Employment Law Case Round-Up – Spring 2026

Recent Employment Tribunal and Employment Appeal Tribunal decisions continue to highlight the importance of fair procedures, careful handling of flexible working requests, and balanced workplace investigations.

Below is a summary of some of the recent employment law developments that employers should be aware of.

Flexible Working & Return-to-Office Risks

Tribunals continue to scrutinise workplace policies requiring increased office attendance, particularly where employees have childcare responsibilities.

Recent cases have reinforced the principle established in Dobson v North Cumbria NHS Foundation Trust that employers should be mindful of the potential for indirect sex discrimination where working arrangements disproportionately impact women with caring responsibilities.

Before changing existing hybrid or flexible working arrangements, employers should ensure they:

• Consult meaningfully with employees;

• Clearly identify the business rationale for proposed changes; and

• Properly consider alternatives and individual circumstances.

This is particularly relevant where employees already have formal flexible working agreements in place.

Whistleblowing Protection Remains Broad

The Employment Appeal Tribunal has again confirmed that whistleblowing protection can apply even where an employee has personal motives for raising concerns.

The key issue is whether the employee reasonably believed the disclosure was in the public interest, rather than whether the complaint ultimately proved correct.

Employers should therefore avoid dismissing concerns too quickly as simply “personal grievances” and ensure concerns are investigated appropriately.

Workplace Investigations Under the Spotlight

Recent tribunal decisions have highlighted the importance of conducting balanced and proportionate investigations before disciplinary action is taken.

In particular, tribunals have criticised employers who:

• Rely too heavily on isolated Teams or WhatsApp messages without considering context;

• Fail to properly investigate mitigating circumstances; or

• Overstate allegations during disciplinary proceedings.

Employers should ensure that investigations remain objective and evidence-based throughout the process.

Social Media & Protected Beliefs

A number of recent decisions have also explored the difficult balance between employees’ protected beliefs and employers’ equality, inclusion, and reputational concerns.

Cases involving historic social media activity continue to demonstrate that employers should proceed carefully before taking action linked to an employee’s religious or philosophical beliefs.

While employers may legitimately address inappropriate conduct or comments, action taken because of the underlying protected belief itself may create discrimination risks.

Appeal Procedures Still Matter

Tribunals continue to reinforce that a poorly handled appeal process can undermine an otherwise fair dismissal.

An appeal should be treated as a genuine opportunity to review the original decision, rather than simply confirming the outcome already reached.

Common issues identified by tribunals include:

• Excessive delays;

• Failure to properly review evidence;

• Lack of independence; and

• Inadequate communication of appeal outcomes.

Final Thoughts

The common theme across many recent employment cases is the importance of:

• Meaningful consultation;

• Careful investigations;

• Clear communication; and

• Fair and reasonable decision-making.

Employers who can demonstrate a well-documented and balanced process remain in the strongest position to defend workplace decisions if challenged.

If you would like advice or support on any of the issues above, please get in touch..