TUPE Protection & Redundancy

EAT Confirms No Duty to Reframe Claimant’s Case Beyond Agreed Issues

Michael Salter discusses the case of Ashley v Walk the Walk Family Support Service Community [2025] EAT 144 (HHJ Auerbach KC, 17 September 2025).

Published: 14th Oct 2025

Trial and No Errors: Top tips for helping your Barrister (and client) succeed at Tribunal

Nick Singer and Jamie Fireman present the next episode of our 2025 employment webinar series.

Published: 13th Oct 2025

Activism in the Workplace - 42BR Barristers Employment Law Annual Lecture

42BR Barristers Employment Law Group Annual Lecture - Activism in the Workplace

Published: 25th Sep 2025

Money for nothing?! Why employees seek interim relief - and how employers can fight the claims

Catch up on the recording of our latest Employment Law webinar

Published: 17th Sep 2025

No duty to rebuild the claim: EAT clarifies tribunal role in unpleaded disabilities

Michael Salter discusses Maltby v Chestnut Inns Ltd [2025] EAT 130, examining whether employment tribunals are required to identify disabilities that have not been pleaded by the parties.

Published: 16th Sep 2025

Minor errors, major consequences? Clarifying EAT extensions after X v CORE Education Trust

Michael Salter explores whether failing to attach required documents to a timely Notice of Appeal amounts to a “minor error” under Rule 37(5) of the EAT Rules 1993, or whether it requires an extension of time under Rule 37(1).

Published: 3rd Sep 2025

Statutory directors and employment status

Lucas Nacif discusses how straightforward it really is for a director to be considered an employee of the company, as well as what, if any, employment rights a director might have if they are not classed as an employee.

Published: 27th Aug 2025

EAT confirms: Failure to amend can bar subsequent tribunal claims

Michael Salter discusses the case of Szucs v GreenSquareAccord Ltd [2025], in which the EAT ruled that not amending a claim to include known, related issues before the final hearing can make a later claim an abuse of process under Henderson v Henderson.

Published: 18th Aug 2025

Court of Appeal grants permission to appeal in novel appeal from the EAT: Arfan Khan appeared for the successful appellant

Arfan Khan, instructed by DCK Solicitors, obtained permission to appeal to the Court of Appeal in a case from the Employment Appeal Tribunal (EAT), involving a novel legal issue under Rule 37 (5) of the Employment Appeal Tribunal Rules 1993 (the EAT Rules).

Published: 12th Aug 2025

Bailey v Aviva: Drawing the Line Between Disorder and Dismissal

The Employment Appeal Tribunal reminds us how tribunals should assess strike-out applications for scandalous or unreasonable conduct that does not clearly preclude a fair trial in Miss S Bailey v Aviva Employment Services Ltd [2025] EAT 109.

Published: 4th Aug 2025

Strike Out vs Preliminary Determination: Differentiating Tribunal Procedures

Michael Salter has written a practice note - Strike Out vs Preliminary Determination: Differentiating Tribunal Procedures.

Published: 28th Jul 2025

Does state immunity prevent you from enforcing an ET or High Court judgment against a sovereign State?

Lucas Nacif has written an article considering: (i) the extent to which state immunity protects a sovereign State’s property from becoming the subject of enforcement action; and (ii) the practicalities of enforcing an ET or High Court judgment against a sovereign State.

Published: 18th Jul 2025

'Time moves in one direction, memory in another' - The Role of Memory in the Employment Tribunal

Jason Braier and Safia Tharoo conclude our latest employment webinar series.

Published: 10th Jul 2025

Employment Law Webinar Series - May to July

Sign up now for the next three sessions in our Employment Law Series 2025.

Published: 8th Jul 2025

FortyTwo Talks: A New Landscape for Employment Rights

Jamie Fireman and Alex Adamou host the first of our employment law podcasts, discussing the Employment Rights Bill

Published: 7th Jul 2025

Is an employer required to redact personal data due to their UK GDPR obligations when disclosing documents in ET or High Court litigation?

42BR's Lucas Nacif has written an article 'Is an employer required to redact personal data due to their UK GDPR obligations when disclosing documents in ET or High Court litigation?'

Published: 26th Jun 2025

Tears, Tiers and Tribunals: Injury to Feelings Unpacked

Catch up on the recording of our latest Employment Law webinar.

Published: 25th Jun 2025

Prahl v Lapinski – a liberal approach to international jurisdiction in the ET?

42BR's Lucas Nacif has written an article, Prahl v Lapinski – a liberal approach to international jurisdiction in the ET?

Published: 23rd Jun 2025

Mr Alastair Dobbie v Paula Felton ta Feltons Solicitors: [2025] EAT 71

Susan Chan acted for the respondent in Mr Alastair Dobbie v Paula Felton ta Feltons Solicitors: [2025] EAT 71

Published: 30th May 2025

Cracking the Code: Tactics for Discrimination Cases

Catch up on the recording of our latest Employment Law Webinar

Published: 28th May 2025

Rebecca Thomas represents the respondent in Mireku v London Underground Limited [2025] EAT 57

Rebecca Thomas represents the respondent in key EAT Decision on Part-Time Worker Protections

Published: 13th May 2025

LSE Legal Advice Clinic

The members of 42BR's Employment Team are delighted to be supporting the LSE Legal Advice Clinic, in partnership with LSE Law School & gunnercooke. 

Published: 8th Apr 2025

‘Mind if we have an off the record chat?’ The without prejudice rule in ET litigation and the role of ‘protected conversations’

Sam Healy and Amy Stroud conclude the first half of our Employment Law Webinar Series 2025.

Published: 2nd Apr 2025

Schedules of Loss and Settlement: Don’t take your chips down when you’re up

Recording of our 'Schedules of Loss and Settlement: Don’t take your chips down when you’re up' webinar

Published: 20th Mar 2025

Mind the Gap: If you are not on the list you are not getting in!

Recording of our 'Mind the Gap: If you are not on the list you are not getting in!' webinar.

Published: 6th Mar 2025

Aysha Ahmad acted for the respondent school in teacher 'whacking' case

Aysha Ahmad successfully defended the schools decision to dismiss the claimant on ground of gross misconduct.

Published: 25th Feb 2025

Section 19A of the Equality Act 2010: a brand new cause of action?

Recording of our 'Section 19A of the Equality Act 2010: a brand new cause of action?' webinar.

Published: 23rd Jan 2025

Everything you always needed to know about holiday pay, but were afraid to ask...

Watch the recording of our recent 'Holiday pay' webinar

Published: 4th Dec 2024

Employment Webinars - Autumn to Winter 2024

Watch the recordings of our Employment Law Webinars, which took place between September to December 2024.

Published: 3rd Dec 2024

Menopause - The Next 'Hot' Topic

Recording of our Annual Employment Lecture: Menopause - The Next 'Hot' Topic.

Published: 28th Nov 2024

Deal or no Deal? Does the Employment Rights Bill 2024 make work pay or is it more work for employers?

Recording of our 'Deal or no Deal?' webinar

Published: 27th Nov 2024

Whistleblowing: Detriment and Dismissal Cases

Recording of our 'Whistleblowing: Detriment and Dismissal Cases'

Published: 23rd Oct 2024

Arfan Khan successful in appeal against strike out order under Rule 37 of the Employment Tribunal Rules 2013

Arfan Khan represented the successful Appellant on appeal, instructed by Chipatiso Associates LLP

Published: 17th Jul 2024

42BR Barristers shortlisted for 6 awards at The Legal 500 Bar Awards 2024

42BR Barristers is delighted to share that we have been shortlisted for 6 awards, across three practice areas, at The Legal 500 Bar Awards 2024.

Published: 9th Jul 2024

Stefan Liberadzki acts for successful appellant in Edinboro v Jamma Umoja (Residential Services) Ltd [2024] EAT 61

EAT considers the extent of the Tribunal’s power to strike out a claim, and the claimant’s entitlement to notice

Published: 11th Jun 2024

'A Practical Guide to the Law of Pregnancy and Maternity at Work' by Rebecca Thomas

Our Head of Employment, Rebecca Thomas, has published a book on pregnancy and maternity in the workplace. Available to purchase now.

Published: 8th May 2024

Jason Braier acted for employer in The Grinch discrimination case

Jason Braier represented the respondent in Toughfar v Search Education Trust, successfully defending claims of direct religious discrimination and harassment.

Published: 18th Apr 2024

Jude Shepherd acted for the Respondent in Lister v New College Swindon: Case Summary

Case summary written by 42BR's Vistra Greenaway-Harvey.

Published: 16th Apr 2024

Jonathan Davies represents Spanish Embassy in diplomatic and state immunity appeal

Case Summary on Lorenzo v the Kingdom of Spain

Published: 18th Dec 2023

Master the Art of Striking Out! The law, the rules, the tactics- how to strike out employment claims

Michael Salter and Catherine Urquhart present the next session in our Employment Law webinar series.

Published: 11th Dec 2023

Master the Art of Striking Out! The law, the rules, the tactics – how to strike out an employment claim

Join Michael Salter and Catherine Urquhart for the next session in our Employment Law series.

Published: 22nd Nov 2023

Hey ChatGPT, is AI after our jobs? - Employment Annual Lecture

Our Employment Law Group are pleased to invite you to their annual lecture exploring AI and the implications it may have for employment lawyers.

Published: 8th Nov 2023

Check your privilege: Recent developments in the without prejudice rule and legal professional privilege.

Amy Stroud and Louise Whittington presented our latest Employment Law webinar.

Published: 5th Oct 2023

When is 'Effective Date of Termination' when a summary dismissal letter is emailed?

Susan Chan successfully applied to strike out the entirety of the claimants claims of unfair dismissal, whistleblowing and trade union detriment in Carabott v London Brough of Newham.

Published: 2nd Oct 2023

Rad Kohanzad shortlisted for Employment Junior of the Year

Rad Kohanzad has been shortlisted for Employment Junior of the Year at this years Chambers UK Bar Awards.

Published: 13th Sep 2023

Nick Bidnell-Edwards contributes to the 2023 Edition of the Employment Law Handbook

The Handbook is available to purchase now.

Published: 9th Aug 2023

Benjamin Uduje represents Hull University Teaching Hospitals in whistleblowing claim

Benjamin Uduje instructed by Capsticks, represents the Hull University Teaching Hospital (HUTH) and four named Respondents in their defence of multiple claims of whistleblowing detriments by a consultant cardiologist.

Published: 2nd Aug 2023

Susan Chan successful in Dobbie v Paula Felton t/a Feltons Solicitors

Susan successfully defended the Respondent, a sole practice solicitor, in this long running saga that has been to the EAT and back.

Published: 26th Jul 2023

Employment Relations (Flexible Working) Act 2023

Jason Braier discusses the Employment Relations (Flexible Working) Act 2023.

Published: 24th Jul 2023

Employment Webinar: Schedules of Loss: a practical guide to getting it right

Max Gordon presents the next webinar in our series of Employment Webinar.

Published: 20th Jul 2023

When a subjective belief can fulfill an objective test

Catherine Urquhart comments on Pilkington UK Ltd v Jones [2023] EAT 90

Published: 14th Jul 2023

42BR shortlisted for 'Employment Set of the Year' at the Legal 500 Bar Awards

We are delighted our Employment team have been shortlisted for 'Employment Set of the Year' 2023.

Published: 12th Jul 2023

Employment Law Webinar: Schedules of Loss. A practical guide to getting it right

Register now for the next instalment of our Employment Law webinars, presented by Max Gordon.

Published: 27th Jun 2023

Employment Webinar: Avoiding the pitfalls of the badly drafted Unless Order

Jason Braier and Jamie Fireman present the next Employment Law webinar in our series.

Published: 23rd Jun 2023

Susan Chan successful in Dobbie v Paula Felton t/a Feltons Solicitors

Susan successfully defended the Respondent, a sole practice solicitor, in this long running saga that has been to the EAT and back.

Published: 15th Jun 2023

UNLESS you subscribe to this webinar, you may be disappointed (a.k.a. Avoiding the pitfalls of the badly drafted unless order)

A 42BR Employment Webinar, presented by Jason Braier and Jamie Fireman.

Published: 30th May 2023

Rad Kohanzad and Andrew Carter appear in Phipps v Priory Education Services Ltd

Case summary of Phipps v Priory Education Services Ltd, provided by Andrew Carter.

Published: 18th May 2023

Testing Times: Reasonable belief in Health and Safety detriment claim and interplay with disability definition: Miles v Driver and Vehicle Standard Agency [2023] EAT 62

Gillian Crew provides a case summary for the case Miles v Driver and Vehicle Standard Agency [2023] EAT 62

Published: 5th May 2023

Employment Webinar: Developing Persuasive Witness Statements for Employment Tribunal Cases : Insights and Best Practices for those Drafting Statements

Recording of our latest Employment Law Webinar which explores how to develop persuasive witness statements in the Employment Tribunal.

Published: 20th Apr 2023

Safia Tharoo provides a brief summary of Ramadhan from an Employment Law perspective

Employment Law Barrister Safia Tharoo shares her thoughts on Ramadhan in the workplace.

Published: 22nd Mar 2023

Employment Webinar: Developing Persuasive Witness Statements for Employment Tribunal Cases : Insights and Best Practices for those Drafting Statements

Michael Salter presents a webinar looking at Witness Statements for Employment Tribunal Cases.

Published: 21st Mar 2023

When ‘without prejudice’ privilege applies in termination discussions (Scheldebouw v Evanson)

Rebecca Thomas has written an article published by Lexis Nexis.

Published: 23rd Feb 2023

Employment Webinar: It’s not what you say, it’s the way that you say it

Does the Court of Appeal decision in Kong v Gulf International Bank UK Limited dilute the protection for whistleblowers?

Published: 22nd Feb 2023

Cabin crew set to receive millions after airline collapses

Catherine Urquhart represented Unite the Union, instructed by Spencer Wood of OH Parsons LLP

Published: 8th Feb 2023

Jason Braier discusses Earl Shilton Town Council v Miller

The case considered the provision of toileting facilities and whether female staff were treated less favourably than male staff when using the same facilities

Published: 3rd Feb 2023

Jonathan Davies acts for royal protection officers in group pay claim

The Court of Appeal handed down judgment today in a group action for non-payment of allowances brought by 400 specialist police officers who formed the Royalty and Specialist Protection squad.

Published: 20th Jan 2023

Webinar: Anonymity orders in Employment Tribunals

Susan Chan and Andrew Carter present this webinar on anonymity orders in the Employment Tribunals

Published: 19th Dec 2022

Webinar: Helping a Barrister succeed at Tribunal

A webinar in which Nick Singer will provide practical tips on how to ensure an Employment Tribunal case is as effective and easy to present as possible.

Published: 22nd Nov 2022

Collective bargaining, rectification of contracts and res judicata (Tyne and Wear Passenger Transport Executive (t/a Nexus) v National Union of Rail, Maritime and Transport Workers) by Rebecca Thomas

Rebecca Thomas has written an article which Lexis Nexis has published.

Published: 11th Nov 2022

Webinar: Pause for thought: Whether the menopause should be added as a protected characteristic under the Equality Act 2010

Gillian Crew and Rebecca Thomas explore whether the menopause should be added as a protected characteristic under the Equality Act 2010

Published: 31st Oct 2022

THE MUSLIM PENALTY? 42BR Employment barristers in conversation with Shelina Janmohamed and Dr Stephen Jones

Recording of the Employment Annual Lecture 2022, The Muslim Penalty?

Published: 26th Aug 2022

Bang out of Order! Employment Webinar

Join us for an Employment Law Webinar, hosted by Jason Braier and Catherine Urquhart

Published: 16th Aug 2022

Does a corrected judgment ‘reset’ the appeal clock?

In Reverend J G Hargreaves v Evolve Housing + Support [2022 EAT 122], the Employment Appeal Tribunal has clarified when time for instituting an appeal starts to run if the Employment Tribunal has sent out a corrected judgment By Catherine Urquhart

Published: 15th Aug 2022

Pause for thought - Gillian Crew considers whether it is time to give menopausal women greater protection under equality law

Extending the list of Protected Characteristics under the Equality Act 2010 to include menopause: is it worth it?

Published: 29th Jul 2022

TUPE, Pensions and Local Authorities by Jonathan Davies

Jonathan Davies has written an training paper on TUPE, pensions and Beckmann Rights

Published: 7th Jul 2022

Rebecca Thomas has written an article on Folarin v Transport for London

Rebecca Thomas has written a case analysis which has been published by Lexis Nexis.

Published: 24th Jun 2022

Christi Scarborough successful in Employment Tribunal case Biggs & Ors v Staveley Head Limited & Ors

Christi Scarborough has been successful in the Employment Tribunal.

Published: 20th Jun 2022

Taking Leave since Smith

Employment webinar with Amy Stroud and Max Gordon.

Published: 9th Jun 2022

Employment Webinar - Living with Covid and the ending of restrictions? Is it back to normal in the workplace or back to the new normal?

A seminar looking at the first instance tribunal decisions arising out of the pandemic and considering what impact there may be on workplace practices.

Published: 16th Mar 2022

The Employment Appeal Tribunal rules on the meaning of exceptional circumstances in rule 30A, procedural irregularity, and private life under Article 8 ECHR

Arfan Khan led Alexander Rozycki from St Philips Chambers on appeal to the EAT before Mr Mathew Gullick QC (sitting as a Deputy High Court Judge).

Published: 30th Nov 2021

Employment Seminar - The Pandemic Disruption, Acceleration, Revolution?

Members of the Employment Team will take a look at some of the changes to the way we work caused by the Pandemic.

Published: 17th Nov 2021

Webinar - Pleading in the Employment Tribunal

Pleadings are the first and vital step of tribunal proceedings. This webinar aims to give practical guidance as to what should be included in a well-drafted claim and response.

Published: 14th Oct 2021

Jonathan Davies represents Royal and Specialist Protection Officers in High Court group action for overtime and unpaid allowances

Judgment has just been handed down in the High Court in a group action brought by 400 police officers serving in the Royal and Specialist Protection Squad of the Metropolitan Police.

Published: 13th Oct 2021

Prior and others -v- Commissioner of Police of the Metropolis

Jonathan Davies is working with Simons Muirhead Burton LLP on one of the most significant employment cases of the year

Published: 16th Jul 2021

Webinar: How to maximise and defend high-value claims

As the title subjects, this webinar explores what claimants and respondents can do to maximise or minimise respectively the level of compensation awarded by an ET.

Published: 15th Jun 2021

Arfan Khan and Katherine Archer succeed in establishing the correct test to be applied to sexual misconduct appeals under s.40 of the Medical Act 1983

Published: 5th May 2021

Employment: Arfan Khan led for the Appellant at a one-day in person contested hearing

Published: 15th Dec 2020

Jude Shepherd appointed as part-time Employment Judge in the Scottish Employment Tribunal

Congratulations to Jude Shepherd on her appointment as a part-time Employment Judge.

Published: 20th Sep 2020

Holiday from Hell: Quarantine and employment rights

Published: 28th Aug 2020

Money for nothing?! Why sacked employees are chasing interim relief

Published: 24th Aug 2020

Vicarious Liability: Respite for employers?

Martin Khoshdel summarises the recent Supreme Court judgement on Vicarious Liability in Wm Morrison Supermarkets PLC v Various Claimants

Published: 23rd Apr 2020

Aysha Ahmad - An Employment tribunal case involving social media and an employee’s use of WhatsApp

Published: 17th Apr 2020

Employment Tribunal decision: O'Connor v Jaguar Land Rover

Published: 6th Feb 2020

"Protecting whistleblowing research: a step too far " by Jason Braier and Shoshana Bacall of Fox & Partners

Published: 8th Nov 2019