After a year filled with notable employment cases, 2025 is set to bring more significant decisions from the tribunals and courts. Here, we outline a few rulings that could potentially reshape key areas of UK employment law.

Wicked Vision v. Rice

Background

The Employment Appeal Tribunal (EAT) considered whether an employee could bring a claim of whistleblowing detriment against their employer when they are dismissed by a co-worker for whom the employer is responsible. The EAT found against the claimant whose upcoming appeal, scheduled to be heard later this year, seeks to overturn the EAT's ruling that such a claim was prohibited.

Under section 47B(1) of the Employment Rights Act 1996 (ERA 1996), a worker is entitled not to be subjected to detriment on the ground that they have made a protected disclosure. This protection covers detriment by the employer, the worker's colleagues or an agent of the employer (sections 47B(1) and (1A) of the ERA 1996). If a detriment is committed by a colleague, the employer is responsible unless it can establish an "all reasonable steps" defence (sections 47B(1B) and (1D) of the ERA 1996).

If a worker who is also an employee is dismissed solely or principally because they have made a protected disclosure, they will have a claim for automatically unfair dismissal (section 103A of the ERA 1996). However, where the detriment is dismissal, an employee cannot bring a claim for detriment under section 47B(1) of the ERA 1996. The employee must...

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