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Employment law brief: 12 December 2025

12 December 2025 / Ian Smith
Issue: 8143 / Categories: Features , Employment , Whistleblowing , Liability
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In the spirit of togetherness, Ian Smith rounds off the year with a look at precedent across the UK jurisdictions, umbrella companies & vicarious liability
  • The Supreme Court held that appellate courts across the UK should show respect but not deference to decisions from other jurisdictions.
  • The Employment Appeal Tribunal confirmed that umbrella company employment arrangements can be genuine and enforceable.
  • The Court of Appeal was bound to follow precedent in allowing employers to be vicariously liable for detriments amounting to dismissal by fellow employees.

Employment law is usually quite well insulated from the remainder of civil law, but occasionally a case in another area has knock-on effects. This has happened this last month with the decision of the Supreme Court in R (on the application of Jwanczuk) v Secretary of State for Work and Pensions [2025] UKSC 42, which actually concerned social security law, but in which the court took the opportunity to review the whole question of the relationship between the superior courts

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NEWS
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
Professor Dominic Regan of City Law School highlights a turbulent end to 2025 in the civil courts, from the looming appeal in Mazur to judicial frustration with ever-expanding bundles, in his final NLJ 'The insider' column of the year
Antonia Glover of Quinn Emanuel outlines sweeping transparency reforms following the work of the Transparency and Open Justice Board in this week's NLJ
In Ward v Rai, the High Court reaffirmed that imprecise points of dispute can and will be struck out. Writing in NLJ this week, Amy Dunkley of Bolt Burdon Kemp reports on the decision and its implications for practitioners
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