header-logo header-logo

11 November 2015 / Ian Smith
Issue: 7676 / Categories: Features , Employment
printer mail-detail

Employment law brief: 11 November 2015

nlj_7676_smith

Ian Smith considers ancient & modern aspects of employment law & notes some warning shots to employees

The first two of the four Employment Appeal Tribunal (EAT) cases considered this month lie at the opposite end of the “ancient and modern” spectrum of employment law. The first concerns the ancient end, and constitutes a reminder not to confuse the very different actions for unfair dismissal and wrongful dismissal—the difference is certainly not semantic. The second, however, concerns the relatively recent amendment to whistleblowing law which was meant to narrow its scope in one crucial way, but is arguably now in danger of being eviscerated by case law, though with an appeal to the Court of Appeal in the offing next year which hopefully will determine the point authoritatively.

The third and fourth cases can be seen as warning shots to employees in two areas normally given a high level of legal protection (long-term sickness and trade union activities) that by their behaviour they can put themselves outside that protection.

Unfair and/or

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Joelson—Jennifer Mansoor

Joelson—Jennifer Mansoor

West End firm strengthens employment and immigration team with partner hire

JMW—Belinda Brooke

JMW—Belinda Brooke

Employment and people solutions offering boosted by partner hire

NEWS

The Court of Appeal has slammed the brakes on claimants trying to swap defendants after limitation has expired. In Adcamp LLP v Office Properties and BDB Pitmans v Lee [2026] EWCA Civ 50, it overturned High Court rulings that had allowed substitutions under s 35(6)(b) of the Limitation Act 1980, reports Sarah Crowther of DAC Beachcroft in this week's NLJ

Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
In a striking financial remedies ruling, the High Court cut a wife’s award by 40% for coercive and controlling behaviour. Writing in NLJ this week, Chris Bryden and Nicole Wallace of 4 King’s Bench Walk analyse LP v MP [2025] EWFC 473
A €60.9m award to Kylian Mbappé has refocused attention on football’s controversial ‘ethics bonus’ clauses. Writing in NLJ this week, Dr Estelle Ivanova of Valloni Attorneys at Law examines how such provisions sit within French labour law
back-to-top-scroll