11KBW Employment Podcast

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

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.