Insights & News

Partner, David Samuels comments on BBC news article: New CBI boss starts job as crisis continues

27 April 2023

David Samuels, an employment partner at law firm Lewis Silkin, said: "[New CBI boss, Rain Newton-Smith] has a big task on her hands because the CBI clearly has a lot of cultural change to be put in place and they need to regain the confidence of the public and their members."

When can a termination discussion be without prejudice?

15 December 2022

For a discussion to be “without prejudice” there must be an existing dispute between the parties. A recent EAT case helpfully clarified when a grievance will count as a dispute for these purposes.

Toni Lorenzo and Alistair Hayes provide practical observations on the High Court's decision in Nissan Motor’s case for the Solicitors Journal

01 April 2022

Background: Ravinder Passi was previously employed as Nissan’s Global General Counsel based in Japan. His employment was terminated in November 2020. Mr Passi brought two Employment Tribunal claims, including allegations of whistleblowing, detriment and victimisation (one during – and one following the end of – his employment). On providing his disclosure in connection with these claims, Nissan realised Mr Passi had removed and retained hundreds of highly confidential and privileged documents.

A requirement to offer or accept a minimum amount of work is not a prerequisite of worker status, says the Court of Appeal

10 March 2022

In this latest employment status case, the Court of Appeal considered if an individual can be a worker without there being any commitment to offer or accept a minimum amount of work. The Court concluded that such a commitment is not a requirement of worker status and that a panel committee member was, therefore, a worker entitled to paid holidays.

High Court grants injunction to restrain employer’s ‘fire and rehire’ exercise

18 February 2022

The High Court has granted an injunction preventing Tesco from “firing and rehiring” employees in order to remove a contractual entitlement to enhanced pay. While the facts of this case were unusual and it is unlikely to lead to a flood of similar cases, with the practice of “fire and rehire” coming under increasing scrutiny, we consider the implications for employers.

High Court orders ex-employee to return confidential documents kept for taking legal advice

16 February 2022

The High Court has issued an injunction against the former Global General Counsel of Nissan, ordering him to return the confidential documents he kept after his employment ended. It did not matter whether the documents were kept for the purposes of taking legal advice.

Lewis Silkin secures injunction against former Nissan GC with High Court ruling confidential documents were retained in breach of contract

Press Release

10 February 2022

Judge Andrew Keyser (High Court Chancery Division) has ruled that the former global general counsel of Nissan (Ravinder Passi) must return or destroy confidential documents owned by the automotive giant.

Jurisdiction Challenges

Inbrief

28 October 2021

Where a claim is litigated can be very important. This inbrief provides you with a guide on how to challenge the jurisdiction of the English courts if a claim is started here. We also highlight the steps that can be taken in England if a claim is commenced elsewhere, even though you believe it should be litigated or arbitrated in England.

Enforcing arbitral awards in England & Wales

Inbrief

28 October 2021

Where a party has obtained a favourable arbitration award in a jurisdiction other than England and Wales and the respondent to those arbitration proceedings has assets in this jurisdiction, the successful party may wish to enforce the arbitration award here. This guide will consider the steps that the successful party must take in order to be able to do so.

Employment Appeal Tribunal confirms narrow scope of “special circumstances” defence for not consulting on collective redundancies

28 October 2021

In a case arising from the sudden collapse of the construction company Carillion, the Employment Appeal Tribunal (EAT) has confirmed the narrow scope of the “special circumstances” defence that may be available if an employer has failed properly to consult on collective redundancies. Special circumstances must involve something “out of the ordinary” or “uncommon”, and a gradual financial decline leading to insolvency is unlikely to meet this test.

“A net from which there is no escape”: takeaways from recent cases on dishonesty and conspiracy

11 October 2021

The case of Lakatamia Shipping Co Limited v Nobu Su is one of a number of recent judgments to grapple with questions of honesty and credibility.

My supplier claims we made a deal over the phone but I disagree. Who’s right? Fraser McKeating writes for The Times

Press

09 August 2021

One of my suppliers says we reached a deal but I don’t think we did. It was all done over the phone so I don’t have paper records. What can I do?

Court of Appeal rejects challenge to Deliveroo riders’ self-employed status

24 June 2021

The Court of Appeal has unanimously and emphatically rejected an appeal, based on novel human rights arguments, that Deliveroo riders were “workers” for the purposes of the UK’s trade union recognition legislation.

Lewis Silkin successful in Deliveroo Court of Appeal rider status challenge

Press Release

24 June 2021

By a unanimous 3-0 verdict, the Court of Appeal has upheld the High Court’s dismissal of a judicial review of a finding by the Central Arbitration Committee that Deliveroo riders are not “workers”. The Court ruled that the riders are not in an “employment relationship” for the purposes of European law.

Employee competition: top tips for start-up businesses

21 May 2021

In this article, we set out our key recommendations for protecting your start-up business against employee competition, from managing the risks arising when you recruit new employees to putting in place the right contracts and responding to competitive threats.

How to respond if an employee is side hustling for a customer: Carla Feakins writes for The Times

Press

20 May 2021

Carla Feakins explains how to police employee side-hustles on the Times Enterprise Network.

Protecting your business

Inbrief

20 February 2021

Protecting your business from competitive threats is vital. Losing a team or a key employee to a competitor can be extremely damaging. You may lose clients, prospects, and other staff. Your valuable confidential information may be put at risk.

Reforming non-compete clauses: radical change ahead? David Samuels, Mike Anderson and Toni Lorenzo comment for PLC Magazine

Press

29 January 2021

As part of the government’s intention to support businesses in recovering from the economic effects of the COVID-19 pandemic, the Department for Business, Energy & Industrial Strategy (BEIS) is consulting on reforming the law on post-termination non-compete clauses in employment contracts. David Samuels, Mike Anderson, and Toni Lorenzo share their insights in this article for PLC Magazine.

Government consultation underway on reform of non-compete clauses

10 December 2020

The government recently launched a consultation on reforming the law concerning post-termination non-compete clauses in employment contracts. Its proposals include making such terms enforceable only if the employer pays the individual for the period of restriction, or, alternatively, prohibiting the use of such clauses altogether.

Recruiters legal obligations when workers switch occupations Carla Feakins writes

Press

18 September 2020

Covid-19 has driven rapid changes in the jobs market, with some roles now in extremely high demand while others are almost disappearing. Recently published data from the Office for National Statistics (ONS) highlights that between January and June 2020 more workers changed occupation than during the same period last year, with over half simultaneously moving into a different major industry.