Emma Smith

Call: 1995
   
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Clerk: Oliver Parkhouse
020 7269 0345
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EMMA'S PRACTICE AREAS

Employment & Discrimination
Professional Discipline
Emma's Profile
 
Employment & Discrimination
Emma has extensive experience in the areas of employment and discrimination law and acts on behalf of claimants and respondents. Her lay clients range from private individuals to companies, commercial organisations and financial institutions, public sector employers, trade unions and their members.
 
Her work involves advising and appearing in a wide range of matters concerning individual and collective employment rights, including unfair and wrongful dismissal, claims involving redundancy and consultation, actions for breach of contract (including PHI claims), and restrictive covenants.
 
Emma's practice also encompasses all forms of discrimination and victimisation under the equality legislation as well as whistle blowing claims and those brought in relation to trade union and other activities . She also has experience of discrimination cases in the county court arising out of goods and services.

Reported cases:

  • Jones v. Sirl & Sons [1997] IRLR 493
  • J P Morgan Europe Ltd v Chweidan [2011] IRLR 673
 
Recent cases include:
 
  • Acting for employer and individual respondents in the ET resisting claims brought by a former employee for sexual harassment, harassment and direct discrimination on multiple grounds, victimisation and unfair dismissal.
  • Mars v. Barnet Enfield and Haringey Mental Health Trust (2011 - present) ET and EAT UKEAT/0052/12 (instructed on behalf of the respondent employer resisting claims of unfair dismissal, alleged detriments/dismissal for whistleblowing, disability discrimination). Successful appeal to the EAT in relation to the finding of unfair dismissal, now remitted to the ET.
  • Bleasdale v. Healthcare Locums PLC and others (2012) ET (acting for PLC and 3 of 4 named respondents in claims brought by former CEO for unfair and automatic unfair dismissal, sex discrimination, victimisation, including whistleblowing).
  • Chweidan v. J P Morgan Europe Ltd (2008 - 2011) ET, EAT UKEAT/0286/09/JOJ and Court of Appeal [2011] EWCA Civ 648 (acting for the respondent employer in respect of claims of unfair dismissal, disability and age discrimination).
  • Andrew v. Dawsons LLP (2010 - 2011) ET (instructed on behalf of the respondent, a firm of solicitors, in claims for disability discrimination, victimisation and detriments on grounds of alleged protected disclosures brought by a former consultant to the firm).
  • Kelly v. Royal Mail (2008 - 2011) ET, and EAT UKEAT/0001/11/JOJ (instructed on behalf of the claimant in a case of unfair dismissal, upheld on appeal).
  • Herbert v. Northern Trust (2011) ET (acting for the former employer in claims concerning multiple allegations of race discrimination, victimisation and unfair dismissal).
  • Collier v. Credit Suisse (2011) ET (acting for the respondent in claims alleging detriments and constructive dismissal under the whistle blowing legislation).
  • Warley v. Opera Solutions LLC (2011) QBD (acting for the claimant, a former consultant to a management consultancy firm, in claims for breach of contract).
  • Instructed on behalf of a self employed financial adviser in claims for breach of contract in the county court brought against the firm on whose behalf he had been providing services.
  • Semple and others v DCE (2010) ET (acting for the respondent in claims brought by 3 claimants for age discrimination and unfair dismissal arising out of redundancies).
  • Dolan v. Chief Constable of Avon & Somerset (2007 - 2010) ET and EAT (instructed on behalf of the claimant, a former police officer, in claims of disability discrimination and constructive dismissal, including two appeals to the EAT by the respondent UKEAT/0522/07/MAA and UKEAT/0295/09/DM).
 

LEADING CASES

Royal Mail Group Ltd v. K Kelly
 
  EMMA SMITH'S...    
 
LATEST NEWS
Kate Bleasdale v. Healthcare Locums Plc
JP Morgan Europe Ltd v Chweidan [2011] EWCA Civ 648
Farrer & Co; Laurence Stracey Memorial Debate 2009
 
 
 
 
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