Simon practices in all areas of statutory and contractual/commercial employment law, but with a particular emphasis on (i) inter- business competition issues (Including confidential information, restrictive covenants and the poaching of employees in unlawful team moves), (ii) employee/business owner fraud, (iii) the attempted diversion of business opportunities by employee fiduciaries, and (iv) whistleblowing, discrimination and TUPE disputes. He also has considerable experience in disputes between LLP members and in the management and control of repeated/vexatious litigation. In the High Court, he regularly acts in fraud, business diversion and employee competition disputes. Recent reported and/or important cases include Sparta Global Ltd -v- Hayes [2024] IRLR 426 (threshold for interim relief), Red Bull -v- Fallows [2021] EWHC 3502 (QB) (restraint of trade and garden leave); Ferguson -v- Astrea [2020] IRLR 550 (beneficial transfer-related variations void under TUPE); Sattar -v- Citibank [2020] IRLR 104 (procedural fairness in dismissal and disability case); Capita –v- Darch [2017] IRLR 718 (thresholds for interim injunctive relief in team move disputes); Samara –v- MBI Partners [2016] EWHC 441 (QB) (abuse of process arising out of recidivist litigation); Dorma UK Ltd –v- Batemen [2015] EWHC 4142 (QB) (springboard relief arising out of an alleged team move); Thomson Ecology –v- APEM [2014] IRLR 184 (summary judgment and disclosure orders in team move cases); CEF Holdings -v- Mundey & Ors [2012] FSR 35 (obligations of a party moving the court without notice).
Called 1988, Gray’s Inn; tenant Chambers of Tony Bueno QC (5 Paper Buildings, Temple) 1989-2000; 11 King’s Bench Walk 2000; recent articles include ‘Garden Leave Injunctions in the Sporting Arena’ (ISLR January 2004).
ELBA.
King’s School, Canterbury; Magdalen College, Oxford (1986 BA (Oxon) Jurisprudence).