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12 December 2025
Issue: 8143 / Categories: Legal News , Employment , Whistleblowing , Liability
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NLJ this week: Cross-UK precedent, umbrella companies & whistleblowing liability

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In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts

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.

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
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