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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

Womble Bond Dickinson—Paula Myers

Womble Bond Dickinson—Paula Myers

Womble Bond Dickinson appoints Paula Myers to private capital team in Leeds

mfg Solicitors—five promotions

mfg Solicitors—five promotions

Law firm mfg Solicitors announces five promotions at Birmingham office

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

NEWS
The legal profession's AI challenge extends far beyond fabricated case citations, according to a warning about the next phase of technological risk
Law firms should use the transition period before the Financial Conduct Authority (FCA) assumes anti-money laundering (AML) supervision to strengthen governance and compliance, experts have warned
Cross-border disputes increasingly demand creative approaches to gathering evidence, with litigators needing to look beyond traditional letters of request
A Court of Appeal ruling has clarified the distinction between contracts of 'indefinite' and 'perpetual' duration, with potentially significant implications for commercial drafting
The Court of Appeal was entitled to uphold the government's decision to proscribe Palestine Action as a terrorist organisation, according to an analysis of the ruling
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