 Michael's principal area of practice is employment law, both individual and collective, including areas such as equal pay, industrial action and trade union law. His practice also includes judicial review, human rights, data protection, health and safety and public inquiries.
Michael has been listed as a leading junior barrister in all the main directories for many years. The Legal 500 described him as "the cleverest junior at the Bar" (2007, 2008). In Chambers and Partners he has been referred to as "extremely bright" (2007), "approachable and effective - an unsung hero" (2006), "phenomenally bright - in a different league" (2005), "clever and thorough - an astonishingly good claimant counsel..a class act" (2003-4) and "truly excellent" (2001-2).
Michael has appeared in the European Court of Justice, the European Court of Human Rights and the House of Lords, as well as in many other appellate jurisdictions and in public inquiries. Some of the leading cases in which Michael has been instructed are the following:
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Williams v. British Airways
[2009] IRLR 491, [2009] ICR 906, CA: a claim brought by 1000s of pilots in relation to payments for annual leave. The case will be heard by the Supreme Court after permission to appeal was given by the House of Lords.
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Stringer, Ainsworth and others v. HM Revenue and Customs,
Case No. C-520-06, [2009] IRLR 214, [2009] ICR 932 (ECJ); [2009] IRLR 677, [2009] ICR 985 (HL). The ECJ decided that under the Working Time Directive workers on sick leave (i) either must be allowed to take annual leave while sick to carry annual leave over to later leave years; and (ii) are entitled to unreduced compensation for untaken holiday on termination of employment. Subsequently the House of Lords upheld the workers’ appeal and decided that a claim for holiday pay under the Working Time Regulations can be brought as a claim for unlawful deduction from wages.
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Ahsan v. Carter [2008] IRLR 243, [2008] ICR 82: the House of Lords determined that complaints against political parties cannot be brought in the employment tribunal under s.25 of the Race Relations Act 1976.
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Grundy v. British Airways [2008] IRLR 74, CA and [2008] IRLR 815, CA (No. 2): one of the leading authorities on the assessment of discrimination under the Equal Pay Act. In a separate judgment the Court of Appeal rejected BA's argument on justification.
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ASLEF v. United Kingdom [2007] IRLR 361: the European Court of Human Rights held that UK law, prohibiting ASLEF from expelling BNP members, was in breach of Article 11 of the Convention. As a result of the judgment, the government amended s.174 of TULRCA 1992.
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Robertson v. DEFRA [2005] ICR 750, CA, the leading domestic authority on the scope of comparisons permitted under the Equal Pay Act and Article 141.
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Beckmann v. Dynamco Whicheloe [2002] IRLR 578, [2003] ICR 50: the ECJ held that the exclusion of pension liabilities from a transfer under the Acquired Rights Directive did not apply to an early retirement pension payable in the event of redundancy. The decision led to many successful High Court actions.
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Allen v. AMCO
[2000] IRLR 119, in which the European Court of Justice ruled that the Acquired Rights Directive applied to transfers within a corporate group.
Michael is the editor of Redgrave's Health and Safety and has written extensively on employment law and human rights law. A former solicitor with Slaughter and May and a Lecturer in Law at the Universities of Manchester and London, Michael is a fee-paid Employment Tribunal Judge, a member of the EC of the Institute of Employment and a Trustee of the Bat Conservation Trust (which he regularly advises on wildlife law).
He was once a member of the Great Britain cycling road squad; he is currently doing a biology degree.
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Latest Seminar Video:
Stringer, Ainsworth & others v HM Revenue & Customs - 15 June 2010
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