header-logo header-logo

NLJ this week: Clarity on whistleblowing, settlements and tribunal limits

247173
© Getty images
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’ 

Meanwhile, courts reaffirm the distinction between ‘reason’ and ‘motive’ in discrimination claims, limiting challenges where commercial factors drive decisions. A further ruling confirms that broadly worded COT3 settlements can extinguish related appeals, closing off ongoing litigation.

Smith also notes a continued shift towards a more adversarial tribunal approach, with courts reluctant to consider arguments not explicitly raised.

While legislative updates—from benefit uprating to new Employment Rights Act measures—dominate, these cases highlight tightening procedural boundaries. The overall picture is one of refinement rather than revolution, but with meaningful consequences for claimants navigating an increasingly technical landscape.

MOVERS & SHAKERS

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

Venus Legal—Esther Amoako

Venus Legal—Esther Amoako

Venus Legal invests in next generation of legal talent as specialist litigation practice grows

Fisher Phillips—Catrina Smith

Fisher Phillips—Catrina Smith

Fisher Phillips continues momentum in London with arrival of Catrina Smith

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll