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13 June 2025 / Ian Smith
Issue: 8120 / Categories: Features , Employment , Whistleblowing , Tribunals
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Employment law brief: 13 June 2025

222357
Ian Smith chews over a bad apple, part-time status, missing appeal documents & whistleblowing detriments
  • Part-time status: must it be the sole reason?
  • A more liberal approach to missing appeal documents.
  • Whistleblowing detriment: vicarious liability for agents.
  • Equal value claims and job evaluation studies: is there a ‘bad apple’ principle?

Two Court of Appeal cases in the last month are of particular importance on very different problems in current employment law—namely the requirement of causation in part-time worker cases, and the right approach to be taken to incomplete documentation in an appeal to the Employment Appeal Tribunal (EAT), in the light of a legislative change in 2023. In the case of the latter, it should finally determine the point but, for reasons explained below, the former may not be the last word.

In addition, two EAT cases are considered here, relating to vicarious liability of agents in whistleblowing law and the position of job evaluation schemes in equal value cases.

Part-time status

Augustine v Data Cars Ltd [2025] EWCA Civ 658 is an

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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