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14 November 2025 / Ian Smith
Issue: 8139 / Categories: Features , Employment , Tribunals , Disciplinary&grievance procedures
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Employment law brief: 14 November 2025

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Out with the old, in with the new: Ian Smith praises a practical approach to early conciliation, plus runs through whistleblowing detriment & future loss
  • The Court of Appeal has confirmed that an ACAS early conciliation certificate is a jurisdictional requirement for certain claims, though tribunals may still allow amendments without a fresh certificate—reinforcing a practical, non-technical approach.
  • The Employment Appeal Tribunal ruled that the Jhuti principle (regarding hidden motives in dismissals) does not extend to whistleblowing detriment cases, protecting innocent managers from unintended liability.
  • Recent cases emphasise that tribunals must base fairness strictly on the established reason for dismissal, and must properly assess future loss in compensation even amid uncertainty.

It is a mercy that the approach of the tribunals and courts to the present system of ACAS early conciliation (EC) has been one emphasising its practical working and avoiding technical interpretations and requirements that could frustrate its overall aim. This is in contrast to the old and notorious ‘standard procedures’ of the early noughties

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MOVERS & SHAKERS

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

International arbitration team strengthened by double partner hire

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Firm celebrates trio holding senior regional law society and junior lawyers division roles

Michelman Robinson—Sukhi Kaler

Michelman Robinson—Sukhi Kaler

Partner joins commercial and business litigation team in London

NEWS
The Legal Action Group (LAG)—the UK charity dedicated to advancing access to justice—has unveiled its calendar of training courses, seminars and conferences designed to support lawyers, advisers and other legal professionals in tackling key areas of public interest law
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
Employment law is shifting at the margins. In his latest Employment Law Brief for NLJ this week, Ian Smith of Norwich Law School examines a Court of Appeal ruling confirming that volunteers are not a special legal species and may qualify as ‘workers’
Criminal juries may be convicting—or acquitting—on a misunderstanding. Writing in NLJ this week Paul McKeown, Adrian Keane and Sally Stares of The City Law School and LSE report troubling survey findings on the meaning of ‘sure’
The Serious Fraud Office (SFO) has narrowly preserved a key weapon in its anti-corruption arsenal. In this week's NLJ, Jonathan Fisher KC of Red Lion Chambers examines Guralp Systems Ltd v SFO, in which the High Court ruled that a deferred prosecution agreement (DPA) remained in force despite the company’s failure to disgorge £2m by the stated deadline
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