header-logo header-logo

13 March 2026 / Ian Smith
Issue: 8153 / Categories: Features , Employment , Tribunals , Disciplinary&grievance procedures
printer mail-detail

Employment law brief: 13 March 2026

244394
Old caselaw gets a modern makeover: Ian Smith runs through secondment arrangements, multiple reasons for dismissal, & an appeal unlike any other
  • Recent decisions have highlighted that a change of employer during secondment will be rare without clear contractual novation; collective disciplinary procedures can be contractually incorporated where wording and context support it; and tribunals must identify the employer’s actual principal reason for dismissal, not a reason that could have justified it.
  • On procedural fairness, the Employment Appeal Tribunal reaffirmed that serious defects in handling an appeal can by themselves render a dismissal unfair, even if the outcome might ultimately have been the same.

The four cases considered here are all examples of longstanding issues in individual employment law. Much of the case authority in these areas is quite old, having had the basic rules established years ago, but it is instructive to see some modern instances and the exploration of some detailed points. Also, some of these judgments have made interesting side points. The cases cover secondment arrangements, implied incorporation of disciplinary procedures from collective agreements,

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