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13 February 2026 / Ian Smith
Issue: 8149 / Categories: Features , Employment , Tribunals , Disciplinary&grievance procedures , Costs
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Employment law brief: 13 February 2026

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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

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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