Paul is widely recognised as one of the top silks in employment law. He regularly appears in the High Court, Employment Tribunal, the appellate courts and arbitrations (both as arbitrator and advocate). He has been involved in many of the leading cases involving restrictive covenants and team moves, whistleblowing, discrimination, employment status and bonus claims. 

Much of Paul’s practice concerns disputes involving financial institutions and professional service firms, often with a regulatory dimension, as well as cross-border disputes. He has recently appeared in cases arising out of regulatory investigations into LIBOR, FX and sanctions breaches. 

Paul is also highly experienced in sports law, and is a member of the Football Association’s Judicial Disputes Panel.

Paul is highly recommended in both of the leading independent legal directories, Chambers UK and Legal 500.  In December 2013, Paul was ranked in Chambers UK’s inaugural listing of the top barristers practising at the Bar of England & Wales:

  • “Paul Goulding QC is among the most accomplished employment practitioners currently at the Bar.”
  • He is described by interviewees as a practitioner in possession of "superb analytical skills aligned with an ability to present advice to client in a clear and concise way.
  • He is also admired as an "exceptionally thorough and committed" individual who "will leave no stone unturned". 

Experience

Shortlist

Employment

Paul’s pre-eminence in the Employment field is endorsed by his ‘star’ ranking in Chambers UK for many years.  His practice covers the most demanding cases in this field and the extensive nature of his practice is demonstrated in the more detailed breakdown given in the sections below, Employee Competition, Whistleblowing, TUPE, Discrimination & Equal Pay, Bonus & Remuneration, and Employee Status & Contracts. A small sample of cases from his entire practice is given here.

Cases

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Employee Competition

For many years Paul has specialised in the law relating to restrictive covenants, confidentiality, garden leave, and the duties of employees, directors and partners not to compete unfairly. He recently appeared in Imam-Sadeque v BlueBay (a case involving garden leave and team moves), and is currently instructed in Petter v EMC which is due to be heard in the UK Supreme Court in November 2016 (a cross-border dispute involving forfeiture of deferred stock for competition giving rise to proceedings in Massachusetts and England).

Paul is the Editor of the leading textbook Employee Competition: Covenants, Confidentiality, and Garden Leave (3rd ed, 2016), and a contributor to the American Bar Association publication, Restrictive Covenants and Trade Secrets in Employment Law: An International Survey.

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Whistleblowing

Paul regularly advises on whistleblowing claims which, by their nature, are highly commercially sensitive. Often whistleblowing claims arise in a regulatory context, and are made alongside other claims, such as for discrimination, unfair dismissal or unpaid bonuses. Some whistleblowing cases go to trial; many settle before trial.

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TUPE

Throughout his career, Paul has appeared in many TUPE cases. Some of these involve the preliminary question of whether there was a TUPE transfer. Others include claims of failure to consult, dismissal following a transfer or the enforcement of restrictive covenants post-transfer. 

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Discrimination

Paul has appeared in many sex, race, disability and religious discrimination and equal pay cases in employment tribunals. These have included the leading Court of Appeal cases of Bahl v The Law Society and Madarassy v Nomura.

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Bonus & Remuneration

Much of Paul’s work involves disputes about pay, especially in financial institutions. These include bonus claims, forfeiture of deferred pay, and the application of malus and clawback provisions.

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Employment Status & Contracts

Many of Paul’s cases concern contractual disputes in employment including disputes about the status of workers, the duties owed by of employees, directors or partners, and whether they have been breached.

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Financial Services

A large part of Paul’s practice involves disputes relating to financial services, often with regulatory aspects, such as disciplinary action taken by banks following regulatory investigations.

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Sport

Paul has advised and appeared in a number of sports law cases, covering a range of sports and he is recognised as a leading silk in this field in Chambers UK 2016.

Paul has Chaired FA Commission hearings as a member of the Football Association Judicial Panel. He has undertaken a range of work including advising a football club in defending an unfair dismissal claim brought by a former manager, appeared before a Tribunal in a dispute between a football club and the football manager’s representative.  He has advised a premiership footballer in a dispute with his football club and 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. His cases include Sheffield Utd FC v The Premier League, “The Tevez case”, Fulham FC v Tigana, and Reading FC v Pardew

In other sports areas he acted in Hendry v World Snooker, and Modahl v British Athletics Federation. He has acted in various disputes involving formula one racing teams and in tennis in cases such as Korda v ITF. He has advised the English Cricket Board and acted for a Director of Rugby in his dispute with his rugby club, and advised other rugby union players on their employment contracts. He has also advised rugby league clubs on constitutional matters.

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Commercial

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 setting, quantitative trading in the context of employment disputes. 

Many of these cases have an FSA/FCA or other regulatory background, and involve jurisdiction and applicable law issues. He has acted for banks, building societies, hedge funds, asset managers, broking firms and other financial institutions, 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.

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Arbitration

Paul has appeared in arbitrations, both as an arbitrator and as an advocate.

He is a Specialist Member of the Football Association Judicial Panel, and a Member of the Chairman’s Panel of Arbitrators of Sports Resolutions. In these capacities he has conducted many hearings, most notably disciplinary hearings pursuant to the rules of the Football Association. 

As an advocate, he has appeared before arbitral tribunals set up by regulatory bodies, private associations, and also under the rules of the London Court of International Arbitration (LCIA).

In 2013, he was appointed as a sole arbitrator to conduct an arbitration under LCIA rules in relation to an employment dispute.

Achievements

Publications

  • Editor of Employee Competition: Covenants, Confidentiality, and Garden Leave (OUP, 3rd ed, 2016)
  • Member of ELA Working Parties on the Government’s Call for Evidence on Non-Competes (2016); Arbitration & ADR (2016); the EU Trade Secrets Directive (2015)
  • Chapter on Employment Law in Butterworths’ Sport: Law & Practice (3rd ed, 2014)
  • Contributor to Restrictive Covenants and Trade Secrets in Employment Law: An International Survey (American Bar Association and BNA Books, 2010 and updated annually)
  • Contributor to Tolley’s Discrimination in Employment Handbook (2nd ed, 2011)

Appointments

  • Bencher of Middle Temple (2011)
  • Appeal Board Chairman and Specialist Member of the Football Association Judicial Panel (2008-present)
  • Member of the Chairman’s Panel of Arbitrators of Sports Resolutions (2000-present)
  • Chaired numerous Football Association Appeal Boards (2000-2010)
  • Member of the Executive Board of the European Employment Lawyers Association (2001-2005)
  • Chairman (1998-2000) and Vice-President (2000-2004) of the UK Employment Lawyers Association (1998-2004) 
  • After completing undergraduate and postgraduate degrees, taught law at St Edmund Hall, Oxford (1982-1984)

Memberships

  • Chairman of the Employment Lawyers Association (ELA) from 1998-2000, and member of its Management Committee from 1992 to 2004
  • Member of the European Employment Lawyers Association (EELA) Board 2000-2004. Currently a member of EELA’s working party on arbitration
  • Member of the Employment Law Bar Association, the Bar European Group and the Industrial Law Society
  • Member of the British Association for Sport and Law
  • Member of the London Court of International Arbitration

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