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12 December 2025
Issue: 8143 / Categories: Legal News , Employment , Whistleblowing , Liability
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NLJ this week: Cross-UK precedent, umbrella companies & whistleblowing liability

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In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts

In Jwanczuk, the Supreme Court recalibrated how courts across UK jurisdictions should treat one another’s decisions: respect, yes—deference, no. This undercuts the stricter approach seen in Augustine, opening space for divergence where earlier authorities are unconvincing or impractical.

Smith also reports on Madden v Waracle, where the Employment Appeal Tribunal upheld the legitimacy of umbrella-company employment arrangements, noting that such structures can genuinely protect workers’ statutory rights when properly operated.

Finally, in Rice v Wicked Vision, the Court of Appeal reluctantly followed Osipov to hold that employers may be vicariously liable for detriments amounting to dismissal inflicted by fellow employees—while openly signalling that the underlying logic is flawed and ripe for Supreme Court review.

MOVERS & SHAKERS

Clarke Willmott—Kevin Joynes & Neil Gosling

Clarke Willmott—Kevin Joynes & Neil Gosling

Clarke Willmott bolsters housebuilder expertise in Birmingham

Carpmaels & Ransford—Kevin Cordina

Carpmaels & Ransford—Kevin Cordina

Firm adds former Simmons Simmons patent head to engineering and tech team

ACTAPS—Sally Goodger

ACTAPS—Sally Goodger

Freeths strengthens its voice in national disputes with ACTAPS committee appointment

NEWS
4PB chambers has announced the 2026 winner of its Alan Inglis Memorial Essay Prize, now in its third year
Murder could be split into first and second degrees, under Law Commission proposals for a historic overhaul of homicide offences
Prime Minister Keir Starmer’s Australian-style ban on social media for under-16s will be difficult to enforce, lawyers have warned
One in two women in law say their current working pattern is unsustainable for their long-term health, according to a report by the Next 100 Years project
The Legal Services Board (LSB) has highlighted a lack of safeguards where people use artificial intelligence (AI) tools to help with legal problems
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