header-logo header-logo

13 February 2026 / Ian Smith
Issue: 8149 / Categories: Features , Employment , Tribunals , Disciplinary&grievance procedures , Costs
printer mail-detail

Employment law brief: 13 February 2026

242564
Volunteer workers, capability dismissals, & costs decisions with a sting in the tail: Ian Smith combs through the latest employment headlines
  • Key employment law rulings address when volunteers can qualify as ‘workers’, how capability dismissals must be assessed by reference to contractual duties rather than future roles, and the flexible, fact-specific nature of what constitutes a reasonable misconduct investigation.
  • Passing the Employment Appeal Tribunal sift does not protect an appellant from costs, reinforcing that appeals may still be deemed misconceived once fully argued.

Things are certainly hotting up on the legislative front, with the issuing of the first commencement order for the Employment Rights Act 2025 (SI 2026/3). This will be the first of many over the next 18 months or so. On the judicial front, the last month has seen four cases of some importance on matters of interpretation and application of the existing law. The first is a Court of Appeal decision on the employment status of volunteers, of importance to many others in a similar situation in the Maritime and Coastguard Agency

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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll