In a monthly article, we summarise the employment law developments you need to know about that happened last month. We look at significant recent cases, what's happened in relation to new legislation, and other interesting developments.
Please note: this article is up-to-date as at 30 November 2025; employment law is changing rapidly at the moment and any further updates will be included in our next article.
Case updates
Our first case this month is Reynolds v Abel Estate Agent Ltd and others. The Court of Appeal had to decide whether a claim could proceed by way of amendment, despite the claimant's failure to invoke Acas early conciliation. Could a manager who had played no part in wrongdoing be held personally liable for whistleblowing detriment? This was the question before the EAT in Henderson v GCRM Ltd and others. Lastly we review Davidson v National Express Ltd, where the EAT decided if the employment tribunal (ET) had erred in finding that the claimant's entitlement to unfair dismissal compensation for future loss should end on her 65th birthday.
Ms Reynolds brought an ET claim for whistleblowing detriment. She also claimed automatic unfair dismissal for whistleblowing and applied for interim relief. She failed to contact Acas in connection with early conciliation. Her dismissal claim was exempt from early conciliation because she had applied for interim relief but she should have referred her detriment claim to Acas. The ET rejected her detriment claim but...
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