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12 December 2025 / Ian Smith
Issue: 8143 / Categories: Features , Employment , Whistleblowing , Liability
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Employment law brief: 12 December 2025

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In the spirit of togetherness, Ian Smith rounds off the year with a look at precedent across the UK jurisdictions, umbrella companies & vicarious liability
  • The Supreme Court held that appellate courts across the UK should show respect but not deference to decisions from other jurisdictions.
  • The Employment Appeal Tribunal confirmed that umbrella company employment arrangements can be genuine and enforceable.
  • The Court of Appeal was bound to follow precedent in allowing employers to be vicariously liable for detriments amounting to dismissal by fellow employees.

Employment law is usually quite well insulated from the remainder of civil law, but occasionally a case in another area has knock-on effects. This has happened this last month with the decision of the Supreme Court in R (on the application of Jwanczuk) v Secretary of State for Work and Pensions [2025] UKSC 42, which actually concerned social security law, but in which the court took the opportunity to review the whole question of the relationship between the superior courts

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MOVERS & SHAKERS

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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