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

Charles Russell Speechlys—Justine Howard

Charles Russell Speechlys—Justine Howard

Charles Russell Speechlys appoints Justine Howard as General Counsel

Gibson Dunn—Suzanne Thomson

Gibson Dunn—Suzanne Thomson

Gibson Dunn further bolsters business restructuring and reorganization practice in London

Penningtons Manches Cooper—Rachel Yao

Penningtons Manches Cooper—Rachel Yao

Penningtons Manches Cooper expands international private wealth practice with new Singapore partner

NEWS
One in six people with a legal dispute in the past two years used an AI chatbot to discuss the issue or draft complaints, research by charity JUSTICE and research group the Administrative Fairness Lab has found
The Meta settlement indicates civil claims are more effective than regulation when it comes to forcing tech giants to change, according to online safety lawyer Mark Jones
Artificial intelligence (AI) is now used by 94% of lawyers for legal work, with one in ten dependent on AI to do their job, according to LexisNexis
An immersive exhibition drawing on 70 appeals heard at the Supreme Court, Judicial Committee of the Privy Council and House of Lords, has opened to the public
Up to 100 more pupillages for criminal barristers could be provided each year, under a match-funding scheme boosted by £1.5m funding from Ministry of Justice
back-to-top-scroll