“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
- Transfers of undertakings (TUPE)
- Illness-related disputes
- Non-competition, restrictive covenants and restraint of trade
- Gardening leave
- 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.
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:
- Network Rail
- 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  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  I.C.R. 581;  I.C.R. 581;  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  UKEAT/0234/16 (27 January 2017)
Meet the team
Employment Appeal Tribunal finds ET had wrongly applied a “but for” test for causation and findings of discrimination arising from disability could not stand.
Kerr J has delivered judgment in the case of DWP v Robinson EAT 0021/19, an important decision confirming that it is insufficient for a Claimant to argue, on a claim under section 15 of the Equality Act 2010, that “but for” their disability they would not have been...read more
Please follow the links below for the latest newsletter from our Employment team; Employment Update Featuring; diversity in the workplace and Five minutes with.......read more
EAT determines Tribunal erred on issue estoppel, unfavourable treatment and the test for proportionality.
HHJ Auerbach recently handed down judgment in the case of Aston v the Martlet Group UKEAT/0274/18/BA, a multifaceted disability discrimination case which considers, amongst others things, the correct approach to analysing claims under section 15 of the Equality Act...read more
Court of Appeal determines that hirer and agency equally liable to compensate workers for wages’ shortfall under Agency Worker Regulations 2010
In their long-running and hard-fought litigation against London Underground Limited (LUL) the claims of 31 agency workers for compensation for unpaid wages have been upheld by the Court of Appeal (London Underground LTD -v- Adelaide Amissah and Others  EWCA Civ...read more