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13 February 2026
Issue: 8149 / Categories: Legal News , Employment , Tribunals , Disciplinary&grievance procedures , Costs
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NLJ this week: Volunteers, promotions & perilous appeals

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Employment law is shifting at the margins. In his latest Employment Law Brief for NLJ this week, Ian Smith of Norwich Law School examines a Court of Appeal ruling confirming that volunteers are not a special legal species and may qualify as ‘workers’

On capability dismissals, the Employment Appeal Tribunal (EAT) has clarified that employees must be judged by the work they were contractually employed to do—not what they might do if promoted. That casts doubt on ‘up or elsewhere’ models.

Meanwhile, a flexible approach to misconduct investigations endures—employers need not run a ‘Police force’ or a ‘Crown Court’ . And passing the EAT sift offers no shield from costs: ‘simply because a matter has been argued for some time does not mean that it was arguable’.

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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