11KBW Employment Podcast

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.

Hannah Slarks, an expert in employment law, delves into the significant legal decision of Higgs v Farmor’s School. She explains the interplay between belief discrimination tests and human rights law. The conversation explores direct and indirect discrimination nuances in the workplace, especially concerning gender-critical beliefs. They examine the complexities of Article 9 and highlight recent tribunal cases, advocating for clearer legal guidance. Hannah also shares insights on how the Equality Act continues to shape discrimination interpretations, emphasizing the importance of structured legal analysis.

In this podcast, legal expert Katherine Taunton discusses the case of Lycatel v Schneider and the challenges of determining the preferred forum for a client's case. The limitations of litigating high-value contract claims in the ET are explored, along with the advantages and disadvantages of the High Court versus the Employment Tribunal. Strategic considerations for employees in employment tribunal claims are also highlighted.

Aileen McColgan KC discusses toxic debates and biased judges in two employment law cases. The podcast explores recusal to avoid bias, challenges of alleging bias, and trade union involvement in employee rights cases. They also delve into the concept of bias and apparent bias in the Administrative Tribunal, discuss the implications of judges using social media, and explore the distinction between apparent bias and actual bias cases in the judicial system.

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? Host: Katherine EddyGuest: Richard Leiperwww.11kbw.com/practice-areas/employment/www.linkedin.com/company/11kbwOn Twitter, we’re @11KBW and on LinkedIn, we’re 11KBW.