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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

Bell Yard Kysen—Liz Giles

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Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

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Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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