This month, our team highlight key takeaways from the Court of Appeal's decision in the Benyatov v Credit Suisse case and explore factors for employers to consider when sending their employees overseas for work. We also take a look at the Employment Appeal Tribunal's (the “EAT”) finding in Ter-Berg v Simply Smile Manor House Ltd and others in relation to written terms and employment status. We outline the new guidance issued by the Competition and Markets Authority on avoiding anti-competitive behaviour for employers and provide an update on the progress of the Employment Relations (Flexible Working) Bill 2022-23.

1. Benyatov v Credit Suisse (Securities) Europe Ltd [2023] EWCA Civ 140: the High Court reaffirmed the Caparo Test:

   The facts:

   • Mr Benyatov (the "Claimant") was a London-based banker working for Credit Suisse (the "Bank") and had been advising on the purchase of a state-owned electricity company in Romania.
   • On 7 January 2007, the Claimant was charged with economic or commercial espionage and the initiation and establishment of an organised criminal group in Romania.
   • The Claimant was found guilty and was initially charged with 10 years in prison; although the Claimant denies any wrongdoing and a thorough investigation by the bank found no wrongdoing. The Claimant has not served his sentence to date.

   • In proceedings brought by the Claimant against the Bank, the Claimant sought to recover loss of earnings due to the conviction; since the conviction, the Claimant has...

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