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12 December 2025 / Ian Smith
Issue: 8143 / Categories: Features , Employment , Whistleblowing , Liability
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Employment law brief: 12 December 2025

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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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MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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