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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

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

Venus Legal—Esther Amoako

Venus Legal—Esther Amoako

Venus Legal invests in next generation of legal talent as specialist litigation practice grows

Fisher Phillips—Catrina Smith

Fisher Phillips—Catrina Smith

Fisher Phillips continues momentum in London with arrival of Catrina Smith

NEWS
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
Artificial intelligence does not demand a wholesale rewrite of liability law, argues an article challenging claims that new technology has created an accountability gap
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
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