Employment Law Review
Thompsons’ Employment Law Review is recognised as an authoritative source of comment and discussion from our trade union law specialists. Available to read here, and also via a weekly email bulletin, the Employment Law Review offers considerable insight into the latest issues affecting trade unions and their members.
Latest Issues
Weekly Issue 913
- Komeng v National Highways Ltd [2026] EAT 75
- Tribunal Reform Urged as Backlog Delays Justice for Workers
Weekly Issue 912
- Mrs L Capeling v TFX Group Ltd
- Radical Reform Proposals Aim to Tackle Deepening Employment Tribunal Backlog
Weekly Issue 911
- Tarbuc v Martello Piling Ltd
- Women and Equalities Committee launches inquiry into disabled people’s access to flexible working
Unfair dismissal
Weekly Issue 913
Komeng v National Highways Ltd [2026] EAT 75
Mr Komeng brought claims in the Employment Tribunal including unfair dismissal, discrimination, and less favourable treatment under the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002.
Employment tribunals and tribunal fees
Weekly Issue 913
Tribunal Reform Urged as Backlog Delays Justice for Workers
At the centre of the proposals is the introduction of compulsory mediation for all claims, alongside a fundamental restructuring of the tribunal system into three distinct tracks based on value and complexity.
Unfair dismissal
Weekly Issue 912
Mrs L Capeling v TFX Group Ltd
In order to establish that Mrs Capeling had made a qualifying disclosure she was required to show she had a genuine belief that the health and safety of any individual had been, was being or was likely to be endangered and that it was reasonable for her to hold that belief.
Employment rights
Weekly Issue 912
Radical Reform Proposals Aim to Tackle Deepening Employment Tribunal Backlog
The Employment Lawyers Association has called for urgent and wide‑ranging reforms to the employment tribunal system, warning that delays are undermining access to justice for workers and employers alike amid a growing backlog of cases.
Unfair dismissal
Weekly Issue 911
Tarbuc v Martello Piling Ltd
Employers cannot use section 111A as a blanket shield to exclude evidence where claims are made in addition to unfair dismissal, such as unlawful deduction from wages claims, discrimination claims, detriment claims, or automatic unfair dismissal.
Equality, discrimination and harassment
Weekly Issue 911
Women and Equalities Committee launches inquiry into disabled people’s access to flexible working
Despite greater flexibility around hours, shift patterns and location, the disability employment gap remains entrenched.
Employment rights
Weekly Issue 910
McMahon v AXA ICAS Ltd
This is a significant and novel decision for employees relying on permanent health insurance schemes and for employers who provide them. The judgment confirms that contractual PHI benefits may survive dismissal and can be enforced as “wages” under the ERA.
Employment rights
Weekly Issue 910
Draft Regulations Propose Six‑Month Tribunal Time Limits
Draft regulations have been laid before Parliament that would extend the time limit for bringing the majority of employment tribunal claims from three months to six months.
Employment rights
Weekly Issue 909
The Right to be Informed You Can Join a Trade Union
Section 58 of the Employment Rights Act 2025, inserts a new section 136A into TULRCA 1992 which will require employers to give workers a written statement advising that they have the right to join a trade union.
Employment rights
Weekly Issue 909
Kankanalapalli v Loesche Energy Systems Ltd
The judgment is an important reminder that conditional job offers can still create binding contracts. It will be important for unions and prospective employees to carefully consider the terms of the offer and whether the conditions can only be satisfied after a contract has been formed.
Employment rights
Weekly Issue 909
Government Consultation on Banning NDAs in Harassment and Discrimination Cases
The government has launched a consultation on new regulations to prevent employers using non‑disclosure agreements (NDAs) to silence victims of workplace harassment and discrimination.
Employment rights
Weekly Issue 908
Khakimov v Amova Asset Management UK Ltd, [2026] EAT 47
The Employment Appeal Tribunal upheld the dismissal of an employee absent for nearly two years due to disability, rejecting claims of discrimination and unfair dismissal.