Class Actions in England and Wales podcast series: Episode 8 – Employment

7 September, 2023

In this podcast, Andrew Taggart, Jenny Andrews, Sian McKinley and Maura McIntosh discuss the types of dispute that are most frequently brought as employment class actions, the procedures that apply, and the strategic challenges and issues that arise for those defending such claims.

The presenters are all authors of Class Actions in England and Wales, a textbook authored by Herbert Smith Freehills lawyers and published by Sweet & Maxwell. This is the eighth and penultimate episode in our series of podcasts to mark the launch of the second edition of this leading textbook.

 

Our podcast is available on iTunes, Spotify and SoundCloud and can be accessed on all devices. You can subscribe and be notified of all future episodes.

Anti-suit injunction granted to protect English-domiciled employee’s right to be sued only in English court and prevent US employer suing in New York

13 July, 2023

The English High Court has granted an anti-suit injunction to prevent a US employer continuing New York proceedings against an English-domiciled employee in a dispute about entitlement to bonus payments: Gagliardi v Evolution Capital Management LLC [2023] EWHC 1608 (Comm).

The decision shows that an English court will ordinarily grant an anti-suit injunction to protect a UK-domiciled employee’s right to be sued by their employer only in the UK, regardless of where the employer is domiciled. That was the position under the employee protection provisions in the EU-wide jurisdiction regime that applied to the UK pre-Brexit. The present decision confirms that it also applies under domestic provisions introduced post-Brexit to continue similar protections for UK-domiciled employees.

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