John Hendy QC

Call: 1972
Silk: 1987
   
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Clerk: William Meade
020 7269 0360
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JOHN's PRACTICE AREAS

Employment & Discrimination
Public Inquiry
Health & Safety
Professional Discipline
Personal Injury
John's Profile
 
Employment & Discrimination
John practises particularly in the field of industrial relations, industrial disputes and trade union law, including trade union rules and elections, recognition for collective bargaining. He has a niche specialism in professional disciplinary cases, particularly in relation to injunctions in the High court. He also deals with employment more generally.
 
Recent reported cases include:
 
European Court of Human Rights
  • ASLEF v. UK [2007] IRLR 361 Trade union freedom - expulsion of fascists
 
House of Lords
  • Derbyshire v. St Helen's BC [2007] ICR 841; [2007] 3 All ER 81; [2007] IRLR 540 - Victimisation in discrimination in attempt to settle equal pay claim
 
Court of Appeal
  • Wain v. Guernsey Ship Management Ltd [2007] 1 ICR 294 - TUPE - economic entity
  • Mezey v. SW London & St George's Mental Health NHS Trust (No.1) [2007] IRLR 237 - Injunction to restrain suspension from employment upheld
  • British Medical Association v. Chaudhary [2007] IRLR 800 - Race discrimination
  • McConnell v. Bombardier Aerospace Short Bros plc [2009] IRLR 201 (Northern Ireland Court of Appeal) - Availability of interim relief for active trade unionists selected for that reason in a genuine redundancy
  • Kulkarni v. Milton Keynes NHS Foundation Trust [2009] IRLR 829 - Injunction: employing Trust to permit legal representation of doctor in disciplinary hearing; contractual term and Art.6 ECHR
  • Metrobus Ltd v. UNITE the Union [2009] IRLR 851, [2010] 1 ICR 173 - Injunction, right to strike and Article 11, ballots and notices
  • Mezey v. SW London & St George's Mental Health NHS Trust (No.2) ­[2010] EWCA Civ 293 - injunction to restrain disciplinary proceedings
  • Milford Haven Port Authority v. UNITE the Union [2010] EWCA Civ 400 - strike injunction, requirements of notice of industrial action
  • National Union of Rail, Maritime and Transport Workers v. EDF Energy Powerlink Ltd [2010] EWCA Civ 173 - Injunction to restrain strike - notice of ballot challenged
  • British Airways v. UNITE the Union [2010] IRLR 809 - strike injunction - notice of ballot result to members
 
High Court
  • Ministry of Justice v. Prison Officers Association [2007] IRLR 380, [2008] 1 ICR 702 - Injunction against industrial action in breach of no-strike agreement
  • Chan v. Barts & the London NHS Trust [2007] EWHC 2914 (QB) - Contract of employment, doctor-gross misconduct, terms of contract and disciplinary procedure
  • Lakshmi v. Mid Cheshire Hospitals NHS Trust [2008] IRLR 956 (QB) - Contract of employment, duty of mutual trust and confidence, doctor - breaches of procedure including internal appeal
  • Parkes v. Secretary of State for the Home Department [2008] EWHC 3107 (Admin) - Meaning of "conflict of interest" in legal representation
  • Royal Mail Group v. Communication Workers Union [2009] EWHC 1819 (QB) - Injunction to restrain strike - balloting constituency
  • EDF Energy Powerlink Ltd v. National Union of Rail, Maritime and Transport Workers [2010] IRLR 114 (QB, Blake J) - Injunction to restrain strike - notice of ballot challenged
  • British Airways plc v. UNITE the Union [2010] IRLR 423 (QB Cox J) - Injunction to restrain strike - notices and validity of ballot
  • Bateman v. ASDA [2010] IRLR 370 - appeal on whether standard variation clause in handbook can alter terms and conditions of employment
  • Malone and ors. v. British Airways plc [2010] IRLR 431 (QB Sir Christopher Holland) - claim for damages and injunction for changes to crew levels on aircraft - whether collective agreements incorporated and enforceable
 

LEADING CASES

Mezey v South West London and St George’s Mental Health NHS Trust
Milford Haven Port Authority v UNITE
Dr Kulkarni v. Milton Keynes Hospital NHS Foundation Trust
Baker v. Quantum
McConnell v. Bombardier Aerospace Short Bros plc
Lakshmi v. Mid Cheshire Hospitals NHS Trust
Ministry of Justice v. Prison Officers Association
Derbyshire & Others v. St Helens Borough Council
(1) Winifred Rice (2) Robert Thompson v. Secretary of State for Trade and Industry -and- Stuntbrand Line Limited
Wain & Ors v. Guernsey Ship Management Ltd
 
  JOHN HENDY's...    
 
LATEST NEWS
Potters Bar Inquest - the jury have decided...
Potters Bar Inquest
John Hendy QC and Marcus Pilgerstorfer in Legal Challenge to Anti-union Laws
British Airways strike: Ban lifted by Court of Appeal thanks to Old Square legal team
John Hendy QC & David Wilby QC selected for The Lawyer's Hot 100 2010
 
 
LATEST ARTICLES
Discipline and Injunctions
The Dramatic Implications of Demir and Baykara
HC(90)9 v MHPS: managers win after doctors’ own goal!
Employers' Discipline of Doctors in the NHS
Injunctions Brought by Employees
 
 
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Employment & Discrimination
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