Podcast Location:
Download it here [file size: 27.2 MB]
Part of:
Dealing with Team Moves by Partners & Senior Staff CPD Training Bundle
Employment Law
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

  • FREE
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Course Aims:

This podcast is aimed at those interested in employment law or those who advise clients where the loss of a senior employee, director or partner might cause damage to the business. This podcast (Part 1) posits a hypothetical factual scenario of an unexpected departure and deals with establishing the importance of delineating the scope of the likely duties owed by a departing member of staff and the role of notice periods and garden leave to minimise the potential damage to the business.

After completing the course you will:
  • Understand the key priorities for an employer door-stepped with a ‘team move’ situation;
  • Understand the state of the case law as to who owes an ex-employer fiduciary obligations and why this is relevant to establish at an early stage;
  • Understand what to do with directors and the employees during their notice period;
  • Understand the relationship of post termination restrictions to garden leave;
  • Be aware of the considerations an employer should have in order not be perceived as treating an employee on garden leave differently to other employees and the circumstances in which such differences will be permissible.
Intermediate Difficulty: 3 of 5
Panel Discussion
Practical Guide
Sources and References:
  • Customer Systems Plc v Ranson & Ors [2011] EWHC 3304 (QB);
  • Lonmar Global Risks Ltd v West and others [2011] IRLR 138;
  • Tullett Prebon Plc & Ors v BGC Brokers LP & Ors [2011] EWCA Civ 131;
  • QBE Management Services (UK) Ltd v Dymoke & Ors [2012] EWHC 80 (QB);
  • Bell v Lever Brothers Ltd [1932] AC 161;
  • Nottingham University v Fishel & Anor [2000] EWHC 221 (QB);
  • Standard Life Health Care Ltd v Gorman & Ors [2009] EWCA Civ 1292;
  • Credit Suisse First Boston (Europe) Ltd v Lister [1998] EWCA Civ 1551.

This podcast with 3 employment law barristers analyses the different solutions open to an employer when faced with a team move situation by a senior member of staff and their team. What are the strategies for coping? How do you protect goodwill and confidential relationships where there are no restrictive covenants? This podcast has the answers.

Podcasts addded: 05/03/12

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