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.
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