Insights

HR may advise of disciplinary matters, but the responsibility for deciding whether to dismiss must remain with the appointed decision maker, who must exercise independent judgement.

In Elliott v Bateson & Anor (Re Estate of Mark Briant) [2026] EWHC 2440 (Ch), the High Court has struck down a life interest trust provision in a will because the solicitor who drafted it failed to explain its effect to the testator. The case is a sharp reminder that where a solicitor introduces a new concept into a will, particularly one that departs from the client's original instructions, the solicitor must ensure the testator genuinely understands what it means.

Legal advice privilege and litigation advice privilege are available to ringfence documentation, communication and information in the event of a dispute, whether it is contemplated or ongoing.

Mismanagement of privileged information can mean you are required to disclose the contents of the communication, which could potentially undermine your legal position in a dispute. This note is intended to assist you in understanding the parameters of privilege to ensure you are using it correctly.

The proposals could introduce mandatory whistleblowing policies and procedures for many employers, change the routes available for protected disclosures and extend access to interim relief following dismissal.

An employee's mental health may be considered in a harassment claim, but it does not decide the outcome on its own.

Where an Employment Tribunal identifies a potential claim and explains it to an unrepresented claimant, it is not required to raise the issue again if the claimant chooses not to pursue it. The tribunal must assist where fairness requires, but it must remain impartial and respect the claimant’s right to decide how to present their case.