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?Host: Rita DiasGuest: Jamie Susskindwww.11kbw.com/practice-areas/employment/www.linkedin.com/company/11kbw

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?Host: Michael WhiteGuest: Tom Oggwww.11kbw.com/practice-areas/employment/www.linkedin.com/company/11kbw

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.  Host: Joseph LaveryGuest: Judy Stone KCwww.11kbw.com/practice-areas/employment/www.linkedin.com/company/11kbw

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.Host: Aliya Al-YassinGuest: Sean Jones KCwww.11kbw.com/practice-areas/employment/www.linkedin.com/company/11kbw

Daniel Isenberg, an expert in employment discrimination law, engages in a thought-provoking discussion with Oliver Mills about the Bailey v Stonewall Equality case. They delve into when a third party can be held liable for discrimination and the challenges of balancing personal beliefs with professional standards. The conversation highlights the intricacies of proving discrimination claims under the Equality Act, exploring advocacy's role versus inducement from Stonewall, and the significant implications for future legal interpretations.

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?Host: Paddy HallidayGuest: Richard Leiper KCwww.11kbw.com/practice-areas/employment/www.linkedin.com/company/11kbw

Mike Lee, an expert in employment law, discusses pivotal legal concepts surrounding whistleblowing and detriment claims. He explores the Wicked Vision Ltd v Rice case, elaborating on when a whistleblower can claim detriment due to dismissal. The conversation highlights the nuances of Sections 47B and 103A of the Employment Rights Act and debates the implications of the Court of Appeal's Osipov case. Listeners gain insights into legal strategies for addressing vicarious liability and significant detriment in whistleblowing claims.

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?Host: Tom OggGuest: Amy Rogers KCwww.11kbw.com/practice-areas/employment/www.linkedin.com/company/11kbw

Andrew Smith, a leading expert in employment law, joins Aileen McColgan KC to unravel the implications of the significant Omar v Epping Forest judgment. They discuss the fine line between resignation and dismissal, especially in the heat of emotional exchanges. The complexities of resignations made under duress and the challenges of intent versus perception are explored. Smith sheds light on how these legal nuances can impact both employees and employers, emphasizing the importance of context in determining true intent.

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.Host: Ruth Kennedy, Guests: Amy Rogers KC, Judy Stone KC and Simon Forshaw KCwww.11kbw.com/practice-areas/employment/www.linkedin.com/company/11kbw