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11 August 2017 / Ian Smith
Issue: 7758 / Categories: Features , Employment
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Employment law brief: 11 August 2017

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Ian Smith returns to share some tales of whistleblowing, compensation & loss

  • Undone by an oral contract.
  • Whistleblowing: public or private interest?
  • Compensation for non-pecuniary loss: applying the Simmons v Castle uprating.

A couple of weeks ago I went out on the lash with the editor of this august journal, Jan Miller. After a night on triple vodkas with Special Brew chasers, I distinctly remember her saying that she would love to put my fee for the ‘Employment Law Brief’ up to £15m per brief. I, of course, agreed and thought myself well satisfied by this obviously legally binding variation of my existing agreement; knowing that Jan is a gentleman, I did not ask for it in writing. Shortly afterwards, I passed out just as Jan was going on to another pub, muttering something that sounded suspiciously like ‘Lightweight!’.

Some time later, and restored to health, I received the payment for the last brief and was surprised to see that it remained unchanged (a book token for £2.75, redeemable only

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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

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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