In this quarter’s review of significant issues impacting employment law, we explore key issues for employers and senior executives in case law and legislation, providing practical takeaways. In this edition, we examine a pivotal and widely reported unfair dismissal case led by James Townsend, Partner and Head of Employment, as well as cases at appellate level.
We also delve into the complex intersection of employment law with criminal investigations, reputation management and privacy, drawing lessons from the world of sport. Additionally, we consider the growing influence of artificial intelligence in the workplace and reflect on the tension between private matters and public trials in the Employment Tribunal.
Inside our Winter 2025 IN CASE Newsletter, you will find:
In conversation with Sir Robert Buckland KC concerning future changes to the employment landscape.
JAMES TOWNSEND & SIR ROBERT BUCKLAND KC
Sir Robert Buckland KC, Consultant and Head of Policy at Payne Hicks Beach LLP, is featured in a conversation with James Townsend, Partner and Head of the Employment Department, discussing the UK Government’s forthcoming Employment Rights Bill and implementation Roadmap. Together, they examine key reforms including unfair dismissal rights, guaranteed hours, workplace harassment, Employment Tribunal time limits, the creation of a Fair Work Agency, and restrictions on “fire and rehire” practices. The discussion highlights the significant impact these changes will have on employers and the importance of preparing policies and procedures ahead of the reforms taking effect from 2026 to 2027.
How football clubs manage criminal allegations against players: Law in Sport
DOMONIQUE MCRAE, DOMINIC CROSSLEY & JAMIE HURWORTH
Employment Law expert Domonique McRae, along with Media & Privacy experts Dominic Crossley and Jamie Hurworth, has analysed recent high-profile cases in football to demonstrate how clubs must carefully balance employment rights and legal duties, reputational risk and privacy when players face serious criminal allegations, with no one-size-fits-all solution.
Case report – Mr D Coppinger and Mr J McInerney v P.J. Carey (Contractors) Limited
James Townsend, Partner and Head of the Employment Department, successfully defended our longstanding construction client, P.J.Carey (Contractors) Limited (“Careys”), against claims for unfair dismissal and wrongful dismissal brought by two former employees, Mr Donal Coppinger and Mr John McInerney.
“Innovation not discrimination”: AI in work and employment contexts
Elizabeth Shaw explores AI’s growing role in recruitment and its potential for bias. With limited UK regulation, employers must ensure fairness, transparency, and human oversight when using AI tools. Responsible governance and regular audits are essential to prevent discrimination and build trust in technology-driven decision-making.
Private matters and public trials – privacy in the employment tribunal
Ross Beaton discusses how courts rarely grant anonymity in Employment Tribunal proceedings, emphasising the principle of open justice. While safety or vulnerability may justify protection, anonymity is exceptional. Litigants should act early if privacy is sought, as judgments now routinely appear online and remain publicly accessible.
Case Update: Hewston v Ofsted – Court of Appeal clarifies boundaries of fair dismissal
Rianna Billington Purvis discusses the Court of Appeal’s ruling in Hewston v Ofsted, which confirms that dismissals must be both substantively and procedurally fair. The case highlights the need for clear policies, proper disclosure of evidence, and proportionate disciplinary responses, especially in safeguarding contexts.
