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R (Greyhound Board of Great Britain Ltd) v Welsh Ministers [2026] EWHC 670 (Admin) What are the practical implications of this case? The ruling reinforces the constitutional divide between the courts and the legislature. It explains that the scheme and framework of the Government of Wales Act 2006 (GWA 2006) embody that separation of powers, and that any judicial attempt to recognise and enforce a common law obligation on Welsh Ministers to consult prior to introducing legislation in the Senedd would trespass upon that boundary. This is not a departure from established principle; case law has already upheld comparable rules for lawmakers in Scotland and at Westminster. However, this is the first express confirmation of the position for Welsh lawmakers, and the first time this dimension of the GWA 2006 has been analysed in such depth. The court examined earlier
The solution arrived through the United Nations Compensation Commission (UNCC), a quasi‑judicial body handling mass claims, created under UN Security Council Resolution 687. By addressing environmental harm—most notably via its ‘F4’ claim class—the UNCC set a seminal benchmark shaping how international law and contemporary arbitral panels allocate financial responsibility for wartime ecological devastation. With present-day wars in areas such as Eastern Europe and the Middle East bringing dam breaches, strikes on chemical facilities, and the burning of farmland, the UNCC’s legacy endures as an essential reference point for states, global investors, and companies engaged in post‑conflict arbitration. The F4 claims: Quantifying the unquantifiable Prior to the 1990s, mechanisms in international law for war reparations overwhelmingly favoured property loss, foregone earnings, and bodily injury. The natural world was commonly treated as a mute, non-compensable victim of armed hostilities...
Understanding the farming business as a business Many farms still use long-standing structures that arose by habit, not strategy. Sole traders, informal partnerships and outdated partnership deeds are common. While once effective, such setups can cause major issues around succession, tax planning and involving the next generation. A corporate team can take a fresh, business-led view of the farm, asking: Who owns the land and other critical assets? Who manages daily operations? Who carries the risk and who enjoys the return? What is the enduring plan for succession? From this review, the team can confirm whether the current setup is fit for purpose or if an alternative — for example an updated partnership agreement, a company, a limited liability partnership, or a blended model — would better meet the family’s aims. Tax efficiency through joined-up advice Tax sits at the centre of most
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Meade v (1) Westminister City Council (2) Social Work England ( ET Case No 2200179/2022, 2211483/2022) Employment Judge Richard Nicolle, in a remedy judgment released on 1 March 2024, decided that the social work regulator and Rachel Meade’s managers at the council must pay an injury to feelings sum of £40,000 together with aggravated damages. The judgment further makes the regulator liable for an additional £5,463 by way of exemplary damages. Nicolle J recorded that, in the tribunal’s view, every witness for the respondents failed to recognise that the claimant’s gender-critical beliefs were legitimate and views she was free to express, a failure which underpinned the awards made as clearly set out in the same published ruling......
Employment Tribunal Reform Project: Update for ET Professional Users ( April 2024) Employment Tribunals Reform: FAQ ( April 2024) What are the practical implications of this development? The core message is that HMCTS continues, albeit at a steady pace, to move forward with its modernisation programme. At present, My HMCTS is live only in the early adopter locations ( Glasgow, Leeds, Bristol and Nottingham). The most notable updates are: My HMCTS now covers all claim types within the early adopter sites Functionality allowing professional users to file an ET1 through My HMCTS will be launched shortly, and the current online ET1 submission route in those sites will be withdrawn The reformed service will be extended to the remaining offices soon, using a phased rollout over three months, meaning all employment tribunal offices should be operating the reformed service by the...
Findings from Social Market Foundation show that nearly three quarters of the 1,618 employees polled want the option for a single pension pot to accompany them each time they move job. When questioned about lifetime provider models, 73% of those aged 35 to 44 back the approach, and 69% of participants aged 45 to 54 express support as well, the study reports. In November 2023, the Department for Work and Pensions proposed changes that would allow staff to contribute to one retirement pot, rather than routinely opening a fresh scheme whenever they switch roles. That proposal differs from the prevalent pattern in which workers accumulate a more cumbersome mix of multiple pension pots as they change employers. The government has encountered opposition from private sector to these plans......
In this issue The EAT in Stena Drilling clarified the divide between territorial and international jurisdiction, narrowing alternative routes; British Airways holiday pay ruling examines the true nature of payments and applies Agnew; government publishes its response on the statutory tips Code; TAMD sets out technical tax updates, umbrella non-compliance action, and an NICs postcode consultation; Powell confirms a justified refusal to allow a return on restricted duties; Aird permits attendance at private equal pay hearings with limited document access; Scottish instruments add PSCS and CJS as listed authorities from 1 July 2024; the DWP seeks evidence on fit note reform by 8 July; a TULR( C) A draft order brings protective awards within Code-based adjustments on 18 July; Jasim guides Rule 37(5) time extensions; April Immigration Rules overhaul sponsored routes; create personalised news alerts via the Alerts tab; May hearings and...
What are the practical implications of this case? Jasim v LHR Airports Ltd [2024] EAT 36 This ruling adopts and expands upon the EAT’s construction of Rule 37(5) as set out in Melki......
Stena Drilling PTE Ltd v Smith [2024] EAT 57 What are the practical implications of this judgment? This decision of the Scottish EAT does not establish new precedent, but it usefully reiterates that international jurisdiction and territorial jurisdiction are separate questions requiring distinct analysis. It further confirms, should any uncertainty remain, that for employment claims commenced on or after 1 January 2021 (ie following the close of the Brexit transition period) section 15C of the Civil Jurisdiction and Judgments Act 1982 ( CJJA 1982), read with section 15D, now provides the sole mechanism by which international jurisdiction can be founded, supplanting the domestic grounds that previously operated within the UK under the recast Brussels Regulation 1215/2012. The EAT set aside the tribunal’s preliminary hearing ruling that it possessed jurisdiction to determine an unfair dismissal claim under the Employment Rights Act 1996 ( ERA 1996) and a...
De Mello and others v British Airways PLC [2024] EAT 53 What are the practical implications of this decision? In a comprehensive ruling, the EAT explores a host of points—particularly engaging for employment lawyers who are unabashed ‘holiday pay anoraks’—concerning holiday pay and claims for unlawful wage deductions. Before delving into the detail, it helps to set the scene: the claimants were current or former cabin crew of the respondent airline, and pursued holiday pay under the Civil Aviation ( Working Time) Regulations 2004 (the 2004 Regulations), the UK instrument implementing EU law; case law on these rules (for example, Williams) has been treated as equally applicable to the Working Time Regulations 1998 ( WTR 1998), SI 1998/1833 because proceedings were issued before the IP completion date of 31 December 2020, the claimants could rely directly on EU...
What has changed? Spring, customarily the season of optimism and fresh growth, has instead this year delivered sponsoring employers in the UK a suite of immigration rule revisions intended to sharply curb overall numbers. The headline alterations are tougher salary benchmarks for sponsored workers, adoption of the Standard Occupational Classification 2020 framework, and the substitution of the Shortage Occupation List with a much slimmer Immigration Salary List. All three associated pay rates rose on 4 April 2024. These reforms target salary levels, update occupation coding to SOC 2020, and replace the former Shortage Occupation List with a leaner Immigration Salary List. For standard new Skilled Worker applications, the headline minimum salary rose from £26,200 to £38,700 gross per annum; the minimum hourly figure increased from £10.75 to £15.88; and the occupation “going rate” shifted from the 25th percentile in the Annual Survey of Hours and...
Aird and others v (1) Asda Stores Ltd, (2) Brierley and others [2024] EAT 52 What are the practical implications of this case? This ruling provides an uncommon illustration of a case management direction within group litigation before the employment tribunal. Although there are no formal Rule 36 orders in place designating ‘lead claimants’ in the Asda equal pay litigation, the matters of selected sample claimants are being tried first, with all remaining claims paused until determinations are made in those cases. It is highly improbable that any participant, Asda included, will be allowed to re‑argue issues determined through the sample claims. The appeal addresses the circumstances of solicitors acting for certain claimants whose proceedings are stayed (within the Calder Multiple). On one side, those claimants and their lawyers gain from the work undertaken and expenditure incurred by others in advancing the hearings of the sample...
In this issue: Individual rights arising from trade union membership Cross-border, international and jurisdictional issues Status and worker categories Contract of employment Policies Prohibited conduct Data protection and employee information Practice, procedure and settlement Daily and weekly news alerts Dates for your diary Trackers New Q& A Individual rights arising from trade union membership Supreme Court issues declaration of incompatibility in lawful industrial action matter In Secretary of State for Business and Trade v Mercer [2024] UKSC 12, the Supreme Court unanimously allowed the appeal and declared that section 146 of the Trade Union and Labour Relations ( Consolidation) Act 1992 ( TULR( C) A 1992) is incompatible with Article 11 of the European Convention on Human Rights. The Court determined that s 146 TULR( C) A 1992 is the sole avenue by which the appellant could uphold their Article 11 right; however, the orthodox construction applied to section 146 bars that route, and it is this feature that is...
Twist DX Ltd and Others v Armes and Others [2024] EAT 45 The Employment Appeal Tribunal has ruled that Niall Armes, Twist DX Ltd's founder, and his wife, Helen Kent- Armes, the company's chief operating officer, may proceed to present their case that Abbott Laboratories, a US-based maker of medical devices, ought to face proceedings in Britain. Judge James Tayler held that the decision of the Employment Tribunal, presided over by Judge Martin Kurrein, contained no error of law when it dismissed an earlier bid by Abbott Laboratories and three US-based individuals to strike out the claims for lack of jurisdiction. In short, the tribunal was right not to strike out the claims against the US company and the US-based individuals......
Mc Cann Media Ltd v HMRC [2024] UKUT 94 ( TCC) MML operates as the personal service company of Neil Mc Cann, a former Scottish Premiership player and Scotland international. Through MML, Mr Mc Cann delivered television punditry and co-commentary, with MML contracting with Sky TV for those services. HMRC contended the arrangements were within the scope of the intermediaries legislation and consequently issued PAYE and NIC determinations and notices spanning five years. Over that timeframe, MML’s only other undertaking was to supply Mr Mc Cann’s services for a six-week spell as Dundee FC’s interim manager, which occurred whilst the Sky agreements were still running. MML appealed the FTT’s decision, which upheld HMRC’s determinations and notices, advancing three grounds of appeal. The first asserted the FTT had erred in law in......
Philip v Working Partners Ltd and another [2024] EAT 43 Gillian Philip, a co-author of children’s fiction under the pen name Erin Hunter, has failed in her challenge to an employment tribunal’s decision that she was not an employee of Working Partners Ltd when she was dismissed after tweeting her endorsement of ‘ Harry Potter’ writer J K Rowling’s view that transgender identity is invalid, as recorded in an 8 April judgment issued on 10 April 2024. Judge Angus Stewart held that the lower employment tribunal had properly found Philip was not an employee for the purposes of Eq A 2010, s 83(2)(a), of either Working Partners, a book packager, or Harper Collins, the publishing house she also sued......
In this issue: Maternity, parents and carers Tax Employment tribunals Immigration Daily and weekly news alerts IRLR Highlights— May 2024 Dates for your diary Trackers New Q& As Maternity, parents and carers The Equality and Human Rights Commission ( EHRC) has updated its workplace guidance on pregnancy and maternity discrimination. Revisions have been made across the toolkits to align with changes that took effect in April 2024. See: LNB News 05/04/2024 73. Tax HM Revenue & Customs ( HMRC) has issued the March 2024 Employer Bulletin. This edition outlines measures announced by the Chancellor of the Exchequer, Jeremy Hunt, in the Spring Budget, including adjustments to the High Income Child Benefit Charge, a new National Insurance Contributions rate from 6 April 2024, and increases to the annual national minimum wage rate. See: LNB News 05/04/2024 19......
Summary of changes From 1 April 2024: new rules for calculating holiday entitlement and pay for irregular hours and part‑year workers (including 12.07% accrual and an option to use rolled‑up holiday pay); annual National Living Wage/ National Minimum Wage uplift and removal of the live‑in domestic worker exemption; higher Agricultural Minimum Wage rates in Wales; and increased VAT registration (£90,000) and deregistration (£88,000) limits. From 6 April 2024: flexible working becomes a day‑one right with revised processes and an updated Acas Code; paternity leave/pay reformed so two separate one‑week blocks can be taken within the first year; introduction of unpaid carer’s leave; extended redundancy protection during pregnancy and for a period after family leave; Employment Tribunal rule changes and higher compensation caps; uplifted Vento bands; higher SSP; Class 1 main employee NIC cut to 8% while weekly thresholds...
In this issue: Key developments Immigration Recruitment Working time and flexible working Whistleblowing Pay Settlement Employment tribunals Northern Ireland Lex Talk®Employment: a Lexis®Nexis community Daily and weekly news alerts Dates for your diary Trackers New Q& As Key developments Key employment law changes— April 2024 The Lexis Nexis® Employment team have compiled an overview of the main employment law updates coming into force in April 2024......
Questionnaire Background The TPC sets the procedural and practice rules for both the First-tier Tribunal and the Upper Tribunal. However, the Employment Tribunals and the Employment Appeal Tribunal do not sit within that unified tribunals framework. Through the Judicial Review and Courts Act 2022, the Employment Tribunals Act 1996 was amended to enable the TPC to assume responsibility for the procedural rules for the Employment Tribunals and the Employment Appeal Tribunal. Those provisions handing over rule‑making powers to the TPC have not yet commenced. Nonetheless, the TPC has been advised that government plans to commence the Employment Tribunal-related elements later in 2024. Accordingly, this consultation looks ahead, outlining the rules the TPC expects to make once the transfer occurs. Possible changes to the ET Rules Current Employment Tribunal procedure is set out in the Employment Tribunals ( Constitution & Rules of Procedure)...
Justice Secretary, Alex Chalk, has said the move is intended to end the 'murky world of non-disclosure agreements' Under plans to curb misuse of NDAs, those bound by confidentiality clauses would still be free to raise alleged criminality with key professionals and crime-fighting bodies. On 28 March 2024, Alex Chalk set out an ambition to end the ‘murky world’ where such agreements are used to conceal wrongdoing, adding that the reforms will make clear in law that gagging orders cannot lawfully be wielded against victims to block justice or silence them. Lawyers and the police Medical practitioners and counsellors Advocates and other organisations that investigate crime The change will not bite immediately; legislation will be brought forward ‘when parliamentary time allows’, the Ministry of Justice said. The Mo J also confirmed the bill will not capture NDAs signed before it secures royal...
GOV. UK Simplifying holiday entitlement and holiday pay calculations (updated 1 April 2024) What are the implications of this updated guidance? Advisers on holiday entitlement and pay should consult the revised edition of the government’s guidance. The revisions indicate that the DBT has treated as well-founded several of the critiques put forward by commentators — ourselves among them — of the original guidance......
In this issue Working time and flexible working Pay Tax Prohibited conduct (discrimination etc) Employment tribunal equality claims Diversity and gender pay gap Industrial action Unfair dismissal Employment tribunals Immigration Northern Ireland ESG and sustainability: employment issues Daily and weekly news alerts Dates for your diary Trackers New Q& As Working time and flexible working Code of Practice ( Requests for Flexible Working) Order 2024 ( SI 2024/429): The Order designates 6 April 2024 as the date on which the updated Code of Practice on handling requests for flexible working, issued by the Advisory, Conciliation and Arbitration Service ( Acas) under section 199 of the Trade Union and Labour Relations ( Consolidation) Act 1992 ( TULR( C) A 1992), takes effect. It also clarifies that the revised Code does not cover applications for flexible working made under section 80F of the Employment Rights Act 1996 ( ERA 1996) that are lodged on or before 5 April 2024; however, any such...
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When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
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