The BDBF Podcast: News and Insights for the Employment Law Community

How long can whistleblowers continue to claim dismissal as a "detriment" against an individual colleague?Whistleblowing law in the UK is at a pivotal crossroads. In May this year, the Supreme Court will hear the appeal in Rice v Wicked Vision, in which the future of Timis v Osipov is in the firing line.  In this episode of the BDBF Podcast, Amanda Steadman is joined by Bruce Carr KC and Managing Partner Gareth Brahams who both acted for Mr Osipov, to dive into what the appeal in Rice v Wicked Vision means for personal liability in the workplace.Together, they unpick the "detriment of dismissal" loophole, tracking the legacy of Timis v Osipov and examining the contentious boundary between an "instruction to dismiss" and the "act of dismissal." Listeners will also gain insights into:How the Timis v Osipov precedent continues to influence detriment claims.The statutory tension between Section 47B detriment and Part X unfair dismissal.Balancing the strict wording of the law with the need to protect whistleblowers.What the Rice decision means for the future of high-value whistleblowing claims.Speculation on a Supreme Court appeal and the long-term implications for employment law.Drawing on their extensive experience, this episode offers essential strategic insights for employment lawyers and HR leaders navigating these shifting legal waters.Cases discussed:Timis & Anor v Osipov & Anor [2018] EWCA Civ 2321: https://caselaw.nationalarchives.gov.uk/ewca/civ/2018/2321Rice v Wicked Vision Ltd [2025] EWCA Civ 1466: https://caselaw.nationalarchives.gov.uk/ewca/civ/2025/1466BDBF’s briefing on Wicked Vision can be accessed here: https://www.bdbf.co.uk/employers-continue-to-be-vicariously-liable-for-detriment-of-dismissal-claims-brought-by-employee-whistleblowers-for-now-at-least/Disclaimer: Views of external guest speakers do not represent those of BDBF.Contact BDBFThank you for tuning in to The BDBF Podcast: News and Insights for the Employment Law Community, where we dive into practical guidance, expert analysis, and updates on employment law developments.For more behind-the-scenes content, exclusive events, and expert insights, please visit our website or follow us on your favourite social platform.We’d love to hear from you, particularly with feedback on the Podcast and requests for topics to cover in future episodes.  Drop us a line podcast@bdbf.co.uk Find out more:Website: www.bdbf.co.uk/Email: info@bdbf.co.ukPhone: +44(0)20 3828 0350Connect with us:LinkedIn: www.linkedin.com/company/brahams-dutt-badrick-french-llp/Facebook: www.facebook.com/BDBFLLP/Sign up to our newsletter:www.bdbf.co.uk/newsletter-signup/

Was the 12-Month Non-Compete Agreement Enforceable? Analysing the High Court Ruling in Tom James UK Limited v Max Potter.In this episode of the BDBF Podcast, Tom McLaughlin and Jamie Barton explore the headline employment law dispute Tom James UK Limited v Max Potter, focusing on the enforceability of non-compete clauses, restrictive covenants and the risks of overly restrictive post-termination restraints.The episode follows Max Potter, a mid-level salesperson who found himself at the centre of a legal dispute after his employer attempted to enforce a 12-month non-compete clause following his resignation. Tom and Jamie walk listeners through the events leading up to the court case, illustrating how aggressive restrictive covenants can backfire and the real-world consequences for both employers and employees.Listeners will gain insights into:How non-compete clauses and restrictive covenants work in practiceThe impact of harsh disciplinary measures on the enforceabilityThe High Court’s scrutiny of the 12-month non-compete clauseLegal and reputational risks for businesses enforcing overly broad post-termination restrictionsPractical steps employers and HR teams can take to protect their interests while remaining fair and compliantPacked with strategic insight, this episode is essential listening for employment lawyers, HR professionals, business leaders, and anyone managing employee departures or restrictive covenants.Contact BDBFThank you for tuning in to The BDBF Podcast: News and Insights for the Employment Law Community, where we dive into practical guidance, expert analysis, and updates on employment law developments.For more behind-the-scenes content, exclusive events, and expert insights, please visit our website or follow us on your favourite social platform.We’d love to hear from you, particularly with feedback on the Podcast and requests for topics to cover in future episodes.  Drop us a line podcast@bdbf.co.uk Find out more:Website: www.bdbf.co.uk/Email: info@bdbf.co.ukPhone: +44(0)20 3828 0350Connect with us:LinkedIn: www.linkedin.com/company/brahams-dutt-badrick-french-llp/Facebook: www.facebook.com/BDBFLLP/Sign up to our newsletter:www.bdbf.co.uk/newsletter-signup/

Unfair Dismissal, Polkey Deductions and Performance Management: Lessons from Pal v Accenture UK LimitedIn this episode of The BDBF Podcast, Samantha Prosser and James Hockley analyse the Employment Appeal Tribunal’s decision in Pal v Accenture UK Limited – and what the ruling means for employers and claimants.Ms Pal, a 10-year Accenture manager, was dismissed in 2019 for allegedly not being “promotion-ready” under the firm’s controversial “up or out” model – all while managing significant symptoms of endometriosis.Samantha and James unpack the key issues this case raises around disability discrimination, procedural fairness and the application of Polkey reductions to compensation.Listeners will gain insights into:The factual background to Pal v Accenture UK LimitedThe legal issues raised by the “up or out” performance management modelThe tribunal’s errors in assessing disability discrimination and procedural fairness under the Equality ActThe EAT’s guidance on the application of Polkey deductionsPractical lessons for employers on maintaining fair dismissal procedures With significant changes to unfair dismissal law and compensation caps expected from 2027, this episode offers timely guidance for HR professionals, employment lawyers and business leaders navigating performance management and dismissal risk.Disclaimer: Views of external guest speakers do not represent those of BDBF.Contact BDBFThank you for tuning in toThe BDBF Podcast: News and Insights for the Employment Law Community, where we dive practical guidance, expert analysis, and updates on employment law developments.For more behind-the-scenes content, exclusive events, and expert insights, please visit our website or follow us on your favourite social platform.We’d love to hear from you, particularly with feedback on the Podcast and requests for topics to cover in future episodes.  Drop us a line podcast@bdbf.co.uk Find out more:Website: www.bdbf.co.uk/Email: info@bdbf.co.ukPhone: +44(0)20 3828 0350Connect with us:LinkedIn: www.linkedin.com/company/brahams-dutt-badrick-french-llp/Facebook: www.facebook.com/BDBFLLP/Sign up to our newsletter:www.bdbf.co.uk/newsletter-signup/Samantha Prosserhttps://www.linkedin.com/in/samanthacprosser/Partner at BDBF, Samantha has extensive litigation experience in the Employment Tribunal and Employment Appeal Tribunal. She specialises in whistleblowing and sex and disability discrimination claims, with particular expertise advising Consultants in the NHS and private practice.James Hockleyhttps://www.linkedin.com/in/james-hockley-9060a685/Senior Associate at BDBF, James advises both individuals and employers across Employment Tribunal, Employment Appeal Tribunal, High Court, and Court of Appeal proceedings. His practice focuses on discrimination, whistleblowing, unfair dismissal, employee competition, investigations, disciplinary and grievance matters, and negotiated exits.

When can a detriment claim bypass ACAS early conciliation? The Court of Appeal sets the rules in Reynolds v Abel Estate Agent Limited. In this episode of The BDBF Podcast, host Tom McLaughlin is joined by Knowledge Lawyer Rose Lim to unpack the Court of Appeal’s decision in Reynolds v Abel Estate Agent Limited and its implications for ACAS early conciliation requirements.Tom and Rose break down the statutory framework behind early conciliation and the Court’s clarification of a critical distinction: bringing a new claim versus amending an existing one. Listeners will gain insights into:The facts and procedural history of Reynolds v Abel Estate Agent LimitedWhen early conciliation operates as a jurisdictional barHow interim relief interacts with ACAS requirementsThe Court of Appeal’s approach to amendments and claim validityThe strategic implications for claimants, respondents and practitionersPacked with practical guidance and procedural insight, this episode is essential listening for employment lawyers, HR professionals and anyone navigating tribunal claims under the early conciliation regime.The podcast discusses the cases of:Sainsbury's Supermarkets Ltd v Clark & Ors [2023] EWCA Civ 386Pryce v Baxterstorey Limited [2022] EAT 61Disclaimer: Views of external guest speakers do not represent those of BDBF.Contact BDBFThank you for tuning in toThe BDBF Podcast: News and Insights for the Employment Law Community, where we dive practical guidance, expert analysis, and updates on employment law developments.For more behind-the-scenes content, exclusive events, and expert insights, please visit our website or follow us on your favourite social platform.We’d love to hear from you, particularly with feedback on the Podcast and requests for topics to cover in future episodes.  Drop us a line podcast@bdbf.co.uk Find out more:Website: www.bdbf.co.uk/Email: info@bdbf.co.ukPhone: +44(0)20 3828 0350Connect with us:LinkedIn: www.linkedin.com/company/brahams-dutt-badrick-french-llp/Facebook: www.facebook.com/BDBFLLP/Sign up to our newsletter:www.bdbf.co.uk/newsletter-signup/Rose Limhttps://www.linkedin.com/in/rose-l-40a345b0/Rosie is a knowledge lawyer at BDBF, maintaining up-to-date knowledge of developments in employment law. She supports the delivery of first-class training and know-how for both the firm and its clients.

How Will the New Unfair Dismissal Regime Transform Employment Tribunal Claims for Employers and Employees?In this episode of The BDBF Podcast: News and Insights for the Employment Law Community, partners Claire Dawson and Paula Chan examine the sweeping reforms to unfair dismissal law coming into force on 1 January 2027 under the Employment Rights Act.Moving beyond the headlines, Claire and Paula unpack how shorter qualifying periods and uncapped compensation will affect unfair dismissal litigation, and what these changes mean in practice for the employment tribunal system.Listeners will gain insights into:How the new unfair dismissal framework will operate The anticipated rise in employment tribunal claims The implications of removing the unfair dismissal compensation capHow employers’ settlement strategies may need to adaptThe broader consequences for the tribunal system and public sector employers\As the UK employment law landscape prepares for its most substantial transformation in decades, this episode is essential listening for employers, HR professionals and employment lawyers navigating a new and uncertain era in unfair dismissal law.Disclaimer: Views of external guest speakers do not represent those of BDBF.Contact BDBFThank you for tuning in toThe BDBF Podcast: News and Insights for the Employment Law Community, where we dive into practical guidance, expert analysis, and updates on employment law developments.For more behind-the-scenes content, exclusive events, and expert insights, please visit our website or follow us on your favourite social platform.We’d love to hear from you, particularly with feedback on the Podcast and requests for topics to cover in future episodes.  Drop us a line podcast@bdbf.co.uk Find out more:Website: www.bdbf.co.uk/Email: info@bdbf.co.ukPhone: +44(0)20 3828 0350Connect with us:LinkedIn: www.linkedin.com/company/brahams-dutt-badrick-french-llp/Facebook: www.facebook.com/BDBFLLP/Sign up to our newsletter:www.bdbf.co.uk/newsletter-signup/Guest InfoClaire Dawsonlinkedin.com/in/claire-dawson/Recognised leader in the field of employment law. Ranked in Band 1 as a leading individual for Employment: Senior Executive in Chambers UK 2025 and a Leading Partner for Employment: Senior Executives in Legal 500 UK 2026Paula Chanlinkedin.com/in/paulachan/Ranked Band 1 by Chambers 2026 for Employment: Senior Executives and recognised as a leading partner by Legal 500 2026, specialist employment lawyer Paula Chan advises individuals, partners and employers. She has experience in high-profile employee and partner exits and significant disputes involving whistleblowing, breach of contract and discrimination.

The Consequences of Informal Promises in Share Option Agreements: What Dixon v GlobalData Plc Means in Practice…In this episode of The BDBF Podcast, host Tom McLaughlin is joined by partner Paula Chan to unpack the High Court’s decision in Dixon v GlobalData Plc and its implications for informal promises made about share option agreements.Tom and Paula examine how verbal assurances about share options led to complex litigation after the employee’s departure, and what the decision means for employers and employees involved in equity-based reward structures.Listeners will gain insights into:The factual background to the Dixon v GlobalData Plc disputeHow proprietary estoppel can arise in share option agreement casesThe risks created by informal or poorly documented equity promisesThe court’s reasoning and approachPractical steps to reduce disputes in share plan and incentive arrangementsThe importance of clear drafting and legal advice in employment negotiationsPacked with strategic insight, this episode is essential listening for employment lawyers, HR professionals, and business leaders dealing with share option agreements and executive incentive plans.Disclaimer: Views of external guest speakers do not represent those of BDBF.Contact BDBFThank you for tuning in toThe BDBF Podcast: News and Insights for the Employment Law Community, where we dive practical guidance, expert analysis, and updates on employment law developments.For more behind-the-scenes content, exclusive events, and expert insights, please visit our website or follow us on your favourite social platform.We’d love to hear from you, particularly with feedback on the Podcast and requests for topics to cover in future episodes.  Drop us a line podcast@bdbf.co.uk Find out more:Website: www.bdbf.co.uk/Email: info@bdbf.co.ukPhone: +44(0)20 3828 0350Connect with us:LinkedIn: www.linkedin.com/company/brahams-dutt-badrick-french-llp/Facebook: www.facebook.com/BDBFLLP/Sign up to our newsletter:www.bdbf.co.uk/newsletter-signup/Paula Chanhttps://www.linkedin.com/in/paulachan/Specialist employment lawyer advising senior executives, partners, and employers, with experience in high-profile employee exits and significant disputes involving whistleblowing, breach of contract, and workplace discrimination.

In a special episode of The BDBF Podcast, Tom McLaughlin sits down with BDBF founding partner Gareth Brahams to mark the firm’s 13th anniversary and Gareth’s 30-year career in employment law. Departing from the usual legal updates, the conversation offers a rich, reflective look at Gareth’s career journey, the evolution of the profession, and the landmark cases and trends that have shaped the field.The episode traces Gareth’s early career, from his first role in 1995 and the limited scope of employment law at the time, through his experiences in tribunal advocacy, senior executive cases, and the founding of BDBF. Along the way, Gareth shares candid stories about technological shifts, the rise of standalone employment practices, law firm mergers, and his most memorable cases – including whistleblowing, discrimination, bonus litigation, and restrictive covenants.Listeners will gain insights into:The early state of employment law and tribunal work in the 1990sThe impact of technology and client expectations on legal practiceKey mergers and consolidation in the legal sectorShifts in case trends, legislation, and workplace culture over 30 yearsMentorship, professional values, and advice Gareth would give his younger selfHow AI and technological advances are shaping the future of employment lawPacked full of practical insight, this episode is essential listening for employment law practitioners and anyone interested in the human side of a long and distinguished legal career.Disclaimer: Views of external guest speakers do not represent those of BDBF.Contact BDBFThank you for tuning in to The BDBF Podcast: News and Insights for the Employment Law Community, where we dive practical guidance, expert analysis, and updates on employment law developments.For more behind-the-scenes content, exclusive events, and expert insights, please visit our website or follow us on your favourite social platform.We’d love to hear from you, particularly with feedback on the Podcast and requests for topics to cover in future episodes.  Drop us a line podcast@bdbf.co.ukFind out more:Website: www.bdbf.co.uk/Email: info@bdbf.co.ukPhone: +44(0)20 3828 0350Connect with us:LinkedIn: www.linkedin.com/company/brahams-dutt-badrick-french-llp/Facebook: www.facebook.com/BDBFLLP/X: www.x.com/BDBF_LLPSign up to our newsletter: www.bdbf.co.uk/newsletter-signup/Tom McLaughlinwww.linkedin.com/in/emplwyrtomEmployment lawyer specialising in restrictive covenants, confidential information and team moves.Gareth Brahamslinkedin.com/in/garethbrahamsEmployment lawyer who has fought and won some of the biggest cases in whistleblowing, discrimination, restrictive covenants and stress at work claims.

The Henderson v GCRM Implication: What The EAT Decision Really Means In Practice In this episode of The BDBF Podcast: News and Insights for the Employment Law Community, host Tom McLaughlin is joined by employment law specialist Abdullah Ahmed to analyse the Employment Appeal Tribunal’s decision in Henderson v GCRM and its implications for whistleblowing protection under the Employment Rights Act 1996. Tom and Abdullah begin by setting out the factual background to the case, including the disclosures made by Mr Henderson, the alleged detriments he claimed to have suffered, and the findings of the Employment Tribunal at first instance. They also explore: - What qualifies as a protected disclosure under the legislation - The burden of proof in whistleblowing detriment claims - Establishing causation between disclosure and alleged detriment - The relevance of decision-maker knowledge and motivation Lessons from key authorities including Jhuti and FecittThe discussion details the EAT's reasoning on protected disclosures, focusing on the challenge for claimants when the decision-maker is unaware of the disclosure. Tom and Abdullah examine vicarious liability, the split between individual and corporate responsibility, and the necessity of precise legal pleadings in whistleblowing cases. The episode ends with practical advice on the hurdles whistleblowers face (evidentiary/procedural) and best practices for employers managing disclosures. In addition to the lawyers mentioned in the Episode, Barry Ross of Crossland Solicitors instructed David Hay KC and Chris Milsom.Disclaimer: Views of external guest speakers do not represent those of BDBF.Contact BDBF Thank you for tuning in to The BDBF Podcast: News and Insights for the Employment Law Community, where we dive practical guidance, expert analysis, and updates on employment law developments. For more behind-the-scenes content, exclusive events, and expert insights, please visit our website or follow us on your favourite social platform. We’d love to hear from you, particularly with feedback on the Podcast and requests for topics to cover in future episodes.  Drop us a line podcast@bdbf.co.uk Find out more:Website: www.bdbf.co.uk/Email: info@bdbf.co.uk Phone: +44(0)20 3828 0350 Connect with us:LinkedIn: www.linkedin.com/company/brahams-dutt-badrick-french-llp/Facebook: www.facebook.com/BDBFLLP/ X: www.x.com/BDBF_LLP Sign up to our newsletter: www.bdbf.co.uk/newsletter-signup/ Tom McLaughlin www.linkedin.com/in/emplwyrtom           Employment lawyer specialising in restrictive covenants, confidential information and team movesAbdullah Ahmed www.linkedin.com/in/abdullah-idris-ahmed Specialist in employment law, acting as an Associate, with experience advising on the full scope of employment matters.

Cross-border Employment Claims After Brexit: What Prahl v Lapinski Means in Practice…In this episode of The BDBF Podcast: News and Insights for the Employment Law Community, host Tom McLaughlin is joined by colleagues: Partner Claire Dawson and Managing Associate Theo Nicou to unpack the Employment Appeal Tribunal’s decision in Prahl v Lapinski and its implications for international employment claims.The three explore the jurisdictional challenges that arise when overseas respondents are involved in UK employment tribunal proceedings, with a particular focus on how the post-Brexit legal landscape has reshaped established principles. Tom, Claire and Theo examine recent developments around the service of claim forms on international parties and the tribunals’ increasingly expansive interpretation of “employee” and “employer” in cross-border cases.The episode also explores:Jurisdictional hurdles in claims involving overseas respondentsService of tribunal claims under the post-Brexit regimeHow Brexit has affected enforceability and procedural strategyThe widening interpretation of employment relationshipsPractical steps to manage risk in international disputesThe ongoing Court of Appeal case and its impact on cross-border employment law.Packed with practical guidance and strategic insight, this episode is essential listening for employment law professionals advising on or litigating international employment claims in an increasingly complex jurisdictional environment.Disclaimer: Views of external guest speakers do not represent those of BDBF.Contact BDBFThank you for tuning in toThe BDBF Podcast: News and Insights for the Employment Law Community, where we dive practical guidance, expert analysis, and updates on employment law developments.For more behind-the-scenes content, exclusive events, and expert insights, please visit our website or follow us on your favourite social platform.We’d love to hear from you, particularly with feedback on the Podcast and requests for topics to cover in future episodes.  Drop us a line podcast@bdbf.co.uk Find out more:Website: www.bdbf.co.uk/Email: info@bdbf.co.ukPhone: +44(0)20 3828 0350Connect with us:LinkedIn: www.linkedin.com/company/brahams-dutt-badrick-french-llp/Facebook: www.facebook.com/BDBFLLP/X: www.x.com/BDBF_LLPSign up to our newsletter:www.bdbf.co.uk/newsletter-signup/