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Some errors are small and forgivable, but whether this is so may depend on the judge

Next week’s election may result in changes to employment law, but the existing law continues to present novel issues of interpretation, says Ian Smith

Whistleblowing, alternative employment in a medical incapability case, and the liability of employees in a discrimination case: this is the trio of topics covered in this week’s ‘Employment law brief’

Work-from-home claims are on the rise, & practitioners need to prepare for the fallout, say Rachel Crasnow KC & Imogen Brown

Flexible working features in an increasing number of employment law claims, write Rachel Crasnow KC and Imogen Brown, of Cloisters Chambers, in this week’s NLJ

Complaints about discrimination in relation to any protected characteristic should lead to robust investigations, not heresy hunts, say Maya Forstater & Anya Palmer
Clare Fletcher looks into the Tesco ‘retained pay’ case & ponders how Labour in government might treat the issue

What are the potential implications of the Tesco ‘retained pay’ case, and, post-election, how might a potential Labour government overhaul the law surrounding fire and rehire?

Where does the Supreme Court’s decision in Mercer leave us in terms of the law on union-related detriment? Charles Pigott reports
The government is seeking to resurrect tribunal fees, posing serious questions about access to justice. The benefits are unclear, writes Catrina Smith
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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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