UK Employment Law - The View from Mayer Brown

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A fortnightly Employment Law podcast placing a spotlight on recent cases and keeping you up to date with the very latest changes in the law. CPD available. This podcast is an overview of the cases and law. How the law will apply in any particular case will depend on the individual circumstances. Li…

Mayer Brown


    • Mar 28, 2023 LATEST EPISODE
    • infrequent NEW EPISODES
    • 18m AVG DURATION
    • 270 EPISODES


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    Latest episodes from UK Employment Law - The View from Mayer Brown

    Diversity, Equity and Inclusion – A Legal Perspective

    Play Episode Listen Later Mar 28, 2023 34:49


    In this episode, host Louise Fernandes-Owen, Global Professional Support Lawyer, interviews partners from the Employment & Benefits Group, Christopher Fisher and Miriam Bruce, about what 2023 may have in store for employers specifically in relation to diversity, equity and inclusion (DEI) – with a focus on the UK landscape. They discuss four DEI areas that were particularly prominent during 2022 and will remain issues for employers to consider over the coming year: pay gap reporting, positive action, workplace investigations and culture reviews, and artificial intelligence.

    OPEN Talks: QBE, DNA & DEI – A Strategic Approach

    Play Episode Listen Later Feb 22, 2023 24:01


    In this episode, host Chris Fisher interviews Nikki Lees, People Director, Inclusion & Wellbeing at QBE, about QBE's strategy and approach to diversity, inclusion and wellbeing.  This episode is intended to contribute to the continuing discussions around diversity, equity and inclusion (DEI) and will be of interest to HR and DEI professionals and in house counsel.

    Claiming legal privilege over a grievance investigation report

    Play Episode Listen Later Oct 6, 2022 9:25


    In this episode of the Mayer Brown employment podcast, head of the London Employment Group, Chris Fisher, looks at a case where a client was unable to claim legal privilege over the original version of an investigation report, despite having sent it to their external lawyers for advice before it was issued to the employee: the case of University of Dundee v. Chakraborty.  

    OPEN Talks - Diversity & Inclusion at Mayer Brown and in the Legal Sector

    Play Episode Listen Later Jul 8, 2022 14:48


    In our special DE&I podcast series, OPEN Talks, we deal with topics in the area of Diversity, Equity & Inclusion (DE&I). Each episode will focus on a particular DE&I initiative or issue. In this episode, host Miriam Bruce interviews Danielle White, Mayer Brown's Diversity & Inclusion Manager for Europe, who talks about driving forward Diversity & Inclusion at Mayer Brown and in the legal sector more broadly. Automatically generated closed captions are available on YouTube.

    Enforcing Non-compete Clauses: the Importance of Delay and the Balance of Convenience

    Play Episode Listen Later Jun 6, 2022 11:57


    In this episode, Chris Fisher looks at the recent Court of Appeal decision in Planon v Gilligan where the employer was refused an injunction to enforce a non compete clause because of the loss of income that the employee would have suffered and the two month delay before the employer issued its proceedings. 

    Special DE&I Podcast - Equal Pay Settlement for US Women's National Soccer Team

    Play Episode Listen Later May 3, 2022 17:40


    In our special DE&I podcast series we deal with topics in the area of Diversity, Equity & Inclusion (DE&I). Each episode will focus on a particular DE&I initiative or issue. In this episode, host Chris Fisher interviews Mayer Brown partners Nicole Saharsky and Marcia Goodman who represented the US women's national soccer team in their recent landmark equal pay claim.

    Enforcing a 12 month non-compete, resignations turning into dismissals and agency workers' rights to vacant roles

    Play Episode Listen Later Apr 4, 2022 17:14


    In this episode, Chris Fisher and Miriam Bruce look at three recent cases, on whether a 12 month non-compete covenant could be enforced against a solicitor, when a resignation might become a dismissal if the employer exercises a payment in lieu clause and whether agency workers have the right to apply for vacant roles in the client organisation.

    Special Global Podcast Part 3: The Evolution of Work: Managing the Challenges from a Global Perspective

    Play Episode Listen Later Nov 22, 2021 10:30


    In this podcast episode, we explore the impact of the post-Covid workforce and the challenges facing employers in multiple jurisdictions. We consider the employment and mobility issues arising in the UK, France, Germany, Hong Kong, US and Brazil. The episode is divided into three parts: Part 3 focuses on the future of work. Please note this episode was recorded on November 15, 2021. Given the fast-moving nature of the topics covered, please check our ongoing commentary for the latest developments/regulations in all jurisdictions. For example, in Germany, strict Workplace Access rules were implemented as of November 24, 2021.

    Special Global Podcast Part 2: The Evolution of Work: Managing the Challenges from a Global Perspective

    Play Episode Listen Later Nov 22, 2021 24:22


    In this podcast episode, we explore the impact of the post-Covid workforce and the challenges facing employers in multiple jurisdictions. We consider the employment and mobility issues arising in the UK, France, Germany, Hong Kong, US and Brazil. The episode is divided into three parts: Part 2 focuses on remote and hybrid working. Please note this episode was recorded on November 15, 2021. Given the fast-moving nature of the topics covered, please check our ongoing commentary for the latest developments/regulations in all jurisdictions. For example, in Germany, strict Workplace Access rules were implemented as of November 24, 2021.

    Special Global Podcast Part 1: The Evolution of Work: Managing the Challenges from a Global Perspective

    Play Episode Listen Later Nov 22, 2021 23:22


    In this podcast episode, we explore the impact of the post-Covid workforce and the challenges facing employers in multiple jurisdictions. We consider the employment and mobility issues arising in the UK, France, Germany, Hong Kong, US and Brazil. The episode is divided into three parts: Part 1 focuses on vaccinations and the workforce. Please note this episode was recorded on November 15, 2021. Given the fast-moving nature of the topics covered, please check our ongoing commentary for the latest developments/regulations in all jurisdictions. For example, in Germany, strict Workplace Access rules were implemented as of November 24, 2021.

    Do employers have to offer a right of appeal on redundancy?

    Play Episode Listen Later Sep 24, 2021


    In this episode, Chris Fisher looks at the Court of Appeal case of Gwynedd Council v Barratt and the question of whether (or when) an employer should offer a right of appeal on a redundancy dismissal in order to avoid a claim of unfair dismissal.

    Whistle-blower manipulation – limiting the Jhuti principle?

    Play Episode Listen Later Sep 22, 2021


    In this episode, Chris Fisher looks at the recent EAT case of Kong v Gulf International Bank, where a whistleblower claimed that their dismissal was unfair because it had been manipulated by a manager who was not involved in the dismissal process.

    Episode 208 – A View from Mayer Brown - Discrimination Update – interim relief and gender critical beliefs

    Play Episode Listen Later Jul 16, 2021


    In this episode, Chris Fisher looks at two recent discrimination cases dealing with two important issues – will interim relief remedies be introduced for discrimination claims and will gender-critical beliefs be protected as philosophical beliefs.

    Episode 207 – A View from Mayer Brown - Friction, upset, fire and re-hire: Return to work red flags for employers

    Play Episode Listen Later Jun 7, 2021


    In this episode, Chris Fisher looks at two cases relevant to employers looking to bring employees back to work. The first is Sinclair v Trackwork, regarding an employee dismissed because of ‘upset and friction' caused by the way in which he was carrying out his health and safety responsibilities and whether that dismissal was automatically unfair because of the special protections around health and safety dismissals in the Employment Rights Act. And the second is Khatun v Winn Solicitors, a ‘fire and re-hire' case about when an employer can fairly dismiss an employee who refuses to agree Covid-related changes to their employment contract.

    Episode 206 – A View from Mayer Brown - Returning to work from lockdown - two recent cases

    Play Episode Listen Later May 10, 2021


    In this episode of the podcast, Chris looks at an unfair dismissal case about an employee who refused to return to work due to Covid-related safety concerns, and a case about mandatory vaccination policies and whether they can amount to a breach of human rights.

    Episode 205 – A View from Mayer Brown - Splitting employment contracts on a TUPE transfer and disciplinary action against an employee for refusing to wear a face mask

    Play Episode Listen Later Mar 17, 2021


    In this episode, Chris Fisher and Miriam Bruce look at the recent cases of McTear v Amey on when an employee’s contract can be split in two on a TUPE transfer and Kubilius v Kent Foods, the first Tribunal decision regarding an employee’s refusal to wear a face mask.

    Episode 204 – A View from Mayer Brown - Disclosure of employee phones in litigation and covert surveillance by employees in the workplace

    Play Episode Listen Later Mar 1, 2021


    In this episode, Chris Fisher and Miriam Bruce look at the Phones 4U v EE and Northbay v Anderson cases which consider the disclosure of employees’ personal phones in litigation and when covert surveillance by an employee in the workplace will amount to grounds for dismissal.

    Episode 203 – A View from Mayer Brown - Discrimination claims: when is a ‘protected act’ protected and how often should employers conduct harassment training

    Play Episode Listen Later Feb 15, 2021


    In this episode, Chris looks at two discrimination decisions from the EAT: Chalmers v Airpoint on when a complaint about discrimination will amount to a protected act for victimisation purposes, and Allay (UK) v Gehlen which looks at how often an employer should run bullying and harassment training.

    Episode 202 – A View from Mayer Brown

    Play Episode Listen Later Feb 1, 2021


    In this episode, Chris looks at two recent Court of Appeal cases. Sarnoff v YZ, where disclosure was ordered in a UK discrimination claim against a board director living in the US, and Adedeji v University Hospitals Birmingham, where an extension of time for a discrimination claim was refused despite being only three days late.

    Episode 201 – A View from Mayer Brown

    Play Episode Listen Later Jan 15, 2021


    In this episode, Chris Fisher looks at two cases: the landmark case of Steer v Stormsure which may lead to interim relief becoming available in discrimination cases, and Gerrard v ENRC which relates to whether covert surveillance can ever amount to harassment.

    Episode 200 – A View from Mayer Brown

    Play Episode Listen Later Dec 29, 2020


    In his final podcast for Mayer Brown, Nick concludes his review of key lessons he has learnt during 30 plus years of being an employment lawyer. To follow Nick on Twitter, please go to Nicholas Robertson@NicholasRober11.

    Episode 199 – A View from Mayer Brown

    Play Episode Listen Later Dec 29, 2020


    In the first of a two part series, Nick looks at some of the key lessons he has learnt from 30 plus years of practicing as an employment lawyer. To follow Nick on Twitter, please go to Nicholas Robertson@NicholasRober11.

    Episode 198 – A View from Mayer Brown

    Play Episode Listen Later Dec 21, 2020


    Nick and Chris Fisher look at some of the key cases coming up in 2021, and what this may mean for employers. Plus there is some news about the future of the podcast. To follow Nick on Twitter, please go to Nicholas Robertson@NicholasRober11.

    Episode 197 – A View from Mayer Brown

    Play Episode Listen Later Dec 20, 2020


    Nick and Miriam Bruce look at the key cases for 2020, in this end of year review. To follow Nick on Twitter, please go to Nicholas Robertson@NicholasRober11.

    Episode 196 – A View from Mayer Brown

    Play Episode Listen Later Dec 19, 2020


    Nick takes a look at a EAT decision on an appeal against a decision by the Tribunal Judge to hold a Tribunal hearing in person rather than doing it remotely, via a platform. To follow Nick on Twitter, please go to Nicholas Robertson@NicholasRober11.

    Episode 195 – A View from Mayer Brown

    Play Episode Listen Later Dec 18, 2020


    Nick’s Christmas podcast review looks at a recent case on ways in which a settlement agreement can be challenged after it was agreed, and whether without prejudice material can be taken into account in that challenge. To follow Nick on Twitter, please go to Nicholas Robertson@NicholasRober11.

    Episode 194 – A View from Mayer Brown

    Play Episode Listen Later Dec 17, 2020


    This episode looks at a recent case which emphasises the importance of applying the strict words of the statute when deciding whether or not there was a redundancy situation. To follow Nick on Twitter, please go to Nicholas Robertson@NicholasRober11.

    Episode 193 – A View from Mayer Brown

    Play Episode Listen Later Dec 15, 2020


    Nick takes a look at a case where a former employer made an adverse statement to the new employer about the claimant, and then the episode looks at the risks for employers in making such comments. To follow Nick on Twitter, please go to Nicholas Robertson@NicholasRober11.

    Episode 192 – A View from Mayer Brown

    Play Episode Listen Later Dec 4, 2020


    Nick looks in detail at the Beckwith case in the High Court and what this means for regulators and employers on the interplay between work and private life. To follow Nick on Twitter, please go to Nicholas Robertson@NicholasRober11.

    Episode 191 – A View from Mayer Brown

    Play Episode Listen Later Nov 30, 2020


    Nick looks at two contrasting cases in this episode. The first looks at the key issue of whether an employer can justify indirect discrimination on the grounds of cost. The second looks at a constructive dismissal claim in the context of a dispute between family members that made the newspapers. To follow Nick on Twitter, please go to Nicholas Robertson@NicholasRober11.

    Episode 190 – A View from Mayer Brown

    Play Episode Listen Later Nov 23, 2020


    Nick looks at two recent cases, dealing with key issues. The first case decides that workers have additional health and safety rights under EU law. The second look at where directors can be sued by their employer, if the director is domiciled outside of England and Wales. To follow Nick on Twitter, please go to Nicholas Robertson@NicholasRober11.

    Episode 189 – A View from Mayer Brown

    Play Episode Listen Later Nov 6, 2020


    Nick takes a look at two employment tribunal cases which consider whether particular philosophical beliefs were worthy of protection under the Equality Act 2010. He then considers a case where the employer was relying on Whatsapp messages for disciplinary purposes. To follow Nick on Twitter, please go to Nicholas Robertson@NicholasRober11.

    Episode 188 – A View from Mayer Brown

    Play Episode Listen Later Oct 26, 2020


    Nick is joined by Chris Milsom from Cloisters to discuss preparing for Tribunal hearings which are being conducted remotely. To follow Nick on Twitter, please go to Nicholas Robertson@NicholasRober11.

    Episode 187 – A View from Mayer Brown

    Play Episode Listen Later Oct 13, 2020


    Nick is joined by Nicolas Simon from Belgian firm Van Olmen and Wynant who discusses five things that you need to know about Belgian employment law. To follow Nick on Twitter, please go to Nicholas Robertson@NicholasRober11.

    Episode 186 – A View from Mayer Brown

    Play Episode Listen Later Oct 6, 2020


    Nick takes a look at the proper handling of redundancies this autumn in the light of the CBI/TUC/ACAS joint statement on redundancies and the Job Retention Scheme. To follow Nick on Twitter, please go to Nicholas Robertson@NicholasRober11.

    Episode 185 – A View from Mayer Brown

    Play Episode Listen Later Sep 17, 2020


    In our latest episode Nick looks at a case where the employee tried to rely on the GDPR and Human Rights to prevent disciplinary proceedings being taken against her. We also look at a case where the employer’s decision to dismiss was taken in ignorance of a relevant piece of information, which was known to its investigator. Finally we have a surprising case of a fair dismissal where there was no warning, no process and no possibility of appeal. To follow Nick on Twitter, please go to Nicholas Robertson@NicholasRober11.

    Episode 184 – A View from Mayer Brown

    Play Episode Listen Later Jul 30, 2020


    Nick looks at three (non coronavirus related) cases. The first looks at an injunction to prevent the disclosure of allegations about an employer, the second looks at the correct test for disability discrimination and the third considers when a worker is a temporary agency worker. To follow Nick on Twitter, please go to Nicholas Robertson@NicholasRober11.

    Episode 183 – A View from Mayer Brown

    Play Episode Listen Later Jul 7, 2020


    Nick looks at three cases which have nothing do to with the Government’s furlough scheme. In the first the employer tried to cancel outstanding payments because the employee broke the confidentiality clause in a settlement agreement, in the second an employee secures an unusual remedy in a disability discrimination claim and in the third the tribunal restates the importance of the orthodox approach to making redundancies. To follow Nick on Twitter, please go to Nicholas Robertson@NicholasRober11.

    Episode 182 – A View from Mayer Brown

    Play Episode Listen Later Jun 30, 2020


    Nick looks at the Third Treasury Direction and the ways in which it differs from the previous Directions. To follow Nick on Twitter, please go to Nicholas Robertson@NicholasRober11.

    Episode 181 – A View from Mayer Brown

    Play Episode Listen Later Jun 15, 2020


    Nick looks at the latest guidance and the significant changes to the Furlough Scheme contained within the various Guidance Notes. To follow Nick on Twitter, please go to Nicholas Robertson@NicholasRober11.

    Back to Business Broadcast Series: A Global Perspective

    Play Episode Listen Later Jun 4, 2020


    As various jurisdictions around the world begin to ease restrictions, multinational employers are grappling with a wide range of issues and risks that need to be addressed when planning a safe return to the workplace. This global broadcast forms part of Mayer Brown’s 10Hundred series, designed to illuminate the key areas of potential liability and provide practical tips to help employers minimize risks in returning to work. We will develop this series on a country by country basis, where our speakers will drill deeper into the issues that will need particular attention. In this episode we are joined by Employment and Benefits speakers from across our global platform, with a high level focus on the key global health and safety and risk assessment issues, privacy points, other legal risks, benefits issues and global mobility and migration. Speakers: Nicholas Robertson (London); Hong Tran (Hong Kong); Régine Goury (Paris); Guido Zeppenfeld (Frankfurt); Andy Rosenman (Chicago); Maureen Gorman (Palo Alto); Elizabeth Stern (DC).

    Episode 180 – A View from Mayer Brown

    Play Episode Listen Later Jun 3, 2020


    Nick looks at the most recent news on the changes to the Furlough Scheme. In particular he considers critical importance of immediate planning by employers who intend to use the Furlough Scheme after 1 August. To follow Nick on Twitter, please go to Nicholas Robertson@NicholasRober11.

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