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14 August 2026
Issue: 8174 / Categories: Legal News , Employment
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NLJ this week: Employment law updates on restraints, representation & tribunal boundaries

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A busy period for employment law is producing important lessons for employers, employees and tribunals alike

Three hundred briefs in, Professor Ian Smith examines four recent cases addressing indirect restraints, disciplinary rights, harassment and tribunal decision-making, alongside legislative developments ahead of the next phase of the Employment Rights Act 2025.

In Geeks Ltd v Watts, a training-fee clawback was held capable of amounting to an indirect restraint of trade and was found unreasonable given its breadth and impact on a low-paid trainee.

Wolfe v Taka Mayfair exposed a gap in the statutory right to be accompanied at disciplinary hearings because an employee who was unaware of the meeting’s purpose had made no request for representation.

AB v GH Ltd confirmed that consent is relevant, though not necessarily decisive, in determining “unwanted” harassment. Finally, Cherrington v University of Derby reinforces an increasingly adversarial approach to tribunal litigation, restricting when tribunals should raise unpleaded legal issues themselves. 

Issue: 8174 / Categories: Legal News , Employment
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MOVERS & SHAKERS

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

DWF—11 appointments

DWF—11 appointments

DWF strengthens North West teams with 11 newly qualified solicitors

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
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