Employment law brief: 12 September 2025

Does every little help? Ian Smith delivers an update on supermarket equal pay litigation & goes the extra mile on early conciliation, victimisation & scandalous conduct

The Employment Appeal Tribunal (EAT) upheld most of the tribunal’s findings in Tesco Stores Ltd v Element, affirming that detailed job training materials were valid evidence of actual work performed, despite some procedural and factual errors.
In Aslam v Transport UK London Bus Ltd, the EAT clarified that the two limbs of victimisation under s 27(1) of the Equality Act 2010 are closely linked.
The EAT emphasised a non-technical, justice-focused approach in Chen v Coach Stores Ltd and Bailey v Aviva Employment Services Ltd, allowing claims to proceed despite naming discrepancies and scandalous conduct, respectively, where fairness and proportionality supported continuation.

There was a comment in one of these briefs a little while ago (picked up by my old mate and sparring partner, Professor Dominic Regan) about the increasing length of Employment Appeal Tribunal (EAT) judgments (‘The insider’,

If you are not a subscriber, subscribe now to read this content

If you are already a subscriber sign in

...or Register for two weeks' free access to subscriber content

Employment law brief: 12 September 2025

Does every little help? Ian Smith delivers an update on supermarket equal pay litigation & goes the extra mile on early conciliation, victimisation & scandalous conduct

The Employment Appeal Tribunal (EAT) upheld most of the tribunal’s findings in Tesco Stores Ltd v Element, affirming that detailed job training materials were valid evidence of actual work performed, despite some procedural and factual errors.
In Aslam v Transport UK London Bus Ltd, the EAT clarified that the two limbs of victimisation under s 27(1) of the Equality Act 2010 are closely linked.
The EAT emphasised a non-technical, justice-focused approach in Chen v Coach Stores Ltd and Bailey v Aviva Employment Services Ltd, allowing claims to proceed despite naming discrepancies and scandalous conduct, respectively, where fairness and proportionality supported continuation.

If you are not a subscriber, subscribe now to read this content

If you are already a subscriber sign in

...or Register for two weeks' free access to subscriber content

SourceURL:

Links:

E-newsletter Sign-Up

MOVERS & SHAKERS

Read All

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS

Read All

NLJ this week: Divorce ‘nuclear weapon’ freezes assets but entangles outsiders

Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners

NLJ this week: What counts as ‘rent’? Court says labour alone won’t do

A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent

NLJ this week: Freed but failed—justice system leaves the innocent empty-handed

Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’

NLJ this week: Clarity on whistleblowing, settlements and tribunal limits

A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’

NLJ this week: Family law urged to ditch adversarial instincts

Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients

Error message

Employment law brief: 12 September 2025

MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Ward Hadaway—Matthew Morton

Thomson Hayton Winkley—Nina Hood