Explorez tous les épisodes du podcast 11KBW Employment Podcast
| Titre | Date | Durée | |
|---|---|---|---|
| Higgs v Farmor CA: Manifestation of Belief in the Court of Appeal | 25 mars 2025 | 00:57:58 | |
In this special extended episode, Andrew Edge and Hannah Slarks discuss the biggest employment judgment of 2025, Higgs v Farmor’s School [2025] EWCA Civ 109. Just days after the parties seek permission to appeal to the Supreme Court, Andrew and Hannah take a deep dive into where discrimination law has gone wrong, and how the Supreme Court might fix it. Host: Hannah Slarks | |||
| Syspal Capital v Truman: Leaver Provisions | 26 févr. 2025 | 00:15:58 | |
Ruth Kennedy talks to Oliver Mills about Syspal Capital Ltd v Truman [2024] EWHC Civ 1561 (Ch). Why do employers use shareholding arrangements to incentivise employees? Why is it so important to draft Articles of Association carefully? What are the dangers of employers dismissing employees to deprive them of particular benefits? Host: Oliver Mills | |||
| Derma Med Ltd v Ally: Full and Frank Disclosure | 31 janv. 2025 | 00:40:22 | |
Rupert Paines talks to Lucy Jones about Derma Med Ltd v Ally [2024] EWCA Civ 175, a Court of Appeal decision on non-compete and confidentiality injunctions, granted without notice. | |||
| Cheshire Estate v Blanchfield: Fiduciary Duties | 18 déc. 2024 | 00:24:40 | |
Jamie Susskind talks to Rita Dias about Cheshire Estate & Legal Ltd v Blanchfield [2024] EWCA Civ 1317. When will directors taking steps towards setting up a competitor breach fiduciary duties? | |||
| Dowding v Character Group: Tribunal Costs | 25 nov. 2024 | 00:28:32 | |
Tom Ogg speaks to Michael White about Dowding v The Character Group plc [2024] EAT 153, a case which touches on the most common questions relating to costs in the Tribunal. How should a Tribunal assess whether a claim had no reasonable prospect of success? What kind of conduct is ‘unreasonable’ such that costs should be awarded – including in relation to the refusal of settlement offers? How should Tribunals decide upon the amount of a costs award? And in what circumstances should ‘indemnity’ costs be awarded? | |||
| First Greater Western v Moussa: Knowledge in Whistleblowing and Victimisation Claims | 28 oct. 2024 | 00:21:50 | |
This month Judy Stone KC talks to Joseph Lavery about First Greater Western Ltd v Moussa [2024] EAT 82. When can an employer be liable for detriments inflicted by a decision maker who has no knowledge of the protected disclosure or protected act? What is a collective memory? They discuss this important judgement from the EAT and the difficulty of reconciling the case law in this area. | |||
| Tesco v USDAW: Fire and Rehire | 25 sept. 2024 | 00:30:19 | |
This month Sean Jones KC is back to talk to Aliya Al-Yassin about Tesco v USDAW [2024] UKSC 28. When will an implied term prevent an employer from firing and rehiring? And when will an injunction be granted to restrain dismissal? They discuss this landmark Supreme Court judgment. | |||
| Bailey v Stonewall: Causing and Inducing Discrimination | 28 août 2024 | 00:31:32 | |
This month Daniel Isenberg talks to Oliver Mills about Bailey v Stonewall Equality Ltd [2024] EAT 119. When will a third party be liable for instructing, inducing or causing someone else’s act of discrimination? They discuss this important new judgment from Mr Justice Bourne on the application of s.111 Equality Act 2010. | |||
| Adams v Walsall Housing: Bypassing Collecting Bargaining | 22 juil. 2024 | 00:20:06 | |
Richard Leiper KC talks to Paddy Halliday about their case, Adams v Walsall Housing Group Ltd. When will offers be unlawful because they have bypassed a collective bargaining process? | |||
| Wicked Vision: Whistleblowing Detriment | 26 juin 2024 | 00:17:14 | |
Mike Lee talks to Katherine Taunton about Wicked Vision Ltd v Rice [2024] EAT 29. When can a whistleblowing claimant claim that their dismissal was a detriment? They discuss the strategic implications of the EAT’s decision, and the potential for future debate about whether it is consistent with the Court of Appeal’s judgment in Osipov v Timis. | |||
| Employment Litigation in the Middle East | 28 mai 2024 | 00:20:49 | |
Amy Rogers KC talks to Tom Ogg about litigating in the Middle East. What principles and procedure apply to employment litigation in the Middle East?
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| Omar v Epping: Heat of the Moment | 23 avr. 2024 | 00:31:20 | |
Andrew Smith talks to Aileen McColgan KC about Omar v Epping Forest [2024] ICR 301. When will words used in the heat of the moment lead to an effective dismissal or resignation? This new judgment provides helpful guidance. | |||
| The Silks Episode | 25 mars 2024 | 00:20:08 | |
Our three new employment silks - Amy Rogers KC, Judy Stone KC and Simon Forshaw KC - speak to Ruth Kennedy about a case from their final year as junior barristers. They discuss team moves, post-employment restrictions, how solicitors can recover fees, and what they originally wanted to be when they grew up. | |||
| Miller: Direct Discrimination and Anti-Zionism | 28 févr. 2024 | 00:30:46 | |
Andrew Edge talks to Hannah Slarks about Miller v University of Bristol 1400780/2022, an important first instance decision on protected belief discrimination. To what extent is anti-Zionism a protected belief? Andrew and Hannah examine how Higgs and Forstater play out in practice. Does the law now mean that an employer can be guilty of direct discrimination when motivated by an employee’s objectionable manifestation of their belief – rather than the belief itself? | |||
| Jump Trading: Non-competes and Speedy Trials | 24 janv. 2024 | 00:34:18 | |
Rupert Paines talks to Katherine Taunton about Verition v Jump Trading [2023] EWCA Civ 701. How long is too long to keep an employee out of the market? Is a variable-length restrictive covenant permissible? And how does delay factor into injunction applications? | |||
| Deliveroo: Supreme Court on Worker Status and Article 11 | 12 déc. 2023 | 00:27:27 | |
Dan Stilitz KC talks to new tenant Lucy Jones about Independent Workers Union of Great Britain v Central Arbitration Committee and another [2023] UKSC 43. What is the latest from the Supreme Court on worker status? And, to what extent does Article 11 provide a right to compulsory collective bargaining? | |||
| Steel v Spencer Road: Bonus Clawback Provisions | 15 nov. 2023 | 00:20:23 | |
Mike Lee talks to Christian Davies about Steel v Spencer Road LLP (Omerta) [2023] EWHC 2492 (Ch). When will a bonus clawback provision be a restraint of trade? | |||
| Agnew: The Supreme Court on Holiday Pay | 18 oct. 2023 | 00:37:07 | |
Sean Jones KC talks to new tenant Aliya Al-Yassin about Chief Constable of Northern Ireland v Agnew [2023] UKSC 33, and somehow gives us a complete history of holiday pay in (almost) half an hour. When can an employee claim for a series of payments? | |||
| Clifford v Millicom: Privacy Orders | 21 sept. 2023 | 00:33:18 | |
Paddy Halliday talks to Leo Davidson about Clifford v Millicom [2023] EWCA Civ 50, a welcome Court of Appeal judgment containing a roadmap for Rule 50. What principles will the ET apply when deciding whether to grant a privacy order? | |||
| Boydell v NZP Ltd: The Court of Appeal on Covenants Again | 25 août 2023 | 00:20:17 | |
Judy Stone talks to Raphael Hogarth about Boydell v NZP Ltd [2023] EWCA Civ 373. When can a non-compete clause stop a departing employee from doing something that… doesn’t compete? | |||
| Higgs v Farmor: Manifestation of belief | 26 juil. 2023 | 00:24:52 | |
Hannah Slarks talks to Ben Mitchell about the important decision in Higgs v Farmor’s School [2023] EAT 89. How do the legal tests for belief discrimination work together? | |||
| Lycatel v Schneider: Concurrent Proceedings | 28 juin 2023 | 00:19:40 | |
Katherine Taunton talks to Michael White about Lycatel Services Ltd v Schneider [2023] EAT 81. How do you persuade a judge that your client’s case should be heard first in their preferred forum, whether that’s the ET or the High Court? | |||
| Higgs and Rolec: Bias on the Bench | 17 mai 2023 | 00:27:35 | |
Aileen McColgan KC talks to Daniel Isenberg about toxic debates, conflicting beliefs and opinionated judges in Higgs v Farmor’s School [2023] EAT 45 and Rolec Ltd v Georgiou [2023] EAT 46. When must a judge be recused to avoid the appearance of bias? | |||
| Benyatov v Credit Suisse: Implied Indemnities and Limits on Career Losses | 26 avr. 2023 | 00:27:56 | |
Richard Leiper KC talks to Katherine Eddy about Benyatov v Credit Suisse (Securities) Europe Ltd [2023] EWCA Civ 140. When an employee is wrongly convicted for acts done in the course of employment, is the employer liable for the financial losses that follow? | |||
| Kong v Gulf International Bank: The Whistleblowing “Separability Principle” | 16 mars 2023 | 00:19:52 | |
Jamie Susskind talks to Katherine Taunton about Kong v Gulf International Bank [2022] EWCA Civ 941. When an employer fires a whistleblower, the Tribunal has to decide why they were fired. How can the Tribunal separate the fact that the person blew the whistle from the way that they did it? | |||
| Planon v Gilligan: The Court of Appeal on Interim Relief for Non-competes | 15 févr. 2023 | 00:26:53 | |
Amy Rogers talks to Mike Lee about Planon v Gilligan [2022] EWCA Civ 642 [2022] I.R.L.R. 684. What can we learn from a rare Court of Appeal judgment on interim relief in the employee competition context? | |||
| Piepenbrock: Anonymity Orders - Private Lives and Public Lies | 18 janv. 2023 | 00:31:07 | |
Dan Stilitz KC talks to Oliver Jackson about anonymity orders in Piepenbrock v London School of Economic and Political Science [2022] EAT 119. When will the Tribunal make an anonymity order to protect details about someone’s private life?
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| Loreley: Hidden Identities and Litigation Privilege | 14 déc. 2022 | 00:16:15 | |
Judy Stone talks to Ruth Kennedy about litigation privilege in Loreley Financing v Credit Suisse Securities and others [2022] EWCA Civ 1484. Can client identities hide behind litigation privilege? www.11kbw.com/practice-areas/employment/
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| McClung and Mackereth: Football, Gender and Protected Beliefs | 16 nov. 2022 | 00:40:25 | |
Sean Jones KC talks to Andrew Smith about religion or belief discrimination in McClung v Doosan Babcock 4110538/2019 23 August 2022 and Mackereth v DWP [2022] EAT 99. What do these cases about football fandom and gender critical beliefs tell us about the Tribunal’s approach to protected beliefs? www.11kbw.com/practice-areas/employment/
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| Swiss Re: Threats, Offers and the WP Rule | 18 oct. 2022 | 00:27:05 | |
Andrew Edge talks to Hannah Slarks about his case, Swiss Re v Sommer [2022] IRLR 650. When will allegations of misconduct and costs warnings cross the line in WP correspondence? www.11kbw.com/practice-areas/employment/ On Twitter, we’re @11KBW and on LinkedIn, we’re 11KBW. | |||