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13 February 2026 / Ian Smith
Issue: 8149 / Categories: Features , Employment , Tribunals , Disciplinary&grievance procedures , Costs
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Employment law brief: 13 February 2026

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Volunteer workers, capability dismissals, & costs decisions with a sting in the tail: Ian Smith combs through the latest employment headlines
  • Key employment law rulings address when volunteers can qualify as ‘workers’, how capability dismissals must be assessed by reference to contractual duties rather than future roles, and the flexible, fact-specific nature of what constitutes a reasonable misconduct investigation.
  • Passing the Employment Appeal Tribunal sift does not protect an appellant from costs, reinforcing that appeals may still be deemed misconceived once fully argued.

Things are certainly hotting up on the legislative front, with the issuing of the first commencement order for the Employment Rights Act 2025 (SI 2026/3). This will be the first of many over the next 18 months or so. On the judicial front, the last month has seen four cases of some importance on matters of interpretation and application of the existing law. The first is a Court of Appeal decision on the employment status of volunteers, of importance to many others

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Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

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Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

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Switalskis wills and probate team extends reach with two appointments

Withers—Sophie Barrett-Brown

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

NEWS
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
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
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
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