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13 March 2026 / Ian Smith
Issue: 8153 / Categories: Features , Employment , Tribunals , Disciplinary&grievance procedures
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Employment law brief: 13 March 2026

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Old caselaw gets a modern makeover: Ian Smith runs through secondment arrangements, multiple reasons for dismissal, & an appeal unlike any other
  • Recent decisions have highlighted that a change of employer during secondment will be rare without clear contractual novation; collective disciplinary procedures can be contractually incorporated where wording and context support it; and tribunals must identify the employer’s actual principal reason for dismissal, not a reason that could have justified it.
  • On procedural fairness, the Employment Appeal Tribunal reaffirmed that serious defects in handling an appeal can by themselves render a dismissal unfair, even if the outcome might ultimately have been the same.

The four cases considered here are all examples of longstanding issues in individual employment law. Much of the case authority in these areas is quite old, having had the basic rules established years ago, but it is instructive to see some modern instances and the exploration of some detailed points. Also, some of these judgments have made interesting side points. The cases cover

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NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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