11KBW Employment Podcast: Recent Episodes
11KBW Employment Team
Dan Stilitz KC talks to new tenant Ishaani Shrivastava about the approach to time limits in Melki v Bouygues [2025] EWCA Civ 585. When will an error when filing an appeal in the EAT cause the appeal to be out of time?
Host: Ishaani Shrivastava
Guest: Daniel Stilitz KC
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Daniel Isenberg and Samuel Willis discuss international jurisdiction in the ET post-Brexit in Pråhl v Lapsinki [2025] EAT 77. When will territorial jurisdiction confer international jurisdiction? Is it necessary to apply to the High Court before serving ET claims outside the jurisdiction? And what is the continuing relevance of EU law in this area after Brexit?
Andrew Edge talks to Leo Davidson about Ayinde v LB Haringey [2025] EWHC 1383 (Admin), in which the President of the King’s Bench Division and Mr Justice Johnson considered whether to initiate contempt of court proceedings against lawyers after the citation of fake cases generated by AI. A cautionary tale for lawyers, as well as those instructing and supervising them.
Host: Leo Davidson
Guest: Andrew Edge
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Mike Lee talks to Katherine Taunton about Fasano v Reckitt Benckiser Group Plc [2025] EWCA Civ 592, in which the Court of Appeal shines a light on the principles governing the liability of group companies as agents under the Equality Act. When and how will a group company be liable for the acts of another company in the group?
Host: Katherine Taunton
Guest: Mike Lee
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Oliver Jackson talks to Aliya Al-Yassin about Sullivan v Isle of Wight Council [2025] EWCA Civ 379, the Court of Appeal’s important decision that, outside of the NHS, external job applicants cannot bring whistleblowing claims. Why can’t external job applicants bring whistleblowing claims? Is being a job applicant a ‘status’ for the purposes of Article 14 of the ECHR? What counts as a detriment in the whistleblowing legislation?
Host: Aliya Al-Yassin
Guest: Oliver Jackson
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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 Edge
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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 Mills
Guest: Ruth Kennedy
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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 Jones
Guest: Rupert Paines
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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 Dias
Guest: Jamie Susskind
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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 White
Guest: Tom Ogg
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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 Lavery
Guest: Judy Stone KC
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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-Yassin
Guest: Sean Jones KC
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This month Daniel Isenberg talks to Oliver Mills about Bailey v Stonewall Equality Ltd [2024] EAT 119. When will a third party be liable for instructing, inducing or causing someone else’s act of discrimination? They discuss this important new judgment from Mr Justice Bourne on the application of s.111 Equality Act 2010.
Host: Oliver Milla
Guest: Daniel Isenberg
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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 Halliday
Guest: Richard Leiper KC
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Mike Lee talks to Katherine Taunton about Wicked Vision Ltd v Rice [2024] EAT 29. When can a whistleblowing claimant claim that their dismissal was a detriment? They discuss the strategic implications of the EAT’s decision, and the potential for future debate about whether it is consistent with the Court of Appeal’s judgment in Osipov v Timis.
Host: Katherine Taunton
Guest: Mike Lee
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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 Ogg
Guest: Amy Rogers KC
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Andrew Smith talks to Aileen McColgan KC about Omar v Epping Forest [2024] ICR 301. When will words used in the heat of the moment lead to an effective dismissal or resignation? This new judgment provides helpful guidance.
Host: Aileen McColgan KC
Guest: Andrew Smith
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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 KC
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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 Slarks
Guest: Andrew Edge
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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 Taunton
Guest: Rupert Paines
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Dan Stilitz KC talks to new tenant Lucy Jones about Independent Workers Union of Great Britain v Central Arbitration Committee and another [2023] UKSC 43.What is the latest from the Supreme Court on worker status? And, to what extent does Article 11 provide a right to compulsory collective bargaining?
Host: Lucy Jones
Guest: Daniel Stilitz KC
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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 Davies
Guest: Mike Lee
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Sean Jones KC talks to new tenant Aliya Al-Yassin about Chief Constable of Northern Ireland v Agnew [2023] UKSC 33, and somehow gives us a complete history of holiday pay in (almost) half an hour.When can an employee claim for a series of payments?
Host: Aliya Al-Yassin
Guest: Sean Jones KC
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Paddy Halliday talks to Leo Davidson about Clifford v Millicom [2023] EWCA Civ 50, a welcome Court of Appeal judgment containing a roadmap for Rule 50. What principles will the ET apply when deciding whether to grant a privacy order?
Host: Leo Davidson
Guest: Paddy Halliday
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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 Hogarth
Guest: Judy Stone
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Hannah Slarks talks to Ben Mitchell about the important decision in Higgs v Farmor’s School [2023] EAT 89. How do the legal tests for belief discrimination work together?
Host: Ben Mitchell
Guest: Hannah Slarks
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Katherine Taunton talks to Michael White about Lycatel Services Ltd v Schneider [2023] EAT 8.How do you persuade a judge that your client’s case should be heard first in their preferred forum, whether that’s the ET or the High Court?
Host: Michael White
Guest: Katherine Taunton
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Aileen McColgan KC talks to Daniel Isenberg about toxic debates, conflicting beliefs and opinionated judges in Higgs v Farmor’s School [2023] EAT 45 and Rolec Ltd v Georgiou [2023] EAT 46. When must a judge be recused to avoid the appearance of bias?
Host: Daniel Isenberg
Guest: Aileen McColgan KC
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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 Eddy
Guest: Richard Leiper
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Jamie Susskind talks to Katherine Taunton about Kong v Gulf International Bank [2022] EWCA Civ 941. When an employer fires a whistleblower, the Tribunal has to decide why they were fired. How can the Tribunal separate the fact that the person blew the whistle from the way that they did it?
Host: Katherine Taunton
Guest: Jamie Susskind
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Amy Rogers talks to Mike Lee about Planon v Gilligan [2022] EWCA Civ 642 [2022] I.R.L.R. 684. What can we learn from a rare Court of Appeal judgment on interim relief in the employee competition context?
Host: Mike Lee
Guest: Amy Rogers
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Dan Stilitz KC talks to Oliver Jackson about anonymity orders in Piepenbrock v London School of Economic and Political Science [2022] EAT 119. When will the Tribunal make an anonymity order to protect details about someone’s private life?
Host: Oliver Jackson
Guest: Dan Stilitz KC
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Judy Stone talks to Ruth Kennedy about litigation privilege in Loreley Financing v Credit Suisse Securities and others [2022] EWCA Civ 1484. Can client identities hide behind litigation privilege?
Host: Ruth Kennedy
Guest: Judy Stone
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Andrew Smith talks to Sean Jones KC about religion or belief discrimination in McClung v Doosan Babcock 4110538/2019 23 August 2022 and Mackereth v DWP [2022] EAT 99. What do these cases about football fandom and gender critical beliefs tell us about the Tribunal’s approach to protected beliefs?
Host: Andrew Smith
Guest: Sean Jones KC
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Andrew Edge talks to Hannah Slarks about his case, Swiss Re v Sommer [2022] IRLR 650. When will allegations of misconduct and costs warnings cross the line in WP correspondence?
Host: Hannah Slarks
Guest: Andrew Edge
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