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13 June 2025
Issue: 8120 / Categories: Legal News , Employment , Tribunals , Whistleblowing
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NLJ this week: Incomplete documentation, ‘bad apples’ & vicarious liability in whistleblowing

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Is there such a thing as a ‘bad apple’ principle in employment law? In this week’s NLJ, Ian Smith, barrister, emeritus professor of employment law at the Norwich Law School, UEA, covers four recent, important cases of value for practitioners

They span the requirement of causation in part-time worker less favourable treatment cases, and the best approach to incomplete documentation in an appeal. Smith’s employment law brief also covers vicarious liability of agents in whistleblowing cases and the position of job evaluation schemes in equal value cases.

On incomplete documentation, Smith writes that a 2023 amendment to the regulations ‘was to remedy the position whereby approximately a fifth of appeals to the EAT were in time but missing some documentation, taking up too much of the EAT’s time. The aim was therefore to relax the previous strictness in cases of partial failure to comply in a case where the appeal was otherwise in time… The holding of the Court of Appeal was that the EAT’s approach failed to give effect to this clear intent’. 

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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