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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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MOVERS & SHAKERS

Carter-Ruck—Tomas Vail

Carter-Ruck—Tomas Vail

Carter-Ruck strengthens International team with appointment of arbitration partner Tomas Vail

Slater Heelis—Nick Terry

Slater Heelis—Nick Terry

Slater Heelis strengthens crime and regulatory team with appointment of Nick Terry as partner

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach strengthens private wealth offering with appointment of two new partners

NEWS
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
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