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Employment law brief: 16 January 2026

240108
In the month of self-improvement, Ian Smith tackles capability dismissals, notice period extensions, the meaning of ‘employer’ & a novus actus
  • The Court of Appeal in Bailey v Stonewall Equality Ltd clarified the limits of third-party liability under s 111, Equality Act 2010, holding that Stonewall’s actions were not a sufficient legal cause of Garden Court Chambers’ investigation.
  • Recent Employment Appeal Tribunal decisions underline practical pitfalls for employers, including when notice can be extended by agreement, the need to consider all available evidence before dismissing for incapability, and the importance of timing and process in unfair dismissal cases.

In the month that saw the final passage of the Employment Rights Act 2025—after a remarkable exercise in legislative ping-pong between the Commons/the government and the Lords, resulting in a climb-down on a day-one right for unfair dismissal and its replacement with a much simpler six- month qualifying period—the headline case in the press was Bailey v Stonewall Equality Ltd and others [2025] EWCA Civ 1662, which

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
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