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
