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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

Devonshires—Rebecca Eastwood

Devonshires—Rebecca Eastwood

Housing management and property litigation practice strengthened by Leeds partner hire

Trowers & Hamlins—Rahul Sagar

Trowers & Hamlins—Rahul Sagar

Banking and finance practice bolstered by partner hire

mfg Solicitors—Ian Sheppard

mfg Solicitors—Ian Sheppard

Commercial litigation team welcomes senior associate in Birmingham

NEWS
A ‘parallel justice system’ is developing due to the increased use of Out of Court Resolutions (OOCRs), magistrates have warned
The government’s plan to cut jury trials could ‘cause more delays than it could ever serve to reduce’, veteran silk Geoffrey Robertson KC has warned
Artificial intelligence (AI) could be used to generate faster and cheaper transcripts of criminal court proceedings, ministers have announced
Solicitors practising litigation have been issued with a Law Society practice note following the Court of Appeal’s judgment in Mazur
Sir Andrew McFarlane has retired from the judiciary, following nearly eight years as president of the Family Division and president of the Court of Protection
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