11KBW Employment Podcast

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

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?Host: Hannah SlarksGuest: Andrew Edgewww.11kbw.com/practice-areas/employment/www.linkedin.com/company/11kbw

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?Host: Katherine TauntonGuest: Rupert Paineswww.11kbw.com/practice-areas/employment/www.linkedin.com/company/11kbw

Daniel Stilitz KC, a leading legal expert, delves into pivotal Supreme Court rulings on worker status affecting Deliveroo and other gig economy players. He explores the complexities of classifying employees versus 'LIMB' workers, shedding light on the implications for trade unions. The discussion also tackles the significance of Article 11 in relation to collective bargaining rights and the ongoing challenges faced by unions in the UK. With insights into flexibility in delivery work and historical legal frameworks, this conversation highlights the evolving landscape of worker rights.

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?Host: Christian DaviesGuest: Mike Leewww.11kbw.com/practice-areas/employment/www.linkedin.com/company/11kbw

In this engaging discussion, Sean Jones KC, an expert in employment law, dives into the landmark Supreme Court case Chief Constable of Northern Ireland v Agnew. He shares a historical timeline of holiday pay laws, tracing developments from 1938 to the present. Topics include the challenges of calculating holiday pay, the inclusion of overtime, and the legal interpretations impacting employees' rights. With a mix of humor and insight, Sean navigates the complexities of payoff deductions and current struggles in the workplace, making legal jargon accessible.

Paddy Halliday discusses the Court of Appeal judgment in Clifford v Millicom [2023] EWCA Civ 50 and the principles for granting privacy orders. Topics include the significance of the case in clarifying the law on privacy orders in Employment Tribunal proceedings, the importance of balancing privacy rights and open justice, and the procedures and evidence required for privacy claims.

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?Host: Raphael HogarthGuest: Judy Stonewww.11kbw.com/practice-areas/employment/www.linkedin.com/company/11kbwOn Twitter, we’re @11KBW and on LinkedIn, we’re 11KBW.