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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

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? 
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