Paul Goulding QC

Paul acts in a wide range of employment and commercial law cases including the High Court, employment tribunal, and appellate courts. He has a particular interest and experience in:

• Unlawful competition disputes involving restrictive covenants, confidential information, garden leave, and injunctions. He is the Editor of and Contributor to a leading publication Employee Competition: Covenants, Confidentiality, and Garden Leave (OUP, 2007)
• Disputes concerning bonuses, share options, stock, carried interest and other employment benefits. In 2006, he was instructed to act for Nomura International Plc in defending a series of high-profile bonus, stock and whistleblowing claims.
• Discrimination cases, particularly acting for investment banks, and other major organisations, as well as senior executives. Between 2000 and 2005 he represented the Law Society in its successful defence of the race and sex discrimination claims brought by its former Vice President, Kamlesh Bahl. He also acted between 2003 and 2007 for Nomura in the long-running sex discrimination case brought by Andrea Madarassy.
• Whistleblowing cases. In 2006-2007, he acted for Nomura in its successful defence of the whistleblowing claims brought by former employees, Simon Hussey and Piero Burragato.
• TUPE cases.

Paul’s practice has embraced a wide range of employment and commercial law cases in High Court and tribunals (in England, Wales and Scotland). Highlighted below are some of these areas.

Bonuses and other employee benefits

• Claims against Dresdner Kleinwort Ltd (2009). Acted for Dresdner Kleinwort in defending claims brought by former executives for guaranteed bonuses following losses made by the business in 2008.
• Claims against Royal Bank of Scotland (2009). Acted for RBS in defending profit share claims brought by employees following losses made by the bank in 2008.

Restrictive Covenants, Confidentiality, and Garden Leave

Advises and appears frequently in the High Court in cases involving restrictive covenants, confidential information, garden leave and springboard injunctions.

• Edsparr v J P Morgan (2009). Acted for former senior executive of JP Morgan in application for an anti-suit injunction to restrain proceedings in New York (see, also, Samengo-Turner below).
• Gerrard v Finn (2007-9). Acted for financial advisers who joined competing business.
• Optaglio v Zolutukhin (2009). Acted for former employees who were sued following establishment of new competing holographic business.
• Curran v Dresdner Kleinwort (2008). Acted for Dresdner Kleinwort in dispute concerning restrictive covenants and forfeiture provisions in employee benefit scheme.
• IMG v Universal Music (2008). Advised artistes’ managers joining rival management company.
• UBS v Vestra Wealth (2008). Advised in relation to employees joining rival start-up business.
• GFI v Leverett, Bussey & O’Toole (2008). Appeared for GFI in High Court action against former employee brokers.
• Tullett Prebon v Davis & GFI (2007). Appeared for GFI in High Court action brought in relation to employee who joined from rival broking firm.
• GFI v Sonin (2009). Appeared for GFI in High Court action against former employee broker.
• Samengo-Turner v Marsh McLennan (2008). Acted in High Court action involving insurance brokers moving between firms.
• News International v Littlejohn. Represented the columnist Richard Littlejohn when Times Newspapers sought to prevent his move from The Sun to the Daily Mail newspapers.
• Credit Suisse Asset Management Ltd v Armstrong [1996] ICR 882. Appeared in the leading garden leave/restrictive covenants case.
• Davy International Ltd v Tazzyman [1997] 1 WLR 1256. Appeared in a 6-week trial of a contempt motion arising out of the execution of an Anton Piller order in relation to the transfer of employees to a competitive business. 
• Reading FC v Pardew. Appeared on application for garden leave injunction to restrain football manager from joining another club.

Discrimination

Appeared in a number of sex, race and disability discrimination and equal pay cases in employment tribunals.

• Tradition Securities and Futures v X & Y [2009] ICR 88. Appeared for Tradition in defending sex, race and religious belief discrimination claims. Appeal concerned territorial jurisdiction.
• Tradition Securities & Futures v Times Newspapers [2009] IRLR 354. Appeared for Tradition in relation to application by media organizations to vary restricted reporting orders.
• Bearelly v Lehman Brothers Ltd (2008). Appeared for Lehman in defending age discrimination claim based on provisions in employee benefit scheme.
• Madarassy v Nomura [2007] ICR 867 (CA), 1175 (HL). Appeared for Nomura in defending sex discrimination claim.
• Bahl v The Law Society [2003] IRLR 640 (EAT) and [2004] IRLR 799 (CA). Appeared for the Law Society in defending sex and race discrimination claims.
• Also appeared for Van Morrison in proceedings for sex discrimination brought by Linda Gail Lewis, for the Commissioner in Dizaei v Metropolitan Police Commissioner and Logan v Metropolitan Police Commissioner, and also for a number of City institutions in high-profile discrimination claims including Coleman v Lansdown Capital (the “tethered goat” case), Somerville-Cotton v Barclays Capital Services Ltd, and various solicitors’ firms.
• Biggs v Somerset CC [1996] ICR 364. Appeared in the Court of Appeal in a case concerning time limits for part-timers’ claims under European law.
• Other reported cases include Reed & Bull Information Systems Ltd v Stedman [1999] IRLR 299 (sexual harassment); Harrods Ltd v Remick [1998] ICR 156 (contract workers); Locker v Metropolitan Police Commissioner [1993] ICR 440 (public interest immunity); Swithland Motors plc v Clarke [1994] ICR 231 (time limits); Bromley v Quick Ltd [1991] 9 DCLD 7, [1992] 14 DCLD 8 (equal pay); Gilespie v Mothercare Ltd [1996] DCLD (part-timers pension rights). Acted for the BBC when an employment tribunal held that the BBC was not an emanation of the state for the purpose of the direct effect of EC directives.  Acted on a reference to the ECJ concerning discrimination and maternity rights in relation to occupational pensions.
• Undertaken an investigation into allegations of sexual harassment in a City law firm, and invited to act as a mediator in employment disputes. 

Whistleblowing

• Pickett v Citigroup (2009). Appeared for Citigroup defending whistleblowing claim brought by hedge fund manager.
• Woodward v Abbey National (2009). Appeared for Abbey National defending whistleblowing claim brought by former employee.
• Haig v Banque AIG (2009). Acted for Banque AIG in defending whistleblowing claim.
• Ryb v Nomura (2009). Acted for Nomura in defending whistleblowing claim, including application for interim relief.
• Hussey v Nomura; Burragato v Nomura. Acted for Nomura in a number of whistleblowing claims brought by former employees in 2006-2007.
• Acted for the football manager Mike Newell in his claim against Luton Town FC, and for Chesterton Plc in the EAT in its appeal against one of the largest awards of damages for whistleblowing. Also appeared in a number of other whistleblowing cases before employment tribunals.
  

Transfer of Undertakings

Appeared in a number of cases concerning TUPE in employment tribunals and the High Court. These include:

• Astle v Omnisure & Cheshire CC [2005] IRLR 20;
• NUMAST v P&O Scottish Ferries [2005] ICR 1270 (EAT);
• RMT v UPS, a major information and consultation claim brought on behalf of RMT members.

 Redundancy Payments

• Worrall v Inspace (2009). Acted for Inspace in defending pension claims by trade union-backed employees following local authority outsourcing.
• Aquino v Molins Plc (2008). Acted for Molins Plc in defending enhanced redundancy payment claims by trade union-backed employees.

Industrial action

Appeared in a number of cases involving strikes, ballots, trade union immunities and related issues, including:

• Barretts & Baird (Wholesale) Ltd v IPCS [1987] IRLR 3 (trade union immunities), which is also reported in relation to costs: [1987] 1 FTLR 121.
• TNT Express (UK) Ltd v Downes [1994] ICR 1 (compensation for sacked strikers).
• Johnstone v BBC Enterprises Ltd [1994] ICR 180 (dismissal for trade union membership).
• AEEU v Thorn (UK) Ltd, EAT, 23.6.97 (collective redundancies consultation).

General

• Fulham FC v Tigana [2005] EWCA Civ 895 (breach of contract of football manager following dismissal).
• Neary v Dean of Westminster [1999] IRLR 288 (appeal of Westminster Abbey organist against dismissal for breach of fiduciary duties).
• Secretary of State for Employment v Bearman [1998] IRLR 431 (identification of employer).
• Acted for a number of media and entertainment clients in relation to a variety of employment disputes including wrongful dismissal and discrimination.

Employment status

• Appeared in a number of cases involving the issue of whether or not an individual is an employee. One of these concerned the employment status of ministers of religion: Coker v Diocese of Southwark [1998] ICR 140.

Publications

• Editor of and Contributor to Employee Competition: Covenants, Confidentiality, and Garden Leave (OUP, 2007).
• Contributor to Tolley’s Discrimination in Employment Handbook (2008).
• General Editor of European Employment Law and the UK, a loose-leaf encyclopaedia published by Sweet & Maxwell.
• Springboard Injunctions in Employment Law (1995) Industrial Law Journal
• TUPE and Unfair Dismissal (1994) 138 Solicitors Journal
• Injunctions and Contracts of Employment: The Evening Standard Doctrine (1990) Industrial Law Journal

Papers

• Protecting the Business (annual updated papers presented to IRS Labour Law, 1994-2008).
• Employee’s Duty to Disclose Misconduct (presented to ELA Seminar, December 2004).
• Football, Facelifts, Fridges and Frisbees – recent cases on restrictive covenants and confidential information (presented to ILS and ELA conferences, September 2003).
• Reorganisation: Problems & Possibilities (presented to ELA Annual Conference, May 2002).
• Confidential Information (presented to ELA seminar, December 2001).

Professional Associations

Chairman of the Employment Lawyers Association (ELA) from 1998-2000. Served on ELA’s Management Committee from 1992 to 2004, and chaired its working parties on Europe, the Acquired Rights Directive, the Employment Rights (Dispute Resolution) Bill, and the Review of Compensation Limits. Presented written and oral evidence to the House of Lords’ Select Committee on the European Communities (on proposals to amend the Acquired Rights Directive), and led several delegations of UK employment lawyers to Brussels to meet with EU labour law experts.

Member of the Employment Law Bar Association, the Bar European Group and the Industrial Law Society.

Advised and appeared in a number of sports law cases, covering a range of sports.

Football

• Sheffield Utd FC v The Premier League.  Acted for the Premier League in the arbitration commenced by Sheffield Utd FC over the “Tevez Affair”.
• Fulham FC v Tigana. Appeared for Jean Tigana in his successful claim following his sacking as Fulham’s manager.
• Reading FC v Pardew. Appeared in claim for garden leave injunction to restrain football manager moving to another club.
• Newell v Luton Town FC. Appeared for football manager, Mike Newell, in whistleblowing claim against former employer.
• Vialli v Watford FC. Appeared for Watford defending High Court claim brought by former manager.
• Jones v Southampton FC. Appeared for football manager, Dave Jones, in arbitration proceedings.
• Wimbledon FC v Birmingham FC. Arbitration proceedings concerning transfer of the player, Michael Hughes.
• Rudge v Port Vale FC. Appeared for football manager in arbitration proceedings.
• Advised a number of Premier League clubs (including Tottenham Hotspur, Newcastle, Millwall, Wimbledon, Crystal Palace), the Football League, chaired FA Appeal Boards and advised individual players. These cases have concerned contractual disputes, the application of the Bosman ruling, competition law, restraint of trade, crowd trouble, and general employment matters. Qualified FA Coach.
  

Snooker

• Hendry v World Snooker. Appeared for the World Snooker Association in the challenge to its status brought by Stephen Hendry based on competition law (Arts. 81 and 82 and the Competition Act 1998) and restraint of trade.  This was the first case under the Competition Act 1998 to go to trial.

Athletics

• Acted for the British Athletics Federation in the High Court action brought by Diane Modahl relating to drug testing (House of Lords, 1999).

Rugby

• Advised in relation to broadcasting rights concerning the Five Nations Championships, and on general matters in relation to the 1999 Rugby World Cup. Acted for a Director of Rugby in his dispute with his rugby club, and advised other rugby union players on their employment contracts. Advised rugby league clubs on constitutional matters.

Formula One

• Acted in disputes involving formula one teams, including a dispute between a formula one car designer who moved from one team to another, and a formula one driver seeking release from his management contract.

Tennis

• Acted for Petr Korda in his doping dispute with the International Tennis Federation.

Cricket

• Advised ECB.

• In March 2008, appointed Appeal Board Chairman and Specialist Member of the Football Association Judicial Panel.
• In June 2000, appointed to the Chairman’s Panel of Arbitrators of the Sports Dispute Resolution Panel. Chaired a number of Football Association Appeal Boards (2000-2006).

Professional Associations

Member of the Bar Sports Law Group and the British Association for Sport and Law.

Publications

• Chapter on Employment Law in Butterworths’ Sport: Law & Practice (2003; 2^nd edn, 2008).
• Article in The Times, 13 March 2001, on new UEFA/EC football transfers regime.

Hendry v World Snooker. Appeared for the World Snooker Association in the challenge to its status brought by Stephen Hendry based on competition law (Arts. 81 and 82 and the Competition Act 1998) and restraint of trade.  This was the first case under the Competition Act 1998 to go to trial.

Advised and appeared in a number of cases involving financial services, acting both for and against the regulator. Appeared in a three-week trial in 1995 on behalf of IMRO concerning the discipline of a member for breach of SIB Principle 2. This case went to appeal.

Appeared for IMRO in a number of further disciplinary cases relating to client accounts, funds, mis-selling of pensions, and general regulatory matters. Appeared for a member of the SFA in proceedings before the Disciplinary Tribunal and the Disciplinary Appeal Tribunal relating to SIB principles and other SFA Rules.

Advised and appeared in a number of judicial review cases. These include R v Panel on Takeovers and Mergers ex parte Fayed, The Times, 15.4.92 (judicial review of a decision of the Takeover Panel); R v Secretary of State for Health ex parte Hackney LBC [1994] COD 432 (judicial review of the closure of Bart’s A&E); R v BBC ex parte Rossi [1997] EMLR 71 (judicial review of Radio 1 decision in relation to Status Quo records); R v BBC ex parte the Referendum Party, The Times 29.4.97; R v BBC ex parte Pro-Life Alliance Party (both being judicial reviews of decision in relation to party election broadcasts); R v Archbishops of Canterbury and York ex parte Williamson (judicial review of ordination of women to the priesthood). Advised a number of clients on the law of public procurement.

Appeared before the European Commission and Court of Human Rights: Fayed v the United Kingdom, The Times 11.10.94; Tinnelly & McElduff v the United Kingdom (1997).

Member of the Administrative Law Bar Association.