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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
House of Lords
Court of Appeal
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Wain v. Guernsey Ship Management Ltd [2007] 1 ICR 294 - TUPE - economic entity
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Mezey v. SW London & St George's Mental Health NHS Trust (No.1) [2007] IRLR 237 - Injunction to restrain suspension from employment upheld
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British Medical Association v. Chaudhary [2007] IRLR 800 - Race discrimination
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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
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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
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Metrobus Ltd v. UNITE the Union [2009] IRLR 851, [2010] 1 ICR 173 - Injunction, right to strike and Article 11, ballots and notices
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Mezey v. SW London & St George's Mental Health NHS Trust (No.2) [2010] EWCA Civ 293 - injunction to restrain disciplinary proceedings
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Milford Haven Port Authority v. UNITE the Union [2010] EWCA Civ 400 - strike injunction, requirements of notice of industrial action
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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
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British Airways v. UNITE the Union [2010] IRLR 809 - strike injunction - notice of ballot result to members
High Court
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Ministry of Justice v. Prison Officers Association [2007] IRLR 380, [2008] 1 ICR 702 - Injunction against industrial action in breach of no-strike agreement
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Chan v. Barts & the London NHS Trust [2007] EWHC 2914 (QB) - Contract of employment, doctor-gross misconduct, terms of contract and disciplinary procedure
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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
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Parkes v. Secretary of State for the Home Department [2008] EWHC 3107 (Admin) - Meaning of "conflict of interest" in legal representation
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Royal Mail Group v. Communication Workers Union [2009] EWHC 1819 (QB) - Injunction to restrain strike - balloting constituency
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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
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British Airways plc v. UNITE the Union [2010] IRLR 423 (QB Cox J) - Injunction to restrain strike - notices and validity of ballot
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Bateman v. ASDA [2010] IRLR 370 - appeal on whether standard variation clause in handbook can alter terms and conditions of employment
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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
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