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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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
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