header-logo header-logo

12 September 2025 / Ian Smith
Issue: 8130 / Categories: Features , Employment
printer mail-detail

Employment law brief: 12 September 2025

229569
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

MOVERS & SHAKERS

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll