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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

Freeths—Rachel Crosier

Freeths—Rachel Crosier

Projects and rail practices strengthened by director hire in London

DWF—Stephen Hickling

DWF—Stephen Hickling

Real estate team in Birmingham welcomes back returning partner

Ward Hadaway—44 appointments

Ward Hadaway—44 appointments

Firm invests in national growth with 44 appointments across five offices

NEWS
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
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’
Refusing ADR is risky—but not always fatal. Writing in NLJ this week, Masood Ahmed and Sanjay Dave Singh of the University of Leicester analyse Assensus Ltd v Wirsol Energy Ltd: despite repeated invitations to mediate, the defendant stood firm, made a £100,000 Part 36 offer and was ultimately ‘wholly vindicated’ at trial
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