header-logo header-logo

Employment law brief: 16 January 2026

240108
In the month of self-improvement, Ian Smith tackles capability dismissals, notice period extensions, the meaning of ‘employer’ & a novus actus
  • The Court of Appeal in Bailey v Stonewall Equality Ltd clarified the limits of third-party liability under s 111, Equality Act 2010, holding that Stonewall’s actions were not a sufficient legal cause of Garden Court Chambers’ investigation.
  • Recent Employment Appeal Tribunal decisions underline practical pitfalls for employers, including when notice can be extended by agreement, the need to consider all available evidence before dismissing for incapability, and the importance of timing and process in unfair dismissal cases.

In the month that saw the final passage of the Employment Rights Act 2025—after a remarkable exercise in legislative ping-pong between the Commons/the government and the Lords, resulting in a climb-down on a day-one right for unfair dismissal and its replacement with a much simpler six- month qualifying period—the headline case in the press was Bailey v Stonewall Equality Ltd and others [2025] EWCA Civ 1662, which concerned an action by a barrister alleging discrimination against her gender-critical

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll