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13 March 2026 / Ian Smith
Issue: 8153 / Categories: Features , Employment , Tribunals , Disciplinary&grievance procedures
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Employment law brief: 13 March 2026

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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

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MOVERS & SHAKERS

Foot Anstey—Jasmine Olomolaiye

Foot Anstey—Jasmine Olomolaiye

Investigations and corporate crime expert joins as partner

Fieldfisher—Mark Shaw

Fieldfisher—Mark Shaw

Veteran funds specialist joins investment funds team

Taylor Wessing—Stephen Whitfield

Taylor Wessing—Stephen Whitfield

Firm enhances competition practice with London partner hire

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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