11KBW Employment Podcast

Ruth Kennedy and Tom Ogg discuss Gagliardi v Evolution Capital Management LLC [2025] EWHC 3214 (Comm), a case on discretionary bonuses . They deal with how to fight these types of cases, what to focus on and when the law applicable to the dispute can make a difference.

Rita Dias talks to Paddy Halliday about a case with a very long name, Rogerson v Erhard-Jensen Ontological / Phenomenological Initiative. What is judicial proceedings immunity? What risks do employers face when countersuing current or former employees?

Jamie Susskind and Ishaani Shrivastava discuss the blockbuster employment competition case of Guy Carpenter v Willis Re [2026] EWHC 361 (KB). What does the latest High Court decision tell us about strategy and tactics in team move litigation?

In this extended special edition episode, Dan Stilitz KC and Katherine Taunton explore the difficult recent case law on single sex spaces in the workplace: Kelly v Leonardo UK Ltd; Peggie v Fife Health Board and Upton; Hutchinson & others v County Durham and Darlington NHS Foundation Trust; and R. (on the application of Good Law Project Ltd) v Equality and Human Rights Commission [2026] EWHC 2...

Christopher Jeans KC regales Sean Jones KC with tales of employment law across the decades, in a special episode to celebrate the publication of the 40th edition of the Tolley’s Employment Handbook. How have things changed in the ET since 1978?

Peter Lockley and Michael White discuss recent developments in anonymity in DBP v Scottish Ambulance Service [2025] EAT 147. Can anonymity be granted even after there has been a full open hearing? Are ETs and the EAT giving applicants for anonymity an easier ride than they used to? 

Seán Jones KC and Oliver Mills discuss the Rice v Wicked Vision Ltd [2025] EWCA Civ 1466. When can a whistleblowing claimant claim their dismissal was a detriment? Now the Court of Appeal has its say in this blockbuster whistleblowing case. Will this end up in the Supreme Court, and what will the Justices make of it? 

Judy Stone KC and new tenant Jack Steele discuss strike outs for abuse of process in Szucs v GreenSquareAccord Ltd [2025] EAT 110. What does it take to strike out a claim as an abuse? When does the rule in Henderson v Henderson apply? How should employment lawyers navigate abuse arguments in practice? Host: Jack Steele Guest: Judy Stone KC www.11kbw.com/practice-areas/employment/ www.linkedin.com/...

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 www.11kbw.com/practice-areas/employment/ www.linkedin.com/company/11kbw

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: A...

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 www.11kbw.com/practice-areas/e...

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...

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 www.11...

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 www.11kbw.com/practice-areas/...

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 www.11kbw.com/practice-areas/employment/ www.linkedin.com/company/11kbw

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 www.11kbw.com/practice-areas/employment/ www.linkedin.com/company/11kbw

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 sh...

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: Jose...

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 www.11kbw.com/practice-areas/employment/ www.linkedin.com/company/11kbw

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 www.11kbw.com/practice-areas/empl...

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 www.11kbw.com/practice-areas/employment/ www.linkedin.com/company/11kbw

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 www.11kbw.com...

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 www.11kbw.com/practice-areas/employment/ www.linkedin.com/company/11kbw

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 www.11kbw.com/practice-areas/employment/ www.linkedin.com/company/11kbw