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Employment law brief: 10 October 2025

10 October 2025 / Ian Smith
Issue: 8134 / Categories: Features , Employment , Discrimination , Tribunals , Limitation
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Employment tribunal litigation is an adversarial business: Ian Smith spars with the importance of proper pleadings, time limits in discrimination cases & novel anonymity claims
  • Recent Employment Appeal Tribunal (EAT) decisions highlight procedural issues in employment litigation, including time limits in discrimination claims, the importance of properly pleading a case, and the rules around anonymity orders.
  • Key rulings clarified the distinction between continuing acts vs one-off events, reinforced the claimant’s responsibility to plead their case, and extended the scope of the Sexual Offences (Amendment) Act 1992 to tribunal proceedings.

One aspect of the recent case law on employment law, fully reflected in this month’s brief, is the preponderance of cases on matters of procedure. Cases on substance of course crop up, but are often just examples of well-established rules or guidelines, some going back anything up to 40 years ago.

While it is important not to give these an importance that they do not merit by reporting them—if only to retain an element of sanity for

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MOVERS & SHAKERS

Red Lion Chambers—Maurice MacSweeney

Red Lion Chambers—Maurice MacSweeney

Set creates new client and business development role amid growth

Winckworth Sherwood—Charlie Hancock

Winckworth Sherwood—Charlie Hancock

Private wealth and tax offering bolstered by partner hire

Browne Jacobson—Matthew Kemp

Browne Jacobson—Matthew Kemp

Firm grows real estate team with tenth partner hire this financial year

NEWS
The rank of King’s Counsel (KC) has been awarded to 96 barristers, and no solicitors, in the latest silk round
Early determination is no longer a novelty in arbitration. In NLJ this week, Gustavo Moser, arbitration specialist lawyer at Lexis+, charts the global embrace of summary disposal powers, now embedded in the Arbitration Act 1996 and mirrored worldwide. Tribunals may swiftly dismiss claims with ‘no real prospect of succeeding’, but only if fairness is preserved
The Ministry of Justice is once again in the dock as access to justice continues to deteriorate. NLJ consultant editor David Greene warns in this week's issue that neither public legal aid nor private litigation funding looks set for a revival in 2026
Civil justice lurches onward with characteristic eccentricity. In his latest Civil Way column, Stephen Gold, NLJ columnist, surveys a procedural landscape featuring 19-page bundle rules, digital possession claims, and rent laws he labels ‘bonkers’
Can a chief constable be held responsible for disobedient officers? Writing in NLJ this week, Neil Parpworth, professor of public law at De Montfort University, examines a Court of Appeal ruling that answers firmly: yes
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