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13 February 2026
Issue: 8149 / Categories: Legal News , Employment , Tribunals , Disciplinary&grievance procedures , Costs
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NLJ this week: Volunteers, promotions & perilous appeals

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Employment law is shifting at the margins. In his latest Employment Law Brief for NLJ this week, Ian Smith of Norwich Law School examines a Court of Appeal ruling confirming that volunteers are not a special legal species and may qualify as ‘workers’

On capability dismissals, the Employment Appeal Tribunal (EAT) has clarified that employees must be judged by the work they were contractually employed to do—not what they might do if promoted. That casts doubt on ‘up or elsewhere’ models.

Meanwhile, a flexible approach to misconduct investigations endures—employers need not run a ‘Police force’ or a ‘Crown Court’ . And passing the EAT sift offers no shield from costs: ‘simply because a matter has been argued for some time does not mean that it was arguable’.

MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
The number of misconduct reports to the Financial Conduct Authority (FCA) has doubled in the past five years, after a series of industry scandals highlighted the reputational and regulatory risks involved
It’s game, set but not quite match for the All England Lawn Tennis Ground (AELTG) in its dream of expanding its West London grounds
One in four partners at top 50 and one in five at top 250 firms are considering leaving their firm in the next three years, according to a survey by TBD Marketing
A flat-rate, ‘events-based’ redress scheme for families of postmasters severely affected by the Horizon IT miscarriage of justice scandal is due to open in the summer
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