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10 July 2026 / Ian Smith
Issue: 8169 / Categories: Features , Employment , Tribunals , Disciplinary&grievance procedures
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Employment law brief: 10 July 2026

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Ian Smith tackles employers moving the goalposts & reflects on the dangers of fielding an unreliable defence
  • Four recent Employment Appeal Tribunal decisions have clarified key employment law principles, including summary dismissal, bonus entitlement, trade union dismissals and tribunal procedure.
  • The cases reinforce a fact-specific approach to employment disputes, while confirming limits on employer discretion and emphasising procedural fairness.

Even though the summer is upon us and the most important decision for employment lawyers is which of the now-seven volumes of the hard copy of Harvey to pack in their suitcase for light reading round the pool in Tuscany, these dog days have still seen four notable decisions of the Employment Appeal Tribunal (EAT) on some rather fundamental points of law. Not only that, but the first two concern essentially matters of common law as applied to employment law, namely whether an employee’s motives can be relevant when deciding on the legality of a summary dismissal, and when a bonus crystallises, so that the employer cannot then unilaterally move the proverbial goalposts.

The third case concerns the always-difficult

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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
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