In a multiple case legal dispute, Payone GmbH, a subsidiary of Worldline SA and a prominent card payments company, finds itself entangled in a fiercely contested legal battle. As the eagerly awaited judgments from the Watford Employment Tribunal and the London Central Employment Tribunal (awaiting trial) loom on the horizon, an unexpected development in the High Court has added a new twist to this unfolding saga.
The legal proceedings have been likened to a David versus Goliath battle, with the former employee representing himself against Payone GmbH’s legal team from Orrick, Herrington and Sutcliffe (UK) LLP, led by Counsel. During the hearing at the High Court King’s Bench Division in May 2023, the former employee argued his position, as he had done during the injunction proceedings.
Following the hearing in May 2023, written exchanges took place between the parties regarding the drafting of the Order.
The relevant documents are disclosed to the Financial Conduct Authority as well as it’s German equivalent authority.
The ex-employee raised technical issues concerning the deletion of a substantial number of confidential documents attached to emails he had sent. The former employee claimed that he lacked the necessary software to delete these documents from at least one of his email accounts. Based on the information available, the court made a modification to its initial order, which allowed the former employee to retain the documents attached to emails sent after the termination of his employment. This modification, viewed from another perspective, can be seen as a refusal of the claimant’s injunction application, as it did not grant the requested relief. The relevant relief sought included whole deletion but only partial.
The unexpected turn of events in the High Court decision sheds light on the complexity of the case and the challenges faced by all parties. It is noteworthy that Payone GmbH’s delay in initiating the legal proceedings influenced the court’s decision. As a result, the former employee was allowed to retain the confidential documents subject to the order, with a restriction on disclosing their contents. This outcome emphasises the importance of timely action in legal matters and its impact on the court’s rulings.
Within the context of the upcoming judgments, the Watford Employment Tribunal and the London Central Employment Tribunal trials hold significance in determining the overall outcome of the litigation. The Watford Employment Tribunal’s judgment (3303093/2021) will address the alleged incidents of race discrimination, including the presence of a blackface character at a Payone GmbH Christmas party and an allegedly racist joke made by Florian Risch. Although he denies it constituted racial harassment and was not a joke, Payone GmbH supports his position. Conversely, the London Central Employment Tribunal trial, scheduled for 27 June 2023, focuses on protected disclosures detriment (2206197/2022). The decisions reached in these tribunals carry substantial weight and may significantly impact the wider litigation, with ramifications extending to all parties involved. Observers keenly await the outcomes, as they may provide valuable insights and potentially reveal any underlying connections to the timing of the injunction application.
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While the injunction presented challenges for both parties, the court ordered the former employee to a delivery up of hard copy documents and deletion of confidential electronic documents.
Loopline Media has engaged in discussions with the legal representatives of Payone GmbH, who have acknowledged receipt of the article. However, despite these communications, no mutual agreement could be reached regarding the publication of the article in its current form.
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