header-logo header-logo

10 July 2026
Issue: 8169 / Categories: Legal News , Employment , Tribunals , Disciplinary&grievance procedures
printer mail-detail

NLJ this week: EAT rulings redraw key employment law boundaries

254472
© Getty images
Four recent Employment Appeal Tribunal decisions have clarified important employment law principles on dismissal, bonuses, trade union activity and tribunal procedure

Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at the University of East Anglia, highlights a ruling confirming that an employee's motives may, in some cases, help determine whether conduct amounts to repudiatory breach, observing that 'motive may, in an appropriate case, be evidence as to how a reasonable person would react'.

He also examines a bonus dispute where an employer could no longer 'move the goalposts' after entitlement had crystallised, together with decisions on the limits of the separability defence in trade union dismissals and extensions of time for tribunal responses.

Collectively, the judgments reinforce a fact-sensitive approach while placing limits on employer discretion. 

MOVERS & SHAKERS

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

From childhood dreams of the Bar to some of the country's most challenging cases, Maryam Syed KC explains why she has never stopped standing up for others

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft significantly expands Cyber team, hiring three Cyber partners

Browne Jacobson—Professor Clive Kay

Browne Jacobson—Professor Clive Kay

Browne Jacobson appoints senior healthcare leader Professor Clive Kay as strategic adviser

NEWS
As family justice moves further away from the courtroom, collaborative law is emerging as an increasingly important route to resolving separation disputes
A busy period for employment law is producing important lessons for employers, employees and tribunals alike
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
back-to-top-scroll