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14 November 2025 / Ian Smith
Issue: 8139 / Categories: Features , Employment , Tribunals , Disciplinary&grievance procedures
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Employment law brief: 14 November 2025

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Out with the old, in with the new: Ian Smith praises a practical approach to early conciliation, plus runs through whistleblowing detriment & future loss
  • The Court of Appeal has confirmed that an ACAS early conciliation certificate is a jurisdictional requirement for certain claims, though tribunals may still allow amendments without a fresh certificate—reinforcing a practical, non-technical approach.
  • The Employment Appeal Tribunal ruled that the Jhuti principle (regarding hidden motives in dismissals) does not extend to whistleblowing detriment cases, protecting innocent managers from unintended liability.
  • Recent cases emphasise that tribunals must base fairness strictly on the established reason for dismissal, and must properly assess future loss in compensation even amid uncertainty.

It is a mercy that the approach of the tribunals and courts to the present system of ACAS early conciliation (EC) has been one emphasising its practical working and avoiding technical interpretations and requirements that could frustrate its overall aim. This is in contrast to the old and notorious ‘standard procedures’ of the early noughties which accrued restrictions like overactive barnacles, to the extent

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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