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14 August 2026
Issue: 8174 / Categories: Legal News , Employment
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NLJ this week: Employment law updates on restraints, representation & tribunal boundaries

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A busy period for employment law is producing important lessons for employers, employees and tribunals alike

Three hundred briefs in, Professor Ian Smith examines four recent cases addressing indirect restraints, disciplinary rights, harassment and tribunal decision-making, alongside legislative developments ahead of the next phase of the Employment Rights Act 2025.

In Geeks Ltd v Watts, a training-fee clawback was held capable of amounting to an indirect restraint of trade and was found unreasonable given its breadth and impact on a low-paid trainee.

Wolfe v Taka Mayfair exposed a gap in the statutory right to be accompanied at disciplinary hearings because an employee who was unaware of the meeting’s purpose had made no request for representation.

AB v GH Ltd confirmed that consent is relevant, though not necessarily decisive, in determining “unwanted” harassment. Finally, Cherrington v University of Derby reinforces an increasingly adversarial approach to tribunal litigation, restricting when tribunals should raise unpleaded legal issues themselves. 

Issue: 8174 / Categories: Legal News , Employment
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MOVERS & SHAKERS

Debevoise & Plimpton—Mary Lavelle

Debevoise & Plimpton—Mary Lavelle

Debevoise expands London secondaries team with addition of Mary Lavelle

Excello Law—Hestia Private Client

Excello Law—Hestia Private Client

Excello Law welcomes ex-Irwin Mitchell team to launch Hestia Private Client

Carpmaels & Ransford—Christopher Stothers

Carpmaels & Ransford—Christopher Stothers

Heavyweight patent litigator will bolster Carpmaels Ransford’s rapidly growing Litigation team as firm marks its 250th anniversary

NEWS
Lawyers have welcomed plans to create specialist rape and serious sex offences courtrooms at every Crown Court
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
Arbitration may be private, but its confidentiality is no impenetrable shield. Writing in NLJ this week, James Glaysher of Kingsley Napley examines when courts will permit arbitral material to surface in open litigation
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
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