Employment

a personal service that other chambers all too frequently fail to provide

Legal 500 2016

Our employment team provides expertise on all aspects of employment law, from discrimination to whistleblowing. As well as offering advice to prevent workplace disputes from arising, we can also represent both employers and employees in tribunals, the EAT as well as the High Court and appellate courts.

Our employment team is 18 members strong, including a fee paid employment judge, the Jersey Employment and Discrimination Tribunal’s deputy chairman, a legally qualified chair for police disciplinary tribunals, a disciplinary assessor for the ACCA and two treasury counsel members.

We are ranked in Chambers and Partners 2017 and the Legal 500 2017 for employment. Members of the team have been described as: “very bright”, “user friendly for clients”, “very easy to deal with”, having “a very strong eye for detail” and the ability to deliver “fantastic results for the clients”.

Our barristers are members of the Employment Law Bar Association and/or the Employment Lawyers Association. We are also part of the ELAAS scheme, providing pro bono representation in the Employment Appeal Tribunal, and we volunteer on the ELA’s mentoring scheme.

The employment team offers regular seminars for barristers and solicitors in our conference suite and in-house to our clients. Details are available on request.

Areas of expertise

We appear for both employers and employees before the Employment Tribunal, the EAT, the High Court and the appellate courts. Our barristers provide advice and advocacy in the full range of employment matters, including:

  • Unfair, constructive and wrongful dismissal
  • Redundancy and employer insolvency
  • Discrimination, equal pay and equality law
  • Whistleblowing
  • Transfers of undertakings (TUPE)
  • Illness-related disputes
  • Non-competition, restrictive covenants and restraint of trade
  • Gardening leave
  • Injunctions
  • Local authority matters

We advise in and conduct High Court actions concerning contractual employment disputes including those involving injunctive relief to enforce covenants or fiduciary duties. Our barristers also advise in more specialist areas such as health and safety, psychiatric injuries, industrial relations and union activity, aggravated and exemplary damages, costs and the liability of public bodies.

Our clients

We are a leading set for employment and discrimination law and a first port of call for advice and advocacy for a growing number of high profile law firms and lay clients, including:

  • BAA
  • Network Rail
  • EE
  • GlaxoSmithKline
  • J D Wetherspoon
  • Unions including UCATT, UNISON and Unite

We are also regularly instructed by police forces and local authorities throughout the country.

Recent notable cases

  • Tree v South East Coastal Ambulance Service NHS Foundation Trust UKEAT/0043/17/LA Successful for employee appellant regarding correct approach of ET to making deposit orders in discrimination claims.
  • Agarwal v Cardiff University & Cardiff Health Board [2017] I.R.L.R 600 Successful for University in appeal concerning jurisdiction of ET to determine employment terms of clinical academics.
  • Amissah & Ors v London Underground Ltd UKEAT/0187/16  [2017] I.C.R. 581; [2017] I.C.R. 581; [2017] I.R.L.R. 318 Successful for group of agency workers concerning assessment of compensation under Agency Worker Regulations.
  • Dhami v Tesco Stores Ltd (1401646/2016)
  • Dunn v Secretary of State for Justice and HMIP [2017] UKEAT/0234/16 (27 January 2017)

Meet the team

Employment news

Order limiting claims is perverse

The EAT has handed down judgment in Dr L Tarn -v- Dr N Hughes and Others, holding that the tribunal judge had been perverse in limiting the Claimant’s claims to her ten most serious and recent claims.  The Claimant, a GP working in partnership with the Respondents,...

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Employment Group Update

Please click the link below for our latest Employment Update. Employment Update - Summer 2018. Featuring; Firefighters shifts, Whistleblowers and The Gender Pay Gap  ...

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Compensation for Discrimination seminar

David Mitchell and Tom Kirk present a practical overview of how Tribunals approach the computation of awards in discrimination claims, covering recent developments on the following topics: 1. Injury to feelings, the Vento bands and the 10% uplift; 2. Aggravated...

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