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NLJ this week: Employment law’s fine margins

© Copyright LexisNexis 2026. All Rights Reserved.
16 January 2026
Issue: 8145 / Categories: Legal News , Employment , Tribunals , Liability , Equality , Disciplinary&grievance procedures
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From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act

The court held that Stonewall’s actions were not a sufficient legal cause of Garden Court Chambers’ investigation, reinforcing a cautious approach to causation and ‘novus actus interveniens’.

Smith also examines practical lessons from the Employment Appeal Tribunal on extending notice by agreement, the need to consider all available evidence before dismissal for incapability, and the strict contractual meaning of ‘employer’ in collective redundancy law.

The unifying theme is precision: timing, evidence and statutory context matter. For employers and advisers, these cases underline how easily procedural missteps can tip the balance from lawful management to unfair dismissal. 

Issue: 8145 / Categories: Legal News , Employment , Tribunals , Liability , Equality , Disciplinary&grievance procedures
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NLJ this week: Employment law’s fine margins
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
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