Toby Kempster

Call: 1980
   
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Clerk: William Meade
020 7269 0360
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TOBY'S PRACTICE AREAS

Employment & Discrimination
Personal Injury
Public Inquiry
Toby's Profile
 
Employment & Discrimination
Toby specialises in all aspects of employment law, acting for both employers and employees. Clients include NATS, Health and Local Authorities, the Corporation of London, Surrey Police and the Metropolitan Police. In addition to dealing with statutory claims (in respect of individual and collective rights) he also focuses on contractual disputes, including restrictive covenants, bonuses and PHI claims. This work has resulted in numerous injunction hearings

Toby regularly speaks at seminars and workshops on employment law issues and is involved in training programmes for both clients and lawyers.

Toby is recognised in Chambers & Partners and Legal 500 Directory as a leading employment lawyer.

Reported Cases:
  • Council of Isle of Scilly v. Brintel Helicopters [1995] ICR 249 - EAT decision concerning the application of the Transfer of Undertaking Regulations to the contacting-in of a previously contracted out service and whether an "undertaking" could be properly identified.
  • Healey v. Bridgend County Council [2004] ICR 561 - Court of Appeal decision concerning the manner in which a contract of employment had been terminated, and whether the employee had been dismissed or had resigned.
  • Griffiths v. Salisbury District Council [2004] EWCA Civ 162 - Court of Appeal decision on incorporation of collective agreements.
  • Claydon House v. Bradbury  [2005] IRLB Issue 761 - EAT hearing concerning the assessment of compensation where dismissal unfair and discriminatory.
  • Shepherds Investments v. Walters [2007] IRLR 110 - High Court action arising from competitive activity by directors and senior employee,s involving consideration of legititmate preparatory activity, fiduciary duty and the duty of good faith.
  • Dathi v South Maudsley NHS Trust [2008] IRLR 350 - EAT authority concerning victimisation claims arising during litigation, and the issue of privilege.
 
 

LEADING CASES

Shepherds Investments v Walters
Claydon House Ltd v Mrs Hamilton-Bradbury
Healey v Bridgend County Borough Council
Lasertop Ltd v Webster
Johnson v British Midland Airways
Pounder v London Underground Ltd
Isles of Scilly v Brintel Helicopters
Alexander & Ors v Standard Telephones Cables Ltd (No.2)
Alexander v Standard Telephones & Cables Ltd
 
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