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10 July 2026
Issue: 8169 / Categories: Legal News , Employment , Tribunals , Disciplinary&grievance procedures
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NLJ this week: EAT rulings redraw key employment law boundaries

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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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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