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

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The BDBF Podcast: News and Insights for the Employment Law Community is the authoritative podcast for the latest developments, expert analysis, and practical guidance within the constantly evolving field of employment law. Each episode presents in-depth discussions with prominent professionals, examining complex legal precedents, legislative amendments, and emerging trends that affect employers, employees, and legal practitioners. Whether seeking to remain current on recent judicial decisions, comprehend the practical ramifications of new regulations, or acquire actionable strategies for managing workplace issues, our podcast provides substantive content specifically designed for the employment law community. Subscribe to remain informed and equip yourself with the essential knowledge required in today’s dynamic legal environment.

  1. 5d ago

    Protected Conversations, Unprotected Mistakes - Tarbuc v Martello Piling

    When does a "protected conversation" lose its protection? And can the way an employer handles a settlement offer come back to bite them? In this episode of The BDBF Podcast, employment lawyers Amanda Steadman and Emma Burroughs explore the Employment Appeal Tribunal's decision in Tarbuc v Martello Piling Limited, an important case concerning the scope and limits of protected conversations under section 111A of the Employment Rights Act 1996. They discuss the background to the dispute, which arose after the claimant sought payment of a contractual bonus, and how a subsequent protected conversation led to an offer for him to leave the business. Following his dismissal after a redundancy process, the claimant brought claims including ordinary unfair dismissal, unlawful deductions from wages and less favourable treatment as a part-time worker. Amanda and Emma unpack the Employment Tribunal and Employment Appeal Tribunal's decisions, including the Tribunal's error in treating the section 111A protection as applying to claims beyond ordinary unfair dismissal. They explore the concept of improper behaviour, the importance of considering the cumulative circumstances surrounding a protected conversation, and why factors such as short-notice meetings, the absence of a companion and the time given to consider an offer may be relevant. They also discuss the risks of threats or guarantees of dismissal, covert recordings and the practical steps employers can take to conduct protected conversations more safely. Listeners will gain practical guidance on: When section 111A protection applies and the claims it does not coverWhat may amount to improper behaviour during a protected conversationHow the circumstances surrounding a meeting can affect whether protection is lostThe risks of making threats or guarantees about dismissal if a settlement offer is rejectedHow employers can approach protected conversations cautiously and minimise the risk of the discussions being admitted in evidenceThe importance of giving employees reasonable notice, time to consider offers and the opportunity to have a companion For employment lawyers, HR professionals, in-house counsel and employers, this episode provides valuable insight into the practical limits of protected conversations and the importance of carefully managing both the substance and circumstances of settlement discussions. Disclaimer: Views of external guest speakers do not represent those of BDBF. Contact BDBF Thank 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.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/ Sign up to our newsletter: www.bdbf.co.uk/newsletter-signup/ Amanda Steadman https://www.linkedin.com/in/amanda-steadman-7900a110/   Emma Burroughs  https://www.linkedin.com/in/emma-burroughs-78342a168/

  2. Aug 3

    PHI disputes - a new route for Claimants? McMahon v AXA ICAS Ltd

    A dismissed employee looking to recover damages for lost permanent health insurance benefits is faced with having to bring a High Court claim, or cap their claim at £25,000 in the Employment Tribunal. But does a claim for unlawful deductions from wages provide a potential route forward?  In this episode of The BDBF Podcast, Nick Wilcox and Theo Nicou explore the Inner House of the Court of Session's decision in McMahon v AXA ICAS Ltd, an important case concerning permanent health insurance (PHI) benefits, unlawful deductions from wages and the effect of dismissal on contractual entitlements. They discuss why the claimant became entitled to PHI benefits after a period of ill health, and how an administrative error meant that the employer had failed to put the relevant insurance policy in place. Following the claimant's dismissal on grounds of ill health capability, the dispute centred on whether she could claim PHI benefits as “wages” beyond the date of termination. Nick and Theo unpack the Employment Tribunal and Employment Appeal Tribunal's decisions before examining why the Inner House took a different approach, finding that the employer could potentially be liable for PHI payments as “wages” after dismissal. They explore the Court's consideration of collateral contractual obligations, implied terms preventing dismissal for the purpose of avoiding benefit obligations, and the possibility that the employment contract continued following a wrongful dismissal. Listeners will gain practical guidance on: When permanent health insurance benefits may continue after dismissalHow PHI provisions can operate as contractual obligations owed directly by an employerThe distinction between wages and damages for breach of contractThe circumstances in which an employer may be prevented from dismissing an employee to avoid contractual benefit obligationsThe potential implications of the decision for employers and employment contracts For employment lawyers, HR professionals, in-house counsel and employers, this episode provides valuable insight into the interaction between dismissal, contractual benefits and unlawful deductions from wages, and highlights the importance of carefully drafted PHI provisions in employment contracts. Disclaimer: Views of external guest speakers do not represent those of BDBF. Contact BDBF Thank 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.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/ Sign up to our newsletter: www.bdbf.co.uk/newsletter-signup/ Nick Wilcox https://www.linkedin.com/in/nick-wilcox-48915526/ Theo Nicou https://www.linkedin.com/in/theonicou/

  3. Jul 20

    Culture as Compliance: The FCA's new rules on non-financial misconduct

    How should FCA-regulated firms deal with non-financial misconduct? When can conduct outside work affect an employee's fitness and propriety? In this episode of The BDBF Podcast, Tom McLaughlin is joined by Nick Wilcox, Partner at BDBF, and James Green, Partner at Burges Salmon, to discuss the FCA's new rules and guidance on non-financial misconduct which come into force in September 2026. They explore why the FCA has introduced the new regime following recent tribunal decisions, when conduct outside work can become a regulatory issue, and how firms should approach allegations involving bullying, harassment, discrimination and misconduct in employees' private lives. The discussion also examines workplace social events and social media, managers' responsibilities, regulatory references, and the interaction between the FCA's new guidance and wider employment law reforms. Listeners will gain practical guidance on: The FCA's new non-financial misconduct rulesFitness and propriety assessmentsInvestigating misconduct inside and outside the workplaceSocial media, workplace events and managers' responsibilitiesThe practical implications for FCA-regulated firms and employees For employment lawyers, HR professionals, in-house counsel, compliance teams and FCA-regulated firms, this episode provides valuable insight into navigating the FCA's new approach to non-financial misconduct while balancing regulatory obligations with employment law 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 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 0350 Connect 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 InfoTom McLaughlin https://uk.linkedin.com/in/emplwyrtom Nick Wilcox https://uk.linkedin.com/in/nick-wilcox-48915526 James Green https://uk.linkedin.com/in/jamesgreenemploymentlawyer

  4. Jul 13

    Chandrashekarappa v Wipro Ltd: Bonus Entitlement and Unlawful Deductions from Wages

    Can an employer cap a bonus after telling an employee they've earned it? When does a bonus become a legally enforceable entitlement? In this episode of The BDBF Podcast, employment lawyers Ben Cowdry and Esmat Faiz explore the Employment Appeal Tribunal's decision in Chandrashekarappa v Wipro Ltd (2026), an important case on bonus schemes and unlawful deductions from wages. They discuss how the employer introduced a new sales bonus scheme without issuing a formal policy, why an employee expected a bonus of more than £500,000 only to be told it was capped at $150,000, and how the absence of clear written terms ultimately proved decisive. Ben and Esmat unpack the Employment Tribunal's original decision before examining why the Employment Appeal Tribunal found that the employee's entitlement had already crystallised, preventing the employer from imposing additional conditions after the event. Listeners will gain practical guidance on: When a bonus becomes a legally enforceable entitlementWhy clear, written bonus policies are essentialThe risks of introducing new conditions after a bonus has been approvedHow the law on unlawful deductions from wages applies to bonus paymentsPractical lessons for employers designing and implementing incentive schemes For employment lawyers, HR professionals, in-house counsel and employers, this episode provides valuable insight into drafting and administering bonus schemes while reducing the risk of costly disputes. Disclaimer: Views of external guest speakers do not represent those of BDBF. Contact BDBF Thank 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.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/ Sign up to our newsletter: www.bdbf.co.uk/newsletter-signup/ Ben Cowdry Ben advises both employers and employees on contentious and non-contentious matters. Ben’s experience ranged from negotiating severance packages and advising on disciplinary matters to pursuing Employment Tribunal claims for unfair dismissal and discrimination. Ben also has experience in advising on and drafting employment contracts and workplace policies. Ben enjoys negotiating favourable outcomes for his clients, whether through alternative dispute resolution or litigation. linkedin.com/in/ben-cowdry-7548a8196 Esmat Faiz Esmat is an experienced solicitor who advises senior employees and employers on complex and sensitive workplace issues, delivering clear, strategic guidance to achieve practical and positive outcomes. She provides guidance to employees on disciplinary processes, grievances, workplace investigations and negotiated exits, always ensuring her clients feel supported and confident throughout challenging situations. Esmat has extensive experience handling whistleblowing claims and discrimination matters across a wide range of grounds, including disability, age, pregnancy and maternity, sex and race, both prior to and in the course of Employment Tribunal claims. She was promoted to Senior Associate in 2026 in recognition of her technical excellence and client care. https://uk.linkedin.com/in/esmat-faiz-1348502a

  5. Jul 6

    A Clash of Rights | Reopening the Appeal in Omooba v Michael Garrett Associates Ltd

    When fundamental rights collide in the workplace, how do courts decide who wins? In this episode of The BDBF Podcast, Partner Clare Brereton and Senior Associate Leigh Janes examine the high-profile case of Omooba v Michael Garrett Associates Ltd. The dispute – an actress dismissed after a social media backlash over a historic post expressing her religious belief that homosexuality is a sin – puts two protected characteristics in direct conflict. But Clare and Leigh’s focus goes beyond the headlines. They dive into the high-stakes procedural battle that followed: Miss Omooba’s attempt to reopen the Court of Appeal's refusal of permission to appeal by invoking the landmark decision in Higgs v Farmor's School. Listeners will gain insights into: The "clash of rights" framework and how courts approach competing protected characteristicsThe "reason why" test in direct discrimination claimsThe exceptionally high threshold for reopening final appeal decisionsThe practical implications for employers managing similar conflicts in the workplaceWhen religion and belief collide, the legal path is rarely straightforward. This is how to navigate the fallout. Contact BDBFWe’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 0350 Connect 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 Info Clare Brereton linkedin.com/in/clare-brereton-nee-taylor-36291046/ Clare Brereton is a partner at BDBF who specialises in high stakes disputes and strategic workplace advice for senior executives and employers on complex workplace disputes, including those involving partnerships and LLPs. Leigh Janes linkedin.com/in/leigh-janes-nee-leach-7b472890/ Leigh is ranked by the 2026 edition of Chambers and Partners as an “Associate to Watch” and advises employers and employees on all aspects of employment law across a wide range of industries and sectors including financial services, recruitment, and hospitality.

  6. Jun 22

    Speaking up in the NHS: A World Whistleblowers’ Day special

    When NHS staff blow the whistle, the consequences can be devastating. How can healthcare professionals raise serious concerns while protecting their careers? In this special episode of The BDBF Podcast, recorded for World Whistleblowers' Day, employment law partners Clare Brereton and Samantha Prosser discuss the realities of whistleblowing in the NHS – from the legal protections available to the practical challenges of navigating workplace retaliation. Samantha unpacks the legal definition of a "protected disclosure" and the statutory safeguards shielding whistleblowers from detriment and dismissal. Clare and Samantha examine the hurdles whistleblowers commonly face: proving that detrimental treatment was linked to their disclosure, and the difficulties of finding alternative employment after raising concerns. Listeners will gain practical guidance on: The importance of documenting concerns in writingUsing the correct internal channelsMaintaining a professional tone throughoutSeeking legal advice at an early stageFor employment lawyers, healthcare workers and in-house counsel, this episode delivers critical insights into managing the complexities of NHS disclosures. 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. 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 0350 Connect 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/ Clare Breretonlinkedin.com/in/clare-brereton-nee-taylor-36291046/Clare Brereton is a partner at BDBF who specialises in high stakes disputes and strategic workplace advice for senior executives and employers on complex workplace disputes, including those involving partnerships and LLPs. 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.

  7. May 26

    1997 vs 2027: What History Can Teach Us About the Employment Rights Act

    Can Blair's 1997 reforms help the employment law sector prepare for the forthcoming ERA changes? In this episode, host Tom McLaughlin is joined by BDBF managing partner Gareth Brahams to draw a direct line between Blair's 1997 employment law reforms and the major changes set to arrive with the Employment Rights Act in 2027. Drawing on three decades of practice, Gareth traces the parallels between then and now: the reduction of unfair dismissal qualifying periods, rising compensation caps, and the introduction of Working Time Regulations – and what they can tell us about what's coming next. Listeners will gain insights into: The scope and background of the Employment Rights Act reforms coming later this year and in 2027Practical implications for employers and employees, including changes to dismissal rights and compensationBuilding organisational capacity and adapting to evolving case lawNavigating political uncertainty and preparing for further legislative developmentsWith a generation-defining shift in employment law on the horizon, looking to the past might be our best way forward. 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/ Gareth Brahams linkedin.com/in/garethbrahams Gareth Brahams is the managing partner at BDBF and a recognised leader in the field of employment law. He has nearly 30 years of experience in employment law advising senior executives and other employees in high value/high stakes cases, large and small employers, partners and members of LLPs.

  8. May 11

    The Price of a Conditional Job Offer: Kankanalapalli v Loesche Energy Systems

    Can you withdraw a job offer once it’s been accepted? Lessons from Kankanalapalli v Loesche Energy Systems LTD. In this episode of The BDBF Podcast, partners Paula Chan and Gareth Brahams discuss the recent Employment Appeal Tribunal decision in Kankanalapalli v Loesche Energy Systems Ltd. This case explores what "reasonable notice" means when a job offer is withdrawn after a contract is formed but before the first day of work and draws out the key distinction between “conditions precedent” and “conditions subsequent”. Listeners will gain insights into: The factual background and the EAT’s decision in Kankanalapalli v Loesche Energy Systems.The crucial distinction between conditions "precedent" and conditions "subsequent."Why statutory minimum notice periods do not act as a ceiling for "reasonable notice."The risks of resigning from a current role before a new contract is fully signed and documented.Practical steps for employers to manage offer withdrawals and notice obligations.Best practices for candidates navigating the gap between offer acceptance and their start date.For employment lawyers and HR leaders, this is a tactical guide to managing the "resignation gap" and avoiding a pre-employment notice trap. 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/ Sign up to our newsletter: www.bdbf.co.uk/newsletter-signup/ Paula Chan https://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. Gareth Brahams linkedin.com/in/garethbrahams Employment lawyer who has fought and won some of the biggest cases in whistleblowing, discrimination, restrictive covenants and stress at work claims.

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The BDBF Podcast: News and Insights for the Employment Law Community is the authoritative podcast for the latest developments, expert analysis, and practical guidance within the constantly evolving field of employment law. Each episode presents in-depth discussions with prominent professionals, examining complex legal precedents, legislative amendments, and emerging trends that affect employers, employees, and legal practitioners. Whether seeking to remain current on recent judicial decisions, comprehend the practical ramifications of new regulations, or acquire actionable strategies for managing workplace issues, our podcast provides substantive content specifically designed for the employment law community. Subscribe to remain informed and equip yourself with the essential knowledge required in today’s dynamic legal environment.

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