Hilary Winstone

HILARY's PRACTICE AREAS

Hilary has a very busy employment practice, undertaking cases involving sex, race and disability discrimination, unfair dismissal, redundancy, the various regulations, including the National Minimum Wage, Working-Time and Part-Time Workers Regulations and TUPE. She has extensive experience in employment related matters within the local authority structure, dealing with both internal policies and mediation. Hilary has advised major firms on their ongoing employment policies and been involved in equal opportunities training and education. Hilary is known as a very 'hands on' lawyer who likes to work as part of a team with her solicitor from the earliest possible stage and as a part of the ongoing service provision.

Hilary has undertaken a number of emergency injunctions (including drafting of the relevant documents) on behalf of clients to enforce or defend breaches of restrictive covenants or non-solicitation clauses.

Some Notable EAT Cases:

• London Borough of Sutton v. Kester, March 2007, an appeal where she successfully argued that the tribunal had substituted its own decision for that of the employer.

• Meadowstone Ltd v. Kirk & Hill EAT February 2006, Hilary successfully represented the Claimants, two Directors of the Company, who were declared wrongfully and unfairly dismissed in a robust tribunal decision in Nottingham. The Company appealed to the EAT and Hilary (accompanied by Rohan Pirani) successfully defended. The Company threatened to go to the Court of Appeal, where Hilary was instructed on a joint basis by both Respondents, but the case eventually settled.

• Craddock v. Cornwall County Council & Others, December 2005, an indirect discrimination/part time workers regulations claim brought by a teacher returning from maternity leave who was refused part time working. The majority of the Truro tribunal rejected the claim (against vociferous minority support for the Claimant) but the case was won on appeal in the EAT.

• Stoneygate 140 Limited v. Hammond & Essentials Ltd - restrictive covenant, hairdressing dispute involving an initial injunction.

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