Insurance giants Howden and Aon head to court over poaching ‘raids’
Insurance giants Howden and Aon head to court over poaching ‘raids’ | Insurance Business America
Insurance News
Insurance giants Howden and Aon head to court over poaching ‘raids’
High Court to start hearing issues over marine, cyber and international insurance spat
Insurance News
By
Matthew Sellers
When PE-backed intermediary Howden apologised for “unlawful recruitment” late last year, the company must have hoped that it could stop focusing on legal issues, and get back to the important business of growing its insurance empire. However, within weeks, David Howden’s eponymous insurance company was served with another writ – again for what might be termed aggressive hiring policies.
This time, it was global broker Aon with a lawsuit naming 11 defendants, including the company, its reinsurance branch, vice-chair Elliot Richardson, and CFO Ahmed Farooq. The legal action wasn’t just aimed at the hirer, but also aimed at Aon’s ex-employees including Luke Foord-Kelcey (previously head of cyber at Aon’s reinsurance solutions) and Antonio Jorge Rodrigues (who was Aon Re Brazil CEO).
Aon has armed itself with law firm Lewis Silkin, which boasts one of the country’s largest employment teams of 170 lawyers headed by Richard Miskella. Howden is facing them off with Mishcon de Reya.
The first volleys of this latest legal headache for Howden will be heard later today as the pair head to court to argue jurisdictional issues in what has been pencilled in as a two-day hearing. It is highly likely that Mishcon de Reya will be attempting to exclude the Brazilian claims from the UK’s courts – Brazilian law frowns on restrictive covenants so if the case were to be heard in that country, Howden’s arguments (for those employees) would benefit from a legal tail wind.
In Brazil, there are no legal restrictions preventing employees from joining a competitor after their employment ends, and such non-compete clauses are not legally recognised. It is considered a fundamental right for individuals to work freely without such constraints. While these clauses are common in other countries, they are often viewed unfavourably in Brazil.
It remains to be seen whether the company will agree to settle again, or whether, this time, it feels it is better to dig in and see the battle out.
Who’s suing, who’s getting sued
The claimants in KB-2023-004487 Aon UK Ltd and others v Howden Group Holdings Ltd and others front of Master Dagnall today in Court 21 are:
1.
Aon UK Limited
Lewis Silkin
2.
Aon Brasil Corretora De Resseguros Limitida
Lewis Silkin
3.
Aon plc
Lewis Silkin
The defendants being represented in Court 21 will be:
1.
Howden Group Holdings Limited
Mishcon de Reya
2.
Howden Group Services Limited
Mishcon de Reya
3.
Howden Reinsurance Brokers Holdings Limited
Mishcon de Reya
4.
Howden Reinsurance Brokers Limited
Mishcon de Reya
5.
Tigerrisk Partners (UK) Limited
Mishcon de Reya
6.
Howden Re Corretora De Resseguros Limitida
Litigant in Person
7.
Howden Brasil Consultoria E Corretora De Seguros Limitida
Litigant in Person
8.
Richardson, Elliot
Mishcon de Reya
9.
Farooq, Ahmed
Mishcon de Reya
10.
Reina, Massimo Antonio
Litigant in Person
11.
Foord-Kelcey, Luke
Greenwoods Legal LLP
12.
Rodrigues, Antonio Jorge Da Mota
Stewarts
Can competitors steal your staff?
The term “poaching” refers to when an employer actively approaches someone who is already working with an organisation. This is opposed to the usual recruitment process and advertising a vacancy.
According to Worknest.com, there is no law that directly prevents one organisation from taking staff from another. However, legal issues can arise, if, for example, a contract has been signed by a hiring manager with a non-poaching clause – that would make enticing ex-colleagues to take up a new role within that time period, a breach of contract.
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