Andrew Midgley

Year of call 2000

CClerk

Paul Adams
020 7269 0305 Email Paul

Andrew is recommended as a leading junior in employment law in both the Legal 500 and Chambers and Partners, and most recently was ranked in the top tier of employment barristers in the Southwest Region in the Legal 500.  His clients describe him as follows:

  • An established and highly effective advocate whose practice includes discrimination and working time claims” - Legal 500 2014
  • Very approachable and good with clients - an excellent advocate." "An astute advocate, and incredibly easy to get on with." Chambers and Partners 2014
  • His technical expertise, as you would expect, is incredible." "He has an approachable and measured style of advocacy that instils confidence.” Chambers and Partners 2013
  • "Definitely one to watch." Sources say that "he displays fair and reasoned judgement" and is “very approachable.”  Chambers and Partners

Andrew is a registered Public Access Barrister and accepts instructions directly from clients in his area of practice.

He was appointed to the Attorney General's Regional Panel (South West) in 2010 and has been instructed in appellate work for the Government. Andrew was called to the Bar in 2000, having graduated from ICSL in the top 8% of the year. He read English at RHBNC, University of London, and undertook the first year of a part-time LLM at Bristol University, earning a First for his essay on agency workers.

Andrew’s principle area of practice is employment, discrimination law and human rights law, and all related contractual matters, and he has a growing reputation in civil and commercial matters.  He provides advice, support and representation in both contentious and non-contentious contexts, frequently drafting and advising in relation to contracts of employments and related contractual issues, and chairing disciplinary, appeal and other internal panels of enquiry and assisting and representing clients in mediations and arbitrations. To date he has represented both claimants and defendants at all stages of their case in the County Court and High Court, employment tribunal, Employment Appeals Tribunal and the Court of Appeal.

He regularly lectures and conducts external client seminars throughout the UK. He provides bespoke in-house training on all aspects of employment and discrimination and civil and commercial law. He has lectured and tutored at seminars and training events arranged by the Employment Lawyers Association for the South West Region and has spoken by request at the South West CIPD conference.

Andrew is often instructed in complex matters and/or claims where there are important points of principle or construction in issue by Unions, NHS Trusts, Government Departments, local authorities and private companies.

 

Professional Memberships

  • Employment Lawyers Association
  • Discrimination Law Association
  • Employment Law Bar Association
  • Industrial Law Society

Andrew's most recent cases include:

  • Unfair dismissal – In Dr Brito-Bapapulle v Ealing Hospital NHS Trust, Andrew successfully represented the respondent trust in the ET, EAT and Court of Appeal in a case considering the obligation to clarify disciplinary allegations prior to dismissal and the need for them to correlate with the reason for the dismissal.  J v S M a 12 day claim in which a head teacher (the designated Child Protection Officer) failed to report child protection concerns to Social Services.  The child was subsequently murdered by his mother.  The case centred upon the proper construction, interpretation and application of the relevant national and local Child Protection policies.
  • Discrimination – In Ward v Secretary of State for Work and Pensions Andrew successfully represented the Secretary of State in the EAT. In M v A acting for an employer, a firm of solicitors, defending multi-million pound claims for compensation and damages for personal injuries and loss of earnings bought by a director in the firm who had suffered two mental breakdowns whilst at work and subsequently suffered injuries causing her to be a paraplegic.
  • Whistleblowing -  Langton v Secretary of State for Health  instructed by the Secretary of State and the transferee employer in 4 week hearing to defend claims of detriment, victimisation, and unfair dismissal, discrimination and TUPE claims brought by a consultant following the dissolution of the PCT for which she worked.  Successfully defended claims for interim relief, in respect of which the claim went to the EAT.  Blanco Castro v Eville & Jones Ltd instructed by employer, the sole provider of Official Veterinarians in the UK, to defend whistleblowing and unfair dismissal claims concerning the interpretation and construction of the FSA’s statutory to prevent animal cruelty in the slaughter process.
  • Working Time and Holiday Pay Claims – in Fraser v Southwest London & St Georges Mental Health Trust successfully represented the respondent Trust against an appeal regarding the right to holiday pay.  Andrew is regularly instructed to advise and represent employers and employees in relation in holiday pay and sick pay claims.
  • Pension claims - in Andrews v Kings College Hospital NHS Trust  successfully represented the respondent Trust in the appeal which clarified the extent of an employer’s duty to notify part-time workers of their entitlement to join pension schemes, following the Preston line of authorities.
  • Injunctions, restrictive covenants and confidentiality - Andrew regularly advises and represents companies and individuals in relation to all forms of restrictive covenant, and all aspects of confidentiality.
  • Human rights - Andrew advised a multi-national PLC, which is a household name, as to the competing interests of the press to publish information under Article 10 and an individual’s rights under Article 8 ECHR.

Andrew has an extensive and established employment and discrimination practice. He represents employers and employees and is instructed by individuals, local authorities, NHS Trusts, private companies and Unions.  He regularly advises on the merits of finely balanced cases and appeals, drafts pleadings and undertakes advocacy at all stages of a case.

He is increasingly instructed to chair internal grievance and appeal hearings and to represent parties during mediation.

Areas of practice:

  • Discrimination, All forms of unlawful with a particular focus on disability, sex and race discrimination – examples include:
    • Ward v. Secretary of State for Work & Pensions successfully represented Secretary of State in the EAT in disability discrimination claim during which the EAT clarified the burden of proof provision and accepted that there need for a comparative exercise in claims of disability related discrimination.
    • Langton v. Secretary of State for Health - construction of interim relief provisions, and the effect of substitution.
    • Howard v Oxfam Ltd – pro-bono disability discrimination case for Oxfam concerning an engineer who suffered PTSD as a consequence of his deployment in Sudan and other areas of extreme humanitarian crisis.
    • M v A acting for an employer, a firm of solicitors, defending multi-million pound claims for compensation and damages for personal injuries and loss of earnings bought by a director in the firm who had suffered two mental breakdowns whilst at work and subsequently suffered injuries causing her to be a paraplegic.
    • Sante, Wood and Greaves v. 3G Retail - successful defence of 3G in an 8 day case including allegations of sex, sexual orientation and race discrimination, and unfair dismissal. One claimant alleged that she was subjected to a serious sexual assault by three managers. Costs orders were obtained against all the claimants;
    • Crawley v. HSBC - acting for HSBC's leading IFA for 8 years nationally in an unfair dismissal and sex discrimination case lasting 11 days;
    • Esara v. Guys and St Thomas' NHS Trust - successfully defending the Trust against claims of sex and race discrimination and victimisation in an 8 day tribunal;
    • Kinkela v. Modus (UK) Ltd - successfully defending the company against claims of unfair dismissal and victimisation in a tribunal lasting 7 days;
    • Mulford v. Environment Agency - successfully acting for the claimant who was awarded approximately £40,000 in a disability discrimination claim;
    • Legg v. Rubyzs Ltd - successfully acting for a heterosexual security guard in a claim for sexual orientation discrimination and unfair dismissal against her former employer, which operated as a gay bar. The case was reported in The Times, The Mirror and in HR and business publications nationally, being the first of its kind;
    • Bereczki & Ors v. Lynchford Tyres EAT/0296/07 - successfully representing four Hungarian mechanics in a claim for racial harassment and victimisation and non-payment of the minimum wage and the subsequent successful appeal against the level of damages awarded for race discrimination.

 

  • Unfair dismissal – In Dr Brito-Bapapulle v Ealing Hospital NHS Trust, Andrew successfully represented the respondent trust in the ET, EAT and Court of Appeal in a case considering the obligation to clarify disciplinary allegations prior to dismissal and the need for them to correlate with the reason for the dismissal.  J v S M a 12 day claim in which a head teacher (the designated Child Protection Officer) failed to report child protection concerns to Social Services.  The child was subsequently murdered by his mother.  The case centred upon the proper construction, interpretation and application of the relevant national and local Child Protection policies.

 

  • Equal pay and part-time pensions - Andrew is regularly instructed in multi-party and test claims relating to Agenda for Change in the NHS and the implementation of the Single Status Agreement in local councils. Cases of note:
    • Andrews v Kings College Hospital NHS Trust successfully representing the respondent Trust in the appeal which clarified the extent of an employer’s duty to notify part-time workers of their entitlement to join pension schemes, following the Preston line of authorities.
    • J v FSA successfully acting for an employee of the FSA in an equal pay claim during which the FSA was represented by Robin Allen QC.

 

  • Working Time Regulations and National Minimum Wage Regulations. Cases of note include:
  • Fraser v Southwest London & St Georges Mental Health Trust  successfully representing the respondent Trust against an appeal regarding the right to post-termination statutory holiday pay.
  • Miles v. Linkage Community Trust - This case had significant ramifications for all private and public institutions which employ shift workers who are required to sleep at their employer's premises.  The case determined that the effect of Regulations 10, 21, 22 and 24 of The Working Time Regulations is that the "compensatory rest" required by regulation 24 cannot be satisfied by non-working days in the workers' shift patterns, but must be additional to them, therefore requiring a considerable increase in the number of staff employed. Andrew successfully represented the Claimant.

 

  • Practice and Procedure - Reviews - British School of Motoring v. Fowler EAT (LTL 24/4/2006). The case considered the application of CPR 3.9 to reviews conducted under rule 33 and 36, in particular the need for a tribunal to allow the parties an opportunity to make representations, whether in writing or at a hearing, when conducting a review of its own motion even if (seemingly) at the request of one of the parties;

Other areas in which Andrew accepts instructions

  • TUPE
  • Wrongful dismissal and breach of contract,
  • Whistleblowing and victimisation
  • Applications for interim relief,
  • Overseas workers and worker/employment status

Andrew has considerable experience of company, commercial and contract law having first practiced in the area in 2000.  He is regularly instructed to provide urgent advice in relation to restrictive covenants, confidentiality obligations and injunctions, advising and representing both individuals and companies.

However, he undertakes a broad range of work covering the following areas:-

  • Negligent references – cases of note: Behbahani-Pour v. ATC Lasham - a negligent reference case arising from the aftermath of September the 11th. An Iranian aircraft engineer was alleged to have made inappropriate racist remarks shortly after the terrorist attacks and his employer referred the matter to Special Branch who investigated. The employer's reference stated that the employee was unfit to hold an airside pass and that Special Branch should be contacted if clarification was required. The case required the deposition and careful cross-examination of the Special Branch officers as the accuracy of their assessment of the security risk posed by the Claimant. Andrew successfully represented the Claimant who was awarded damages and interest in excess of £180,000.
  • Claims under the Protection from Harassment Act 1998.  Andrew is particularly experienced in this area. Recent cases include Moore v Bournemouth & Poole College, a claim in the County Court brought by a teacher who alleged that his manager had conduct a campaign to force his out, including fraudulently manufacturing letters of complaint, ostracising him and removing his responsibilities.
  • Fiduciary and directors duties
  • Restrictive covenants
  • Confidentiality
  • Share Disputes
  • Agency
  • Frustration
  • Bailment
  • Sale of Goods and Supply of Services Claims

 

Non contentious and advisory work

Given Andrew’s extensive court practice, he is able to provide realistic, commercial and pragmatic advice to professional and corporate clients, in a clear, accurate and comprehensive way, identifying risks and advantages is each proposed action or event.  His non-contentious work includes:

  • Drafting contracts, handbooks and other contractual and quasi-contractual policy documents – Andrew drafted the contracts of employment, and other policy documents for a leading set of London Chambers.
  • Conducting internal investigations and enquiries – Andrew conducted a grievance investigation for a top 4 multi-national consultancy, where an associate alleged she was the victim of sex discrimination and victimisation.
  • Chairing grievance and/or disciplinary panels Most recently Andrew chaired a disciplinary appeal in relation to a solicitor who had been dismissed for gross-negligence.

Andrew is instructed in road traffic, employer’s liability, occupier’s liability, public nuisance, defective premises and Consumer Protection Act cases. He drafts pleadings, and provides advice and representation for both claimants and defendants in fast track trials on both liability and quantum. His work is currently primarily fast track based but he undertakes interlocutory work on the multi track.

He has a particular interest in stress at work claims, given his extensive knowledge and understanding of the Protection from Harassment Act 1997, the Equality Act 2010 and his experience as an employment practitioner.

Andrew’s early common law practice affords him a thorough understanding of the processes and tactics of civil litigation and enables him to provide pragmatic and practical advice.  Similarly, his early experience at the Criminal bar, during which time he prosecuted and defended in the Magistrates Court and Crown Courts provides him with a detailed understanding of criminal law and practice, particularly in relation to motoring offences.


Andrew is ranked as a leading junior in employment law in both the Legal 500 and Chambers and Partners, and among the top tier of employment barristers in the Southwest Region in the Legal 500.  His clients describe him as follows:

  • Andrew is first class; very thorough, good with the client, and he's very personable." "A very polished advocate, respected by tribunals and by his opponents.” Chambers and Partners 2015
  • An established and highly effective advocate whose practice includes discrimination and working time claims” - Legal 500 2014
  • Very approachable and good with clients - an excellent advocate." "An astute advocate, and incredibly easy to get on with." Chambers and Partners 2014
  • His technical expertise, as you would expect, is incredible." "He has an approachable and measured style of advocacy that instils confidence.” Chambers and Partners 2013
  • "Definitely one to watch." Sources say that "he displays fair and reasoned judgement" and is “very approachable.”  Chambers and Partners 2012

 

He was appointed to the Attorney General's Regional Panel (South West) in 2010 and has been instructed in appellate work for the Government.

Andrew’s principle area of practice is employment, discrimination law and human rights law, and all related contractual matters.  He provides advice, support and representation in both contentious and non-contentious contexts, frequently drafting and advising in relation to contracts of employments and related contractual issues, and chairing disciplinary, appeal and other internal panels of enquiry and assisting and representing clients in mediations and arbitrations. He appears in the County Court and High Court, employment tribunal, Employment Appeals Tribunal and the Court of Appeal.

  • Langton v. Secretary of State for Health

    An employment tribunal could make an interim order for continuation of a contract of employment against the Secretary of State for Health where he had been substituted as the respondent...

  • Ward v. Secretary of State for Work & Pensions

    An employment tribunal had not erred in dismissing the disability discrimination claim of an employee who had been dismissed because of his unsatisfactory attendance record. The appellant (W) appealed against...

  • M Fraser v. South West London St George’s Mental Health Trust

    At the start of the substantive tribunal hearing of discrimination claims, a mental health trust was entitled to argue that the employment tribunal lacked jurisdiction because of the employee's failure...

  • West Hertfordshire Hospitals NHS Trust v. Evans

    An employment tribunal had correctly found that a health care assistant had been automatically unfairly dismissed where her employer had breached the statutory dismissal procedure under the Employment Act 2002...

  • Makro Self Service Wholesalers Ltd v. Rees

    An employment tribunal's approach in an unfair dismissal claim was fatally flawed where it had placed the burden of proof on the employer to establish reasonableness under the Employment Rights...

  • British School of Motoring v. C Fowler

    The employment tribunal had been wrong in law to direct that, by reason of its failure to respond to a claim for unfair dismissal, an employer should take no part...

  • See all cases

     

pAwards

2017 C&P Leading individual 2016 L500 Leading Individual C&P 2016 Ranked Barrister L500 2015 leading individual Chambers & Partners 2015 Barrister Legal 500 Top Ranked Barrister 2014 Ranked in Chambers & Partners 2014 Ranked in Legal 500 2013

Andrew is recommended as a leading junior in employment law in both the Legal 500 and Chambers and Partners, and most recently was ranked in the top tier of employment barristers in the Southwest Region in the Legal 500.  His clients describe him as follows:

  • An established and highly effective advocate whose practice includes discrimination and working time claims” - Legal 500 2014
  • Very approachable and good with clients - an excellent advocate." "An astute advocate, and incredibly easy to get on with." Chambers and Partners 2014
  • His technical expertise, as you would expect, is incredible." "He has an approachable and measured style of advocacy that instils confidence.” Chambers and Partners 2013
  • "Definitely one to watch." Sources say that "he displays fair and reasoned judgement" and is “very approachable.”  Chambers and Partners

Andrew is a registered Public Access Barrister and accepts instructions directly from clients in his area of practice.

He was appointed to the Attorney General's Regional Panel (South West) in 2010 and has been instructed in appellate work for the Government. Andrew was called to the Bar in 2000, having graduated from ICSL in the top 8% of the year. He read English at RHBNC, University of London, and undertook the first year of a part-time LLM at Bristol University, earning a First for his essay on agency workers.

Andrew’s principle area of practice is employment, discrimination law and human rights law, and all related contractual matters, and he has a growing reputation in civil and commercial matters.  He provides advice, support and representation in both contentious and non-contentious contexts, frequently drafting and advising in relation to contracts of employments and related contractual issues, and chairing disciplinary, appeal and other internal panels of enquiry and assisting and representing clients in mediations and arbitrations. To date he has represented both claimants and defendants at all stages of their case in the County Court and High Court, employment tribunal, Employment Appeals Tribunal and the Court of Appeal.

He regularly lectures and conducts external client seminars throughout the UK. He provides bespoke in-house training on all aspects of employment and discrimination and civil and commercial law. He has lectured and tutored at seminars and training events arranged by the Employment Lawyers Association for the South West Region and has spoken by request at the South West CIPD conference.

Andrew is often instructed in complex matters and/or claims where there are important points of principle or construction in issue by Unions, NHS Trusts, Government Departments, local authorities and private companies.

 

Professional Memberships

  • Employment Lawyers Association
  • Discrimination Law Association
  • Employment Law Bar Association
  • Industrial Law Society

Andrew's most recent cases include:

  • Unfair dismissal – In Dr Brito-Bapapulle v Ealing Hospital NHS Trust, Andrew successfully represented the respondent trust in the ET, EAT and Court of Appeal in a case considering the obligation to clarify disciplinary allegations prior to dismissal and the need for them to correlate with the reason for the dismissal.  J v S M a 12 day claim in which a head teacher (the designated Child Protection Officer) failed to report child protection concerns to Social Services.  The child was subsequently murdered by his mother.  The case centred upon the proper construction, interpretation and application of the relevant national and local Child Protection policies.
  • Discrimination – In Ward v Secretary of State for Work and Pensions Andrew successfully represented the Secretary of State in the EAT. In M v A acting for an employer, a firm of solicitors, defending multi-million pound claims for compensation and damages for personal injuries and loss of earnings bought by a director in the firm who had suffered two mental breakdowns whilst at work and subsequently suffered injuries causing her to be a paraplegic.
  • Whistleblowing -  Langton v Secretary of State for Health  instructed by the Secretary of State and the transferee employer in 4 week hearing to defend claims of detriment, victimisation, and unfair dismissal, discrimination and TUPE claims brought by a consultant following the dissolution of the PCT for which she worked.  Successfully defended claims for interim relief, in respect of which the claim went to the EAT.  Blanco Castro v Eville & Jones Ltd instructed by employer, the sole provider of Official Veterinarians in the UK, to defend whistleblowing and unfair dismissal claims concerning the interpretation and construction of the FSA’s statutory to prevent animal cruelty in the slaughter process.
  • Working Time and Holiday Pay Claims – in Fraser v Southwest London & St Georges Mental Health Trust successfully represented the respondent Trust against an appeal regarding the right to holiday pay.  Andrew is regularly instructed to advise and represent employers and employees in relation in holiday pay and sick pay claims.
  • Pension claims - in Andrews v Kings College Hospital NHS Trust  successfully represented the respondent Trust in the appeal which clarified the extent of an employer’s duty to notify part-time workers of their entitlement to join pension schemes, following the Preston line of authorities.
  • Injunctions, restrictive covenants and confidentiality - Andrew regularly advises and represents companies and individuals in relation to all forms of restrictive covenant, and all aspects of confidentiality.
  • Human rights - Andrew advised a multi-national PLC, which is a household name, as to the competing interests of the press to publish information under Article 10 and an individual’s rights under Article 8 ECHR.

Andrew has an extensive and established employment and discrimination practice. He represents employers and employees and is instructed by individuals, local authorities, NHS Trusts, private companies and Unions.  He regularly advises on the merits of finely balanced cases and appeals, drafts pleadings and undertakes advocacy at all stages of a case.

He is increasingly instructed to chair internal grievance and appeal hearings and to represent parties during mediation.

Areas of practice:

  • Discrimination, All forms of unlawful with a particular focus on disability, sex and race discrimination – examples include:
    • Ward v. Secretary of State for Work & Pensions successfully represented Secretary of State in the EAT in disability discrimination claim during which the EAT clarified the burden of proof provision and accepted that there need for a comparative exercise in claims of disability related discrimination.
    • Langton v. Secretary of State for Health - construction of interim relief provisions, and the effect of substitution.
    • Howard v Oxfam Ltd – pro-bono disability discrimination case for Oxfam concerning an engineer who suffered PTSD as a consequence of his deployment in Sudan and other areas of extreme humanitarian crisis.
    • M v A acting for an employer, a firm of solicitors, defending multi-million pound claims for compensation and damages for personal injuries and loss of earnings bought by a director in the firm who had suffered two mental breakdowns whilst at work and subsequently suffered injuries causing her to be a paraplegic.
    • Sante, Wood and Greaves v. 3G Retail - successful defence of 3G in an 8 day case including allegations of sex, sexual orientation and race discrimination, and unfair dismissal. One claimant alleged that she was subjected to a serious sexual assault by three managers. Costs orders were obtained against all the claimants;
    • Crawley v. HSBC - acting for HSBC's leading IFA for 8 years nationally in an unfair dismissal and sex discrimination case lasting 11 days;
    • Esara v. Guys and St Thomas' NHS Trust - successfully defending the Trust against claims of sex and race discrimination and victimisation in an 8 day tribunal;
    • Kinkela v. Modus (UK) Ltd - successfully defending the company against claims of unfair dismissal and victimisation in a tribunal lasting 7 days;
    • Mulford v. Environment Agency - successfully acting for the claimant who was awarded approximately £40,000 in a disability discrimination claim;
    • Legg v. Rubyzs Ltd - successfully acting for a heterosexual security guard in a claim for sexual orientation discrimination and unfair dismissal against her former employer, which operated as a gay bar. The case was reported in The Times, The Mirror and in HR and business publications nationally, being the first of its kind;
    • Bereczki & Ors v. Lynchford Tyres EAT/0296/07 - successfully representing four Hungarian mechanics in a claim for racial harassment and victimisation and non-payment of the minimum wage and the subsequent successful appeal against the level of damages awarded for race discrimination.

 

  • Unfair dismissal – In Dr Brito-Bapapulle v Ealing Hospital NHS Trust, Andrew successfully represented the respondent trust in the ET, EAT and Court of Appeal in a case considering the obligation to clarify disciplinary allegations prior to dismissal and the need for them to correlate with the reason for the dismissal.  J v S M a 12 day claim in which a head teacher (the designated Child Protection Officer) failed to report child protection concerns to Social Services.  The child was subsequently murdered by his mother.  The case centred upon the proper construction, interpretation and application of the relevant national and local Child Protection policies.

 

  • Equal pay and part-time pensions - Andrew is regularly instructed in multi-party and test claims relating to Agenda for Change in the NHS and the implementation of the Single Status Agreement in local councils. Cases of note:
    • Andrews v Kings College Hospital NHS Trust successfully representing the respondent Trust in the appeal which clarified the extent of an employer’s duty to notify part-time workers of their entitlement to join pension schemes, following the Preston line of authorities.
    • J v FSA successfully acting for an employee of the FSA in an equal pay claim during which the FSA was represented by Robin Allen QC.

 

  • Working Time Regulations and National Minimum Wage Regulations. Cases of note include:
  • Fraser v Southwest London & St Georges Mental Health Trust  successfully representing the respondent Trust against an appeal regarding the right to post-termination statutory holiday pay.
  • Miles v. Linkage Community Trust - This case had significant ramifications for all private and public institutions which employ shift workers who are required to sleep at their employer's premises.  The case determined that the effect of Regulations 10, 21, 22 and 24 of The Working Time Regulations is that the "compensatory rest" required by regulation 24 cannot be satisfied by non-working days in the workers' shift patterns, but must be additional to them, therefore requiring a considerable increase in the number of staff employed. Andrew successfully represented the Claimant.

 

  • Practice and Procedure - Reviews - British School of Motoring v. Fowler EAT (LTL 24/4/2006). The case considered the application of CPR 3.9 to reviews conducted under rule 33 and 36, in particular the need for a tribunal to allow the parties an opportunity to make representations, whether in writing or at a hearing, when conducting a review of its own motion even if (seemingly) at the request of one of the parties;

Other areas in which Andrew accepts instructions

  • TUPE
  • Wrongful dismissal and breach of contract,
  • Whistleblowing and victimisation
  • Applications for interim relief,
  • Overseas workers and worker/employment status

Andrew has considerable experience of company, commercial and contract law having first practiced in the area in 2000.  He is regularly instructed to provide urgent advice in relation to restrictive covenants, confidentiality obligations and injunctions, advising and representing both individuals and companies.

However, he undertakes a broad range of work covering the following areas:-

  • Negligent references – cases of note: Behbahani-Pour v. ATC Lasham - a negligent reference case arising from the aftermath of September the 11th. An Iranian aircraft engineer was alleged to have made inappropriate racist remarks shortly after the terrorist attacks and his employer referred the matter to Special Branch who investigated. The employer's reference stated that the employee was unfit to hold an airside pass and that Special Branch should be contacted if clarification was required. The case required the deposition and careful cross-examination of the Special Branch officers as the accuracy of their assessment of the security risk posed by the Claimant. Andrew successfully represented the Claimant who was awarded damages and interest in excess of £180,000.
  • Claims under the Protection from Harassment Act 1998.  Andrew is particularly experienced in this area. Recent cases include Moore v Bournemouth & Poole College, a claim in the County Court brought by a teacher who alleged that his manager had conduct a campaign to force his out, including fraudulently manufacturing letters of complaint, ostracising him and removing his responsibilities.
  • Fiduciary and directors duties
  • Restrictive covenants
  • Confidentiality
  • Share Disputes
  • Agency
  • Frustration
  • Bailment
  • Sale of Goods and Supply of Services Claims

 

Non contentious and advisory work

Given Andrew’s extensive court practice, he is able to provide realistic, commercial and pragmatic advice to professional and corporate clients, in a clear, accurate and comprehensive way, identifying risks and advantages is each proposed action or event.  His non-contentious work includes:

  • Drafting contracts, handbooks and other contractual and quasi-contractual policy documents – Andrew drafted the contracts of employment, and other policy documents for a leading set of London Chambers.
  • Conducting internal investigations and enquiries – Andrew conducted a grievance investigation for a top 4 multi-national consultancy, where an associate alleged she was the victim of sex discrimination and victimisation.
  • Chairing grievance and/or disciplinary panels Most recently Andrew chaired a disciplinary appeal in relation to a solicitor who had been dismissed for gross-negligence.

Andrew is instructed in road traffic, employer’s liability, occupier’s liability, public nuisance, defective premises and Consumer Protection Act cases. He drafts pleadings, and provides advice and representation for both claimants and defendants in fast track trials on both liability and quantum. His work is currently primarily fast track based but he undertakes interlocutory work on the multi track.

He has a particular interest in stress at work claims, given his extensive knowledge and understanding of the Protection from Harassment Act 1997, the Equality Act 2010 and his experience as an employment practitioner.

Andrew’s early common law practice affords him a thorough understanding of the processes and tactics of civil litigation and enables him to provide pragmatic and practical advice.  Similarly, his early experience at the Criminal bar, during which time he prosecuted and defended in the Magistrates Court and Crown Courts provides him with a detailed understanding of criminal law and practice, particularly in relation to motoring offences.


Andrew is ranked as a leading junior in employment law in both the Legal 500 and Chambers and Partners, and among the top tier of employment barristers in the Southwest Region in the Legal 500.  His clients describe him as follows:

  • Andrew is first class; very thorough, good with the client, and he's very personable." "A very polished advocate, respected by tribunals and by his opponents.” Chambers and Partners 2015
  • An established and highly effective advocate whose practice includes discrimination and working time claims” - Legal 500 2014
  • Very approachable and good with clients - an excellent advocate." "An astute advocate, and incredibly easy to get on with." Chambers and Partners 2014
  • His technical expertise, as you would expect, is incredible." "He has an approachable and measured style of advocacy that instils confidence.” Chambers and Partners 2013
  • "Definitely one to watch." Sources say that "he displays fair and reasoned judgement" and is “very approachable.”  Chambers and Partners 2012

 

He was appointed to the Attorney General's Regional Panel (South West) in 2010 and has been instructed in appellate work for the Government.

Andrew’s principle area of practice is employment, discrimination law and human rights law, and all related contractual matters.  He provides advice, support and representation in both contentious and non-contentious contexts, frequently drafting and advising in relation to contracts of employments and related contractual issues, and chairing disciplinary, appeal and other internal panels of enquiry and assisting and representing clients in mediations and arbitrations. He appears in the County Court and High Court, employment tribunal, Employment Appeals Tribunal and the Court of Appeal.

  • Langton v. Secretary of State for Health

    An employment tribunal could make an interim order for continuation of a contract of employment against the Secretary of State for Health where he had been substituted as the respondent...

  • Ward v. Secretary of State for Work & Pensions

    An employment tribunal had not erred in dismissing the disability discrimination claim of an employee who had been dismissed because of his unsatisfactory attendance record. The appellant (W) appealed against...

  • M Fraser v. South West London St George’s Mental Health Trust

    At the start of the substantive tribunal hearing of discrimination claims, a mental health trust was entitled to argue that the employment tribunal lacked jurisdiction because of the employee's failure...

  • West Hertfordshire Hospitals NHS Trust v. Evans

    An employment tribunal had correctly found that a health care assistant had been automatically unfairly dismissed where her employer had breached the statutory dismissal procedure under the Employment Act 2002...

  • Makro Self Service Wholesalers Ltd v. Rees

    An employment tribunal's approach in an unfair dismissal claim was fatally flawed where it had placed the burden of proof on the employer to establish reasonableness under the Employment Rights...

  • British School of Motoring v. C Fowler

    The employment tribunal had been wrong in law to direct that, by reason of its failure to respond to a claim for unfair dismissal, an employer should take no part...

  • See all cases

     

pAwards

2017 C&P Leading individual 2016 L500 Leading Individual C&P 2016 Ranked Barrister L500 2015 leading individual Chambers & Partners 2015 Barrister Legal 500 Top Ranked Barrister 2014 Ranked in Chambers & Partners 2014 Ranked in Legal 500 2013
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