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PRECEDENTS
Forthcoming changes: In measures expected to come into force on 1 October 2026, time limits for making certain claims in employment tribunals in Great Britain (and, in certain cases, industrial tribunals in Northern Ireland) will be increased from three months to six months. The changes are set out in section 152 of the Employment Rights Act 2025 (ERA 2025) and ERA 2025, Schedule 12 (not yet in force), and in The Employment Tribunals Extension of Jurisdiction (England and Wales) (Amendment) Order 2026 (draft), The Employment Tribunal (Extension of Time Limits) (Miscellaneous Amendments and Transitional Provisions) Regulations 2026 (draft) and The Employee Study and Training (Procedural Requirements) (Amendment) Regulations 2026, SI 2026/473. This Precedent will be updated as soon as the relevant statutory instruments are made. For more information, see Practice Note: Employment Rights Act 2025—tracker. This guide provides general information about whistleblowing and bringing a whistleblowing claim in the employment tribunal in England and Wales. Your employment lawyer will be able to provide specific advice based on your circumstances. Under the Employment Rights Act 1996 (ERA 1996), individuals
CHECKLISTS
This Checklist is designed to help you determine whether you have the systems in place to comply with requirements in relation to whistleblowing. It should be read in conjunction with subtopic: Whistleblowing. For guidance on whistleblowing, see Practice Note: Protection for whistleblowers. Requirement Compulsory or recommended? Comments (if any) ☐ Ensure you have in place a whistleblowing policy Recommended Department for Business, Innovation, Science and Trade, Whistleblowing guidance for employersACAS, Whistleblowing at work, Having a policyLaw Society practice note, Implementing whistleblowing arrangementsSee Precedent: Policy and procedure—whistleblowing (short form). (Insert any comments you may wish to make regarding your organisation’s arrangements) ☐ Ensure your whistleblowing policy dovetails with your regulatory breach reporting policy, if you have one, and
NEWS
Employment news analysis: A claimant can claim that their employer is vicariously liable under section 47B(1B) of the Employment Rights Act 1996 (ERA 1996) for the act of a co-worker for the ‘detriment of dismissal’, according to the EAT, which stated that it was bound by the Court of Appeal’s decision in Timis v Osipov and was not bound by the EAT’s decision to the contrary in Wicked Vision Ltd v Rice.
NEWS
Employment news analysis: A claimant cannot claim that its employer (a company) is vicariously liable under section 47B(1B) of the Employment Rights Act 1996 (ERA 1996) for the act of a co-worker (the company’s owner) for the ‘detriment of dismissal’. Such a claim is barred by section 47B(2) because the alleged detriment ‘amounts to dismissal (within the meaning of Part X)’ of the ERA 1996, according to the EAT.
CHECKLISTS
This Checklist is intended for law firms. It is designed to help you assess whether you have good-practice whistleblowing arrangements in place and to support compliance with SRA obligations and applicable whistleblowing protections for workers. It should be read in conjunction with subtopic: Whistleblowing—law firms. For guidance on whistleblowing, see Practice Note: Protection for whistleblowers—law firms. Guidance on breach reporting can be found in Practice Note: Breach reporting—law firms. Requirement Compulsory or recommended? Comments (if any) ☐ Ensure you have in place a whistleblowing policy Recommended Department for Business, Innovation, Science and Trade, Whistleblowing guidance for employersACAS, Whistleblowing at work, Having a policyLaw Society practice note, Implementing whistleblowing arrangementsSee Precedent: Policy and procedure—whistleblowing (short form). (Insert any comments you may wish to make regarding your firm’s arrangements) ☐ Ensure your whistleblowing policy dovetails with
PRACTICE NOTES
This Practice Note examines what constitutes a protected disclosure for the purposes of the whistleblowing protection provisions of the Employment Rights Act 1996 (ERA 1996) into which the relevant provisions of the Public Interest Disclosure Act 1998 (PIDA 1998) are incorporated. It covers the characteristics of disclosures generally, when they will amount to qualifying disclosures, the requirement that a whistleblower has a reasonable belief that there has been a relevant type of wrongdoing and that the disclosure is made in the public interest. It also deals with when qualifying disclosures are protected and the identity of prescribed persons (people) to whom a disclosure may be made. The Practice Note also outlines the reporting requirements imposed on certain prescribed persons to report annually in writing on the workers’ disclosures received by them. Finally, the Practice Note examines the statutory provisions that render void any contractual provisions (such as ‘gagging clauses’) that seek to prevent a worker from making a protected disclosure, outlines the particular requirements that apply to certain deposit-takers and insurers, the SRA warning notice and the Law Society’s Practice
NEWS
White & Case and Queen Mary University of London (QMUL), have launched the sixth edition international arbitration survey, titled ‘The Path Forward: Realities and Opportunities in Arbitration’. The 2025 survey aims to examine the present state and future potential of international arbitration, tackling crucial topics such as efficiency, enforcement of arbitration awards, public interest concerns such as human rights and corporate social responsibility, and the growing utilisation of Artificial Intelligence (AI). The survey questionnaire will be open from 10 October 2024 until 11 December 2024. The survey results will be published in 2025 in the form of a report.
NEWS
Global Co-Head of White & Case's International Arbitration Practice, Charles Nairac has commented on the publication of the firm's 2025 International Arbitration Survey, conducted with Queen Mary University of London (QMUL). The survey, which received 2,402 responses reveals that 87% of respondents prefer international arbitration for cross-border disputes. London maintains its position as the most preferred seat, while International Chamber of Commerce (ICC) Rules lead arbitral preferences at 39%. The survey indicates growing AI adoption in arbitration, with 90% of respondents expecting to use AI for research, analytics and document review within five years.
NEWS
MLex: The White House clarified on 11 June 2024 that the tariff rate on Chinese goods is 55%, following a post from President Donald Trump on the latest deal struck in London that had sparked some confusion.
NEWS
The White House has published a presidential memorandum confirming that the US will withdraw from numerous international environmental organizations that the President has determined are contrary to US interests. The memorandum directs federal agencies to take immediate steps to end participation in and support for these bodies, including the Intergovernmental Panel on Climate Change, the Intergovernmental Panel on Climate Change, the Intergovernmental Science‑Policy Platform on Biodiversity and Ecosystem Services, the International Renewable Energy Agency, the International Solar Alliance, the International Union for Conservation of Nature, the Secretariat of the Pacific Regional Environment Programme, the 24/7 Carbon‑Free Energy Compact, the Commission for Environmental Cooperation, and UN environmental entities such as the UN Framework Convention on Climate Change, UN Energy, UN Water, and the UN Collaborative Programme on Reducing Emissions from Deforestation and Forest Degradation in Developing Countries.
NEWS
Law360, Washington: President Donald Trump on 31 July 2025 announced a slew of new tariffs on nearly 70 countries that range from roughly 10% to 40%, unveiling the tariffs a day before his pause on worldwide ‘reciprocal’ tariffs was set to expire on 1 August 2025.
GLOSSARY
A white paper is a term that refers to a document issued by the Commission for the purpose of setting out legislative proposals for future EU actions in a particular area.