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

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 2027 * Practical implications for employers and employees, including changes to dismissal rights and compensation * Building organisational capacity and adapting to evolving case law * Navigating political uncertainty and preparing for further legislative developments With a generation-defining shift in employment law on the horizon, looking to the past might be our best way forward. Contact BDBF Thank 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 [podcast@bdbf.co.uk] Find out more: Website: www.bdbf.co.uk/ [https://www.bdbf.co.uk/]Email: info@bdbf.co.uk [info@bdbf.co.uk]Phone: +44(0)20 3828 0350 Connect with us: LinkedIn: www.linkedin.com/company/brahams-dutt-badrick-french-llp/ [https://www.linkedin.com/company/brahams-dutt-badrick-french-llp/]Facebook: www.facebook.com/BDBFLLP/ [https://www.facebook.com/BDBFLLP/?ref=embed_page] Sign up to our newsletter:www.bdbf.co.uk/newsletter-signup/ [https://www.bdbf.co.uk/newsletter-signup/] Gareth Brahams linkedin.com/in/garethbrahams [http://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.

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 [podcast@bdbf.co.uk]  Find out more: Website: www.bdbf.co.uk/ [https://www.bdbf.co.uk/]Email: info@bdbf.co.uk [info@bdbf.co.uk] Phone: +44(0)20 3828 0350 Connect with us: LinkedIn: www.linkedin.com/company/brahams-dutt-badrick-french-llp/ [https://www.linkedin.com/company/brahams-dutt-badrick-french-llp/] Facebook: www.facebook.com/BDBFLLP/ [https://www.facebook.com/BDBFLLP/?ref=embed_page] Sign up to our newsletter: www.bdbf.co.uk/newsletter-signup/ [https://www.bdbf.co.uk/newsletter-signup/] Paula Chan https://www.linkedin.com/in/paulachan/ [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 [http://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.

Bounties Without Borders | How UK Employees Benefit from US Whistleblower Incentives

Is the UK finally moving toward a "bounty" system for whistleblowers? In this episode of the BDBF Podcast, Partner Claire Dawson is joined by US expert Mary Inman to explore whistleblower reward programs. Under the US model, individuals who report wrongdoing to the authorities can receive between 10–30% of recovered funds – a powerful incentive that has already helped uncover billions in corporate fraud. Claire and Mary discuss how whistleblowers in the UK may look across the Atlantic to secure their financial futures through reward systems that have global reach. From the Foreign Corrupt Practices Act to HMRC’s newly revamped tax-evasion scheme, they unpick this shifting cultural tide and ask: what does the future of rewards for whistleblowing mean for culture and practice in the UK? Strategic Insights: * The US rewards system focuses on “intel” while UK protection for whistleblowers still focuses on litigation.  * How UK whistleblowers may access life-changing US bounties anonymously. * What the UK’s shift toward a "bounty" model for tax evasion may mean for other regulators in this country. This episode is a must-listen for the lawyers and leaders navigating the global whistleblower landscape. 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 [podcast@bdbf.co.uk] Find out more: Website: www.bdbf.co.uk/ [https://www.bdbf.co.uk/]Email: info@bdbf.co.uk [info@bdbf.co.uk]Phone: +44(0)20 3828 0350 Connect with us: LinkedIn: www.linkedin.com/company/brahams-dutt-badrick-french-llp/ [https://www.linkedin.com/company/brahams-dutt-badrick-french-llp/]Facebook: www.facebook.com/BDBFLLP/ [https://www.facebook.com/BDBFLLP/?ref=embed_page] Sign up to our newsletter:www.bdbf.co.uk/newsletter-signup/ [https://www.bdbf.co.uk/newsletter-signup/] Guest Info Mary Inman https://www.linkedin.com/in/mary-inman-81229/ Mary Inman is a partner at Whistleblower Partners. She has 30 years of experience representing whistleblowers in the U.S. under the False Claims Act [https://whistleblower.law/the-false-claims-act], as well as the SEC [https://whistleblower.law/sec-whistleblower-program/], CFTC [https://whistleblower.law/cftc-whistleblower-program/], IRS [https://whistleblower.law/irs-whistleblower-program], FinCEN [https://whistleblower.law/fincen-whistleblower-program/], and NHTSA/DOT [https://whistleblower.law/nhtsa-whistleblower-program] whistleblower programs.

Osipov in the firing line | Rice v Wicked Vision & The Whistleblowing Loophole

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/2018/2321 [https://caselaw.nationalarchives.gov.uk/ewca/civ/2018/2321] * Rice v Wicked Vision Ltd [2025] EWCA Civ 1466: https://caselaw.nationalarchives.gov.uk/ewca/civ/2025/1466 [https://caselaw.nationalarchives.gov.uk/ewca/civ/2025/1466] BDBF’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/ [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 BDBF Thank 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 [podcast@bdbf.co.uk] Find out more: Website: www.bdbf.co.uk/ [https://www.bdbf.co.uk/]Email: info@bdbf.co.uk [info@bdbf.co.uk] Phone: +44(0)20 3828 0350 Connect with us: LinkedIn: www.linkedin.com/company/brahams-dutt-badrick-french-llp/ [https://www.linkedin.com/company/brahams-dutt-badrick-french-llp/] Facebook: www.facebook.com/BDBFLLP/ [https://www.facebook.com/BDBFLLP/?ref=embed_page] Sign up to our newsletter:www.bdbf.co.uk/newsletter-signup/ [https://www.bdbf.co.uk/newsletter-signup/]

Tailor Wasn’t Hemmed In By His Long Non-Compete | Tom James UK Ltd v Max Potter

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 practice * The impact of harsh disciplinary measures on the enforceability * The High Court’s scrutiny of the 12-month non-compete clause * Legal and reputational risks for businesses enforcing overly broad post-termination restrictions * Practical steps employers and HR teams can take to protect their interests while remaining fair and compliant Packed with strategic insight, this episode is essential listening for employment lawyers, HR professionals, business leaders, and anyone managing employee departures or restrictive covenants. Contact BDBF Thank 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 [podcast@bdbf.co.uk]  Find out more: Website: www.bdbf.co.uk/ [https://www.bdbf.co.uk/]Email: info@bdbf.co.uk [info@bdbf.co.uk] Phone: +44(0)20 3828 0350 Connect with us: LinkedIn: www.linkedin.com/company/brahams-dutt-badrick-french-llp/ [https://www.linkedin.com/company/brahams-dutt-badrick-french-llp/] Facebook: www.facebook.com/BDBFLLP/ [https://www.facebook.com/BDBFLLP/?ref=embed_page] Sign up to our newsletter: www.bdbf.co.uk/newsletter-signup/ [https://www.bdbf.co.uk/newsletter-signup/]