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.

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.

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.

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.

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.

Restrictive covenants in the recruitment industry

25 August 2020

Restrictive covenants, also known as post-termination restraints (“PTRs”), are widely used throughout the recruitment industry to protect businesses from the impact of employees leaving to set up or join a competing business.

Coronavirus the impact on post-termination restrictions

12 August 2020

As the Coronavirus lockdown slowly lifts, we’ve seen an increase in employee resignations as well as competitor recruitment activity. Will your post-termination restrictions stand up to the new challenges?

Employee competition in the time of remote working

16 July 2020

For many employers recent priorities have focussed on the practicalities of transitioning their workforce to homeworking, taking advantage of the government’s furlough scheme, and making cost savings. Another important consideration is the need to protect businesses from unlawful employee competition during and in the period following the lockdown. We have seen a significant increase in this activity in recent weeks and this article sets out practical steps for employers to follow.

Employee Restrictive Covenants

29 April 2020

For most employers, protecting their businesses against competitive threats is a vital concern. The departure of a key employee to join a competitor, or to set up a rival business of their own, can have extremely damaging consequences. The employer may lose clients, prospects, or other staff, and their valuable confidential information and strategic plans may be put at risk.

Important new case on disclosure, but has anyone noticed?

28 April 2020

Given the dominance of the coronavirus over all aspects of life, including the law, it would be easy to miss the appearance of a new case about one of the basics of litigation.

Legal Professional Privilege Update

21 April 2020

This guide is intended to provide a brief overview of legal professional privilege. It identifies some practical steps which will help to maintain privilege and concludes with a privilege “flowchart” and table of commonly used terms.

Dispute Resolution Update - January 2020

16 January 2020

Welcome to our January 2020 Dispute Resolution Update. We’ve included articles on a range of disputes, including summaries of recent cases and guides on key aspects of dispute resolution. With an increasingly globalised and fast changing environment, disputes are an inevitable part of business. Not only can we help resolve disputes once they arise, we also work with our clients to reduce the risk of litigation. If you have any feedback, comments or queries let us know by contacting Rachel Rooksby.

Restrictive covenants and team moves: three key employee competition cases in 2019

08 January 2020

A significant threat to any business is the risk of employees leaving to set up in competition and misusing confidential information or trade secrets in doing so. We look back at three of the most significant employee competition decisions of 2019 in this constantly evolving area of law.

Vegans protected by the Equality Act - what does it mean for employers?

07 January 2020

Ethical veganism can be a philosophical belief that is protected under the Equality Act, according to an Employment Tribunal (“ET”) in the widely-reported case brought by Jordi Casamitjana. But what does this actually mean in practice for employers?