Harvey on Industrial Relations and Employment Law

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Commentary

Source Currency: Issue 330, February 2026. Division AI Categories of Worker : This Division has been updated generally to reflect the law as it stands on 1 November 2025. In Madden v Waracle Ltd AI [192.01] the EAT considered the application of agency worker law in a specific context which has become increasingly common, namely where the agency forms an umbrella company to employ its staff. The question then arises as to who is in law the employer. Division AII Contract of Employment : This Division has been updated generally to reflect the law as it stands on 1 November 2025. Further information is given on the implications for employment law of the Data (Use and Access) Act 2025 AII [194.29] ff). In B S Eaton Ltd v Hughes AII [313.11] ) the EAT held that where a question of a continuing right to payment rests on whether the employee was ready, willing and able to work, the burden of proof is on the employee to show that they were, not on the employer to show that they were not. Other cases discussed in this issue include: Forsters LLP v Uddin (AII [194.223] )Farley v Paymaster CA (AII [194.243]) ; Amajane v Metroline Travel Ltd , EAT AII [412.01]) (termination by notice; extension of notice period; timing); Barry v Upper Thames Medical Group , EAT (AII [447.23]) (constructive dismissal; affirming the contract); and Betancourt v United Kingdom Research and Innovation , EAT (AII [476.06]) Division BII Taxation of Employment Income : This Division is up to date to 1 November 2025. Division CI Working Time: This Division has been updated generally to reflect the law as it stands on 1 November 2025. Cases discussed in this issue include Ryanair DAC v Lutz CA CI [51] ) (agency workers; exclusion of permanent workers). Division CIII Whistleblowing : This Division has been updated generally to reflect the law as it stands on 1 November 2025. In Wicked Vision v Rice CIII [98.03] ) the Court of Appeal considered the vicarious liability provisions in whistleblowing detriment law and whether dismissal-related detriments are always ruled out; they end by inviting a further appeal for the matter to be settled by the Supreme Court. In Henderson v GCRM Ltd CIII [98.04] ) the EAT held that the Jhuti /malign influence principle in dismissal law is not to be extended to detriment law, saying that there are good reasons why it should not be: Division G Insolvency of Employer : This Division is up to date to 1 November 2025. Division H Continuity of Employment, etc This Division is up to date to 1 November 2025. The division has been updated for the Employment Rights Act 2025 (H [7.09], H [28.01] ff, H [302], H [800] H [1101], ff). Division K Equal Pay : This Division has been updated generally to reflect the law as it stands on 1 November 2025. The division has been updated for the Employment Rights Act 2025 (K [1.01], K [20.02], K [20.16] ). Cases discussed in this issue include Perkins v Marston (Holdings) Ltd(K [501], K [517], K [534]. Division L Equal Opportunities : This Division has been updated generally to reflect the law as it stands on 1 November 2025. A new section has been added on the date at which disability is to be determined (L [136.14] ff). Cases discussed in this issue include: Stedman v Haven Leisure Ltd, EAT (, L [156], L [156.02] ) (definition of disability; substantial adverse effect; ASD and ADHD); GL v AB , ECJ (L [336.09] L [384.04]) (the duty to make reasonable adjustments; applicability of associative discrimination); Aslam v Transport UK London Bus Ltd , EAT (L [465] ) (victimisation; different heads; close linkage); and AB v Grafters Group Ltd , EAT (L [503] ) (ancillary matters; liability of employers and principals; liability for what acts?). The following case has been added to the quantum awards and recommendations chapter: Parry v Lucky Little Stars (L [992.06] ); James v The Venture (Wrexham) Ltd L [1053.08], L [1366] ); Wood-Hope v Salford City Council L [1053.20] L [1182.01], L [1249.02] ); Gonzalez v St Mary’s Care Ltd L [1094.03] ); and Sinclair v More Blacks, More Dogs, More Irish Ltd L [1128]. Division Q Statutes : This Division has been updated for developments set out in the Harvey bulletin or other recent case law to reflect the law as it stands on 1 November 2025. Division R Statutory Instruments : This Division has been updated for developments set out in the Harvey bulletin or other recent case law to reflect the law as it stands on 1 November 2025.

Contributors

JEFFREY JUPP, BA of Inner Temple, Barrister  Editor
ELAINE BANTON, MA, LLB, Barrister,7BR Chambers  Editor
BRIAN W NAPIER KC, MA, LLB, PhD Advocate of the Scottish Bar; of the Middle Temple, Barrister  Editor
DAVID PARSONS, Managing Associate, Mishcon de Reya  Editor
ROSS BEATON, MA, MPhil, of Inner Temple, Barrister  Editor
MARTINA MURPHY LLB, LLM of Gray’s Inn, Barrister  Editor
OWEN WARNOCK, MA, Solicitor; formerly a partner in Eversheds Sutherland; Emeritus Professor of Employment Law, University of East Anglia  Editor
SUSANNAH KINTISH Partner, Mishcon de Reya LLP  Editor
ADAM TURNER Partner, Mishcon de Reya LLP  Editor
COLM KELLY, LLB, LLM, of Lincoln's Inn, Barrister  Editor
ADELE ASPDEN, MA, LLB, Employment Judge  Editor
STEPHEN C MILLER, LLB, Partner, Clyde & Co  Editor
BARNABY LARGE, LLB, of Inner Temple, Barrister  Case notes editor
The Right Honourable Lord Justice Elias  Consultant editor
KATE TEMPLE-MABE, BA, MA, LLB, of Inner Temple, Barrister  Editor
IAN SMITH MA, LLB of Gray’s Inn, Barrister; Emeritus Professor of Employment Law at the Univer- sity of East Anglia  General editor
DAVID GREEN, MA of Inner Temple, Barrister  Editor
NAEEMA CHOUDRY, MA, LLM Solicitor; Partner, Eversheds Sutherland (International) LLP; a fee paid employment judge  Editor
SURESH PATEL, Associate, Mishcon de Reya LLP  Editor
MATTHEW WOOD Associate, Mishcon de Raya LLP  Editor
THOMAS CORDREY, MA of Inner Temple, Barrister  Editor
SUSANNAH McGLONE, BA, Legal Director, didlaw  Editor
JULIAN ALLSOP, LLB, LLM, of Lincoln's Inn, Barrister  Editor
JOSEPH ENGLAND, LLB, of Lincoln's Inn, Barrister  Case notes editor
JONATHAN BRAIN, BA Employment Judge; Recorder (civil)  Editor