Paul Goulding QC

Employment & Commercial

Paul acts in a wide range of employment and commercial law cases including in 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 Employee Competition: Covenants, Confidentiality, and Garden Leave (OUP, 2nd ed 2011) and contributor to a major new American Bar Association publication, Restrictive Covenants and Trade Secrets in Employment Law: An International Survey (American Bar Association and BNA Books, 2010).
• Disputes concerning bonuses, share options, stock, carried interest and other employment benefits.
• 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 its former employees, Simon Hussey and Piero Burragato.
• TUPE cases (see below).

Recent work includes advising on LIBOR fixing, bonus and deferred remuneration clawback and malus provisions, forfeiture of unvested stock, ‘black box’ quantitative trading, team moves, cross-border enforcement of restrictive covenants, and whistleblowing claims.  

Bonuses and other employee benefits

• Fish & Ors v Dresdner Kleinwort Ltd [2009] IRLR 1035
  Acted for Dresdner Kleinwort in defending claims brought by former executives for bonuses and severance payments following losses made by the business in 2008, and its acquisition by Commerzbank.
• Acted for bank in relation to bonus clawback and malus provisions.
• Acted for asset manager in relation to forfeiture of employee’s unvested stock under deferred remuneration. plan.
• Acted for a bank 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.

• Fahim Imam-Sadeque v BlueBay Asset Management (Services) Ltd [2012] EWHC 3511 (QB)
  Acted for the defendant in case in which the High Court decided that (1) the claimant employee acted in repudiatory breach of his employment contract in assisting the set up and launch of a competitive business, assisting in the recruitment of a fellow employee by that business, and disclosing documents to that business; and (2) a condition in a compromise agreement whereby the claimant would be deemed to be a Good Leaver for the purpose of unvested deferred remuneration provided he did not commit a repudiatory breach of his employment contract prior to its termination, was not an unlawful penalty.
• Space Airconditioning Plc v Guy [2012] EWCA Civ 1664
  Acted for the appellant in a confidential information case in which the Court of Appeal allowed the appeal and (unusually) ordered a re-trial on the basis that the judge’s error in relation to the contents of a document rendered the decision wrong or unjust as a result of an irregularity.
• Aon Ltd v JLT Reinsurance Brokers Ltd [2010] IRLR 600
  Acted for JLT in High Court claim following a "team move" of a number of insurance broker employees from Aon to JLT. Involved in successfully resisting applications for disclosure orders relating to competitive activity.
• Acted for former senior executive of a bank in application for an anti-suit injunction to restrain proceedings brought by the bank against the executive in New York. Case raised issues of jurisdiction, and the applicability of the Court of Appeal decision in Samengo-Turner v Marsh, see further below).
• Acted for financial advisers following a "team move" to join a competing business. Case involved claims of misuse of confidential information, and breaches of contractual and fiduciary duties.
• Acted for former employees following a "team move" to a new competing holographic business.
• Appeared for inter-dealer broker in High Court action against former employee broker.
• Acted for a bank in dispute concerning restrictive covenants and forfeiture provisions in employee benefit scheme.
• Acted for artistes’ managers who were subject to proceedings in New York following their departure to a rival management company. Involved jurisdictional and Samengo-Turner issues (see further below).
• UBS v Vestra Wealth [2008] IRLR 965
  Advised in relation to employees joining rival start-up business.
• Appeared for firm in High Court action against former employee brokers who left to join a rival broker.
• Samengo-Turner v Marsh McLennan [2008] ICR 18 (CA)
  Acted in High Court action involving insurance brokers moving between firms.

Discrimination

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

• Woodward v Santander UK Plc [2010] IRLR 834
  Appeared for Santander (formerly Abbey National) in successfully resisting  sex discrimination and whistleblowing claims brought by former employee. This EAT decision upheld claim to without prejudice privilege in discrimination cases.
• 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 where  claimants made claims of discrimination in respondent's Paris office before moving to its London office.
• Tradition Securities & Futures v Times Newspapers [2009] IRLR 354
  Appeared for Tradition in relation to application by media organizations to vary restricted reporting orders. Decision of EAT explained purpose and limitations of RROs, and rights of third parties to intervene.
• Appeared for Lehman Brothers in defending age discrimination claim based on provisions in employee benefit scheme restricting entitlements to those over a certain age or whose combined age and seniority satisfied a certain threshold.

Whistleblowing

• Woodward v Santander UK Plc [2010] IRLR 834
  Appeared for Santander (formerly Abbey National) in successfully resisting whistleblowing and sex discrimination claims brought by former employee.
• Renton v Cantor Fitzgerald Europe UKEAT/0236/10
  Appeared for inter-dealer broker in successfully resisting whistleblowing claim brought by former employee.
• Appeared for a bank in defending whistleblowing and disability discrimination claims. Case involved unsuccessful application by claimant for interim relief in relation to his whistleblowing claim.
• Appeared for respondent brokers in defending whistleblowing claim brought by former employee.
• Appeared for bank defending whistleblowing claim brought by hedge fund manager.

Transfer of Undertakings

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

• Worrall v Wilmott Dixon (EAT, 9 July 2010)
  Acted for respondent in defending enhanced pension claims following redundancies brought by trade union-backed employees following local authority outsourcing. EAT decision concerns transferee employer's liability where there were changes to pension scheme post-transfer, in light of ECJ decision in Parkwood Leisure.

Redundancy Payments

• Worrall v Wilmott Dixon (EAT, 9 July 2010)
  Acted for respondent in defending enhanced pension claims following redundancies brought 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.

Restrictive Covenants, Confidentiality, and Garden Leave

• Tullett Prebon v Davis & GFI [2007] EWHC 2739 (QB)  
• Credit Suisse Asset Management Ltd v Armstrong [1996] ICR 882
• Davy International Ltd v Tazzyman [1997] 1 WLR 1256
• Reading FC v Pardew

Discrimination

• Madarassy v Nomura [2007] ICR 867 (CA)
• Bahl v The Law Society [2003] IRLR 640 (EAT) and [2004] IRLR 799 (CA)
• Dizaei v Metropolitan Police Commissioner
• Logan v Metropolitan Police Commissioner
• Coleman v Lansdown Capital
• Somerville-Cotton v Barclays Capital Services Ltd
• Reed & Bull Information Systems Ltd v Stedman [1999] IRLR 299
• Harrods Ltd v Remick [1998] ICR 156
• Biggs v Somerset CC [1996] ICR 364
• Gilespie v Mothercare Ltd [1996] DCLD
• Swithland Motors plc v Clarke [1994] ICR 231
• Locker v Metropolitan Police Commissioner [1993] ICR 440
• Bromley v Quick Ltd [1991] 9 DCLD 7, [1992] 14 DCLD 8
• 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.
• Undertook an investigation into allegations of sexual harassment in a City law firm. 

Whistleblowing

• Hussey v Nomura; Burragato v Nomura
• Appeared for Chesterton Plc in the EAT in its appeal against one of the largest awards of damages for whistleblowing.

Transfer of Undertakings

• Astle v Omnisure & Cheshire CC [2005] IRLR 20
• NUMAST v P&O Scottish Ferries [2005] ICR 1270 (EAT)

Industrial action

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

• TNT Express (UK) Ltd v Downes [1994] ICR 1
• Johnstone v BBC Enterprises Ltd [1994] ICR 180
• AEEU v Thorn (UK) Ltd. (EAT, 23.6.97)
• Barretts & Baird (Wholesale) Ltd v IPCS [1987] IRLR 3

General

• Fulham FC v Tigana [2005] EWCA Civ 895
• Neary v Dean of Westminster [1999] IRLR 288
• Secretary of State for Employment v Bearman [1998] IRLR 431
• Acted for a number of media and entertainment clients in relation to a variety of employment disputes including wrongful dismissal and discrimination.

Employment status

• Coker v Diocese of Southwark [1998] ICR 140

Public Law & Human Rights

• Appeared in a number of public law cases, such as R v BBC, ex parte Rossi [1997] EMLR 1 (judicial review of Radio 1 decision in relation to Status Quo records), and R v Archbishops of Canterbury & York, ex parte Williamson (judicial review of ordination of women priests). Also appeared before the European Commission and Court of Human Rights: Fayed v UK, Tinnelly & McElduff v UK.

Publications

• Editor of Employee Competition: Covenants, Confidentiality, and Garden Leave (OUP, 2nd ed 2011).
• Contributor to Tolley’s Discrimination in Employment Handbook (2nd ed 2011).
• Contributor to Restrictive Covenants and Trade Secrets in Employment Law: An International Survey (American Bar Association and BNA Books, 2010).
• 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

• Team Moves: Lessons of Recent Cases (Sept 2012)
• Social Media and Employee Competition (July 2011)
• Springboard Injunctions (March 2011)
• Team Moves (March 2011)
• Employee Competition: Recent Cases (May 2010)
• The English Approach to Jurisdiction and Choice of Law in Employment Covenants Not to Compete (April 2010)
• Whistleblowing Claims: Their Uses and Abuses (October 2009)
• Sleeping with the Enemy (May 2009)

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.
• Member of the Administrative Law Bar Association.

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

Football

• Advised premiership footballer in dispute with football club.
• 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 [2004] EWHC 2585 QB; [2005] EWCA Civ 895 (CA)
  Appeared for Jean Tigana in his successful claim following his sacking as Fulham’s manager.
• Advised a number of Premier League clubs, and other football bodies, 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.

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

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

Cricket

• Advised ECB.

Football

• Reading FC v Pardew

Snooker

• Hendry v World Snooker [2002] ECC 8
  Appeared in the first case under the Competition Act 1998 to go to trial in which the snooker player, Stephen Hendry, challenged the status of the World Snooker Association.

Athletics

• Modahl v British Athletics Federation (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.

• 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 (2000-2010).

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 (2^nd ed, 2008).
• Article in The Times, 13 March 2001, on new UEFA/EC football transfers regime.

Paul has advised and appeared in many commercial cases in the High Court (including QB, Chancery, Commercial Court, TCC and Appellate Courts) and arbitrations (such as LCIA) involving breach of contract, bonus and deferred remuneration claims, team moves, confidential information and trade secrets, restrictive covenants, cross-border disputes, LIBOR fixing, quantitative trading.

Many of these cases have an FSA or other regulatory background, and involve jurisdiction and applicable law issues. He has acted for banks, building societies, hedge funds, asset managers, other financial institutions and broking firms, as well as for senior executives working in the financial services sector.

He has also given expert evidence in foreign proceedings on English contract law and restraint of trade.

Many of these commercial cases appear in the ‘Employment’ section above.

After completing undergraduate and postgraduate degrees, taught law at St Edmund Hall, Oxford from 1982 to 1984.

Other Information:

VAT registration number:  397190906