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Employment law brief: 14 August 2026

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Three hundred briefs in, our treasured author & Harvey enthusiast, Professor Ian Smith, has a lot to shout about from the employment coalface
  • Reviews the latest Employment Rights Act 2025 regulations ahead of the next phase of implementation in October.
  • Analyses four recent appellate decisions on restraint of trade, the right to be accompanied, harassment under the Equality Act 2010, and the scope of employment tribunal decision-making.

Legislation changes are hotting up in the run-up to the next major phase in bringing into force the Employment Rights Act 2025 in October. In the last month we have had complex regulations on access for trade unions to workplaces, the lowering of time limits for employment tribunal (ET) actions and extending the permissible forms of trade union ballots.

On the case law front, the four cases considered here cover a wide range. The first is a Court of Appeal case on restraint of trade; usually, such cases tend to be merely factual examples of very old and established

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MOVERS & SHAKERS

Shakespeare Martineau—Molly Rae

Shakespeare Martineau—Molly Rae

Shakespeare Martineau boosts Sheffield corporate team with new appointment

Stone King—Clare Harris

Stone King—Clare Harris

Stone King appoints new head of trusts and estates to spearhead growth as expansion continues

Browne Jacobson—David Hill

Browne Jacobson—David Hill

Browne Jacobson appoints David Hill as new health and life sciences partner with UK and international experience

NEWS
The government is considering introducing a Serious Fraud Office (SFO) financial incentives scheme for individuals who report economic crime
Defendants will attend their first court hearing virtually via a secure link from a police custody suite, the Ministry of Justice (MoJ) has confirmed in its response to Lord Leveson’s independent review of the criminal courts
The Law Commission has proposed a major overhaul of product liability laws to bring them in line with the digital age and era of artificial intelligence (AI)
The Sentencing Council is consulting on three new and three revised guidelines for ‘Bladed article and offensive weapon etc offences’
The Ministry of Justice has laid secondary legislation to allow, for the first time, proceedings in the Administrative Court, a part of the King’s Bench Division in the High Court, and sentencing remarks by the Chief Magistrate to be broadcast
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