11KBW Employment Podcast

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 Guest: Andrew Edgewww.11kbw.com/practice-areas/employment/www.linkedin.com/company/11kbw

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 MillsGuest: Ruth Kennedy www.11kbw.com/practice-areas/employment/www.linkedin.com/company/11kbw

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.Host: Lucy JonesGuest: Rupert Paineswww.11kbw.com/practice-areas/employment/www.linkedin.com/company/11kbw

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.