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Ian Smith observes the plight of those seeking justice in employment tribunals

The cases commented on in this epistle are particularly diverse, and served to amuse those of us still at the coalface rather than in Tuscany during the dog days of the last month. The first concerns whistleblowing (in the context of human rights) and the second is another equal pay case making the point that ultimately the Equal Pay Act 1970 (EPA 1970) is there to secure equal pay, not fair wages (though in an unusual manner). The third and fourth cases illustrate the fundamental truth that you can go for years without a decision on a particular statutory provision and then suddenly have it brought back into focus.

Whistleblowing

Heinisch v Germany (App No 28274/08) concerned the potential application of Art 10 of the European Convention on Human Rights (the Convention) to a case of what in this jurisdiction would be considered whistleblowing. A geriatric nurse had made several complaints to the management about poor care

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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