About The BDBF Podcast: News and Insights for the Employment Law Community
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.
What happens when an employee only discovers that a meeting is disciplinary in nature once it has started? Can an employee rely on the statutory right to be accompanied at a disciplinary hearing if they never actually requested a companion?
In this episode of The BDBF Podcast, James Hockley and Rose Lim discuss the Employment Appeal Tribunal’s decision in Wolfe v Taka Mayfair Limited, which considers the statutory right to be accompanied under section 10 of the Employment Relations Act 1999.
They explore why the EAT found that an employee must make a request for accompaniment before the statutory right is triggered, even where the employee was not aware that a meeting was disciplinary in nature. They also consider the EAT’s observations on requests for accompaniment made during a meeting, and the distinction between the statutory requirements of section 10 ERA 1999 and the Acas Code of Practice.
Listeners will gain practical insight into:
When the statutory right to be accompanied arises;
Why an employee must expressly request accompaniment;
What to do if a meeting unexpectedly becomes disciplinary;
The importance of following fair disciplinary procedures; and
Practical lessons for employers and employee advisers.
For employment lawyers, HR professionals, employers and employees, this episode provides a useful guide to the statutory right to be accompanied and the practical implications of Wolfe v Taka Mayfair Limited.
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 (mailto:podcast@bdbf.co.uk)
Find out more:
Website: www.bdbf.co.uk/
(https://www.bdbf.co.uk/)Email: info@bdbf.co.uk (mailto: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)
James Hockley
https://uk.linkedin.com/in/james-hockley-9060a685
Rose Lim
https://uk.linkedin.com/in/rose-l-40a345b0
Sign up to our newsletter:
www.bdbf.co.uk/newsletter-signup/ (https://www.bdbf.co.uk/newsletter-signup/)
28 Sept 2026
Sheikholeslami v University of Edinburgh
What happens when a £100,000 compensation award becomes worth more than £1.7 million but the Acas uplift falls from 25% to just 2.5%? And can a tribunal really reduce an uplift when the employer's conduct remains just as serious?
In this episode of The BDBF Podcast, employment lawyers Ed Duthie and Samantha Prosser explore the Employment Appeal Tribunal's decision in Sheikholeslami v University of Edinburgh, an important case on Acas uplifts, proportionality and grossing up compensation for tax.
They discuss how a claim brought in 2012 ultimately resulted in a compensation award of more than £1.7 million, while the Acas uplift was reduced from 25% to just 2.5%. They examine why the EAT upheld the tribunal's decision and how the substantial increase in compensation affected the assessment of what was just and equitable.
Ed and Samantha unpack when an Acas uplift can be reconsidered following an appeal, including the principle of necessary implication where an issue is closely connected to matters being remitted to a tribunal. They also consider the tension between the percentage-based nature of the Acas uplift and the need for an overall award to remain proportionate.
The episode also explores the tribunal's approach to grossing up compensation for tax, and why a practical solution may be appropriate where the tax treatment of different elements of an award is uncertain.
Listeners will gain practical guidance on:
When an Acas uplift can be reconsidered following an appeal
How the size of a compensation award can affect the percentage uplift
Why a higher compensation award does not necessarily result in a higher Acas uplift
How proportionality can influence the tribunal's assessment of an uplift
The principle of necessary implication and connected remedy issues
How tribunals may approach grossing up where the tax position is uncertain
For employment lawyers, HR professionals, in-house counsel and employers, this episode provides valuable insight into how tribunals approach Acas uplifts, high-value discrimination claims, remedy appeals and tax issues, and highlights the importance of considering how different elements of a remedy award interact.
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 (mailto:podcast@bdbf.co.uk)
Find out more:
Website: www.bdbf.co.uk/
(https://www.bdbf.co.uk/)Email: info@bdbf.co.uk (mailto: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/)
Ed Duthie
https://uk.linkedin.com/in/edward-duthie-795a00106 (https://uk.linkedin.com/in/edward-duthie-795a00106)
Samantha Prosser
https://uk.linkedin.com/in/samanthacprosser (https://uk.linkedin.com/in/samanthacprosser)
14 Sept 2026
Burger v JD Wetherspoon plc - vicarious liability for assault
When can an employer be held liable for the actions of an independent contractor? And when does a contractor become so closely integrated into a business that the relationship is considered akin to employment?
In this episode of The BDBF Podcast, employment lawyers Emma Burroughs and Connie Berry explore the Court of Appeal's decision in Burger v Risk Solutions and JD Wetherspoon, an important case on vicarious liability and the distinction between employees and independent contractors.
They discuss how a customer was seriously injured after being assaulted by two door supervisors employed by Risk Solutions at a Wetherspoon pub, why Wetherspoon was ultimately found not to be vicariously liable, and how the courts assessed the relationship between the security contractors and the pub company.
Emma and Connie unpack the two-stage test for vicarious liability, examining when a relationship may be considered akin to employment and the importance of the close connection test when assessing whether a tort was committed in the course of employment.
Listeners will gain practical guidance on:
When an employer can be held vicariously liable for the actions of an independent contractor
How the two-stage test for vicarious liability applies in practice
Why the level of control and integration within a business can be significant
The circumstances in which a contractor may be considered akin to an employee
Practical lessons for employers who regularly engage long-term or embedded contractors
For employment lawyers, HR professionals, in-house counsel and employers, this episode provides valuable insight into the risks associated with contractor arrangements and the circumstances in which businesses may face vicarious liability for the actions of individuals who are not directly employed by them.
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 (mailto:podcast@bdbf.co.uk)
Find out more:
Website: www.bdbf.co.uk/
(https://www.bdbf.co.uk/)Email: info@bdbf.co.uk (mailto: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/)
Emma Burroughs
https://www.linkedin.com/in/emma-burroughs-78342a168/ (https://www.linkedin.com/in/emma-burroughs-78342a168/?isSelfProfile=false)
Connie Berry
https://www.linkedin.com/in/connie-berry-2513a036 (https://www.linkedin.com/in/connie-berry-2513a036)
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