Foxed? Practical insights into partnership & employment law: Recent Episodes
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Join the team from Fox & Partners for our new practical podcast series, based on scenarios from our day-to-day practice.
We are a City firm of specialist partnership and employment lawyers, with particular expertise in dispute resolution and litigation. Our clients include senior executives, as well as partners, members, partnerships and LLPs in the legal and financial services sectors, and corporate organisations.
The content of this podcast is not legal advice and is not intended to provide more than general commentary on the subject matter. Specialist employment or partnership law advice should always be sought about your specific circumstances.
In this episode, Shiv Raja and Maree Cassaidy discuss
- What it means to make reasonable adjustments in the workplace
- How an individual may fall within the definition of disability under the Equality Act 2010
- Example scenarios and how to tackle tricky issues
- How to approach mental health in this context
- The consequences of failing to make reasonable adjustments
They also share some top tips for employers in approaching these issues.
During this second podcast on the FCA’s proposals to improve diversity and inclusion in the financial services sector, Jackie Thomas and Shiv Raja discuss:
- how these proposals may inadvertently lead to positive discrimination in recruitment
- the difference between positive action and positive discrimination and how these issues could manifest using a practical example
- the regulator’s views on the interplay between the proposals and the Equality Act 2010
- broader strategies for tackling underrepresentation and the Equality Act’s general positive action provision
The first episode on the FCA consultation and its implications is still available here and on all the leading podcast platforms.
During this podcast, Jackie Thomas and Shiv Raja discuss:
- the background to the FCA’s consultation paper (‘CP23/20: Diversity and inclusion in the financial sector – working together to drive change’).
- the FCA’s main proposals.
- what the consultation says about non-financial misconduct.
- some practical examples with a view on the impact the proposed amendments to the FCA Handbook will have on individuals and firms.
- how firms operating in the financial sector can prepare for any changes.
In our latest podcast, our partner Ivor Adair is joined by Sara Ibrahim, a barrister from Gatehouse Chambers, who specialises in AI at work. In an invaluable introduction to a complex topic, they examine the legal and practical implications of Chat GPT in the workplace and consider what you need to do if you are in a leadership role to embrace this technology.
Among the topics covered are:
- An introduction to Generative Pre-trained (GPT) artificial intelligence
- An overview of how it might be used in a workplace including for research, productivity enhancement and upskilling
- A review of the possible risks including liability risks caused by the lack of human oversight, problems with (in)accuracy, breach of confidence, breach of contract, breach of UK GDPR or even professional duties
- The importance for employers of focus on employee impact and of taking advice on possible equality and diversity implications and whether a data impact assessment is appropriate
- Recommendations to leadership teams on how to get started, including scoping a proper understanding of the implications of the technology and the scale and complexity of the task they are looking to augment
With the Government currently considering introducing mandatory mediation, last month Shoshana Bacall caught up with special guest Mediator Rachael Bicknell, founder of Squaring Circles, to discuss mediation in the second of two podcasts on the topic.
Join Shoshana and Rachael in part 2 of this podcast when they talk about:
- Non-compliance with settlements reached in mediations
- Importance of mindset
- Timing of mediation
- Using mediation to resolve workplace conflict
- The importance of management competence in conflict resolution
With the Government currently considering introducing mandatory mediation, at the beginning of February Shoshana Bacall caught up with special guest Mediator Rachael Bicknell, founder of Squaring Circles, to discuss mediation in the first of two podcasts on the topic.
Join Shoshana and Rachael in this first podcast when they talk about:
- the cost of workplace disputes
- mediation as an alternative form of dispute resolution
- what mediation has to offer
- how best to prepare
- whether mediation is a sign of weakness.
Bullying and Executive Conflict: Leadership Pathways to Resilient Relationships – Part II
Our partner Ivor Adair and coach Graham Browning, former Magic Circle lawyer and a troubleshooter on people issues, are back in discussion in the second of our podcasts on the subject of bullying and executive conflict in the workplace.
In this episode, Ivor and Graham move on to discuss issues relating to bulling in a corporate environment versus in professional partnerships. They cover practical tips for leadership teams and techniques for resolving issues in a hybrid working environment.
Join our partner Ivor Adair and coach Graham Browning, former Magic Circle lawyer and a troubleshooter on people issues, for the first of two podcasts on the subject of bullying and executive conflict in the workplace.
In this first episode, their free-ranging discussion covers the dynamics of bullying, common themes and early warning signs, as well as policies and legal issues.
Join Catriona Watt and Shiv Raja for the second of two podcasts examining post termination non-compete clauses – a topic recently back on the radar as a result of Government consultation looking at their future. Many employers continue to regard these types of provision as an important part of business protection in certain situations, but they are also often seen as a restraint on individual employees’ freedom.
In this second episode, Catriona and Shiv talk about:
- the practical and legal options for employers if a breach or potential breach of a non-compete clause is discovered
- the pros and cons of taking different courses of action
- practical steps an employer can take to protect its business
- the issue of payment during a non-compete period
Join Catriona Watt and Shiv Raja for the first of two podcasts examining post termination non-compete clauses – a topic recently back on the radar as a result of Government consultation looking at their future. Many employers continue to regard these types of provision as an important part of business protection in certain situations, but they are also often seen as a restraint on individual employees’ freedom.
In this first podcast, Catriona and Shiv talk about:
- why employers choose to include non-compete clauses in contracts
- key considerations when thinking about incorporating a non-compete clause into employment terms
- dispelling the common myth that non-compete clauses are not enforceable
- warnings signs that an employee has or is about to breach their contractual restrictions
In our latest podcast our partner Dean Fuller and Associate Eleanor Diamond examine a lesser-known remedy that members of an LLP may consider when they have suffered loss due to actions of the majority, opening up the possibility for members to bring their claim using the firm’s funds. There are number of recent cases which are of particular importance when considering derivative actions in the LLP context and, in the light of these, Dean and Eleanor discuss:
- The potential for members to bring actions on behalf of the LLP against a wrongdoing majority
- What we can learn from recent case law in this area
- The advantages and potential pitfalls of bringing derivative actions
With reports of an abnormally high volume of resignations this year, many of those resigning will want to take a different career path, but that can be hard to do well. In this podcast our Ivor Adair and special guest Rachel Brushfield discuss the challenges of making a new start post-pandemic covering:
- How to make a good new career choice;
- Planning for the transition;
- Tools you need to drive your plan forward;
- Top tips for executive transitions.
There has been a significant mental health decline amongst the work leaders since the pandemic. Our Catriona Watt and guest speaker Nikki Swan discuss Senior Executive and Partner Well-being post-pandemic covering:
- the impact of working through the pandemic on senior leadership mental health
- fundamental principles to ensure and implement a culture of wellbeing
- takeaways for senior individuals and firms interested in well-being at work
With the rise in social media use and leadership teams placing increasing importance on reputation, our Ivor Adair and Claire Plumb provide practical guidance for employers including:
- What to do when employees post undesirable comments on social media;
- What a good social media policy should cover;
- The benefits of guidelines and training for social media use;
- How employers can protect their confidential information;
- Considerations for monitoring online activity.
To mark World Whistleblowers' Day, our Caroline Field and Remziye Ozcan discuss why a focus on prevention of whistleblowing claims is often better for all parties than a successful outcome at trial, including:
- Creating a culture of “speaking up”, and the importance of setting the tone from the top
- What can a good policy do
- Common pitfalls when disclosures are made in practice
- Industry specific requirements
- Predictions for the future
At a time of high mobility within the professional services market, this month’s episode, featuring Dean Fuller and Eleanor Diamond, looks at how partners leaving one firm to join another can best manage their transition, including:
- The importance of financial due diligence
- Considerations of liability
- Future exit provisions
- Issues relating to restrictive covenants and team moves
- Alignment on attitude to risk and cultural fit
In this special guest episode, featuring David Reade QC from Littleton Chambers and Ivor Adair, we look at the unanticipated implications of the recent Uber judgment on the employment status of partners. What new risks does the judgment present for partnerships and LLPs and what can firms do to protect themselves? Why is this potentially significant? What should current and prospective partners, particularly junior equity and fixed share partners be aware of?
At a time when economic turbulence is leading to increased team move activity, Fox & Partners’ Ivor Adair and Shiv Raja look at the challenges facing employers investigating suspicions of a team move, particularly in a home-working environment. How can you spot the early signs of a team move, and how can IT help? What practical steps can you take and what are the pitfalls to avoid?
A quick heads up on our new podcast exploring legal issues around partnerships and employment law.