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Employment law brief: 17 April 2026

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After too much Easter nibbling, Ian Smith hops through a flurry of legislative activity & case law
  • Legislative developments dominate, with uprated social security benefits, new measures under the Employment Rights Act 2025 and revised Vento bands for injury to feelings awards.
  • Recent case law, though limited in number, delivers key clarifications on whistleblowing motives, the distinction between reason and motive in discrimination, the scope of COT3 settlements, and the increasingly adversarial approach of employment tribunals.

In spring, a young employment lawyer’s fancy turns to… the statutory instruments containing the uprating of social security benefits, the employment protection maxima and the national minimum wages, along with not one but two commencement orders for the Employment Rights Act 2025. To cap this off we have, not Easter bunnies and chocolate eggs, but the employment tribunal (ET) presidential increases of the Vento scales for awards for injury to feelings. A heady mix indeed.

Perhaps to compensate for this frenetic activity on the legislative front,

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NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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