Ben is recognised by both Chambers & Partners UK and The Legal 500 as a leading employment law silk. He has extensive experience of a range of employment law claims. He represents large commercial and industrial respondents; public authorities (in particular central and local government); health service bodies and practitioners; higher education institutions; and claimants with high-value or complex claims.
He is frequently instructed in complex and high-value discrimination claims and has particular expertise in cases concerning disability and health issues. His human rights practice gives him a broad understanding of equality issues both within and beyond the employment sphere. He is often asked to advise public bodies on their equality obligations (flowing from the public sector equality duty, ECHR and discrimination legislation), as well as dealing with allegations of systematic and individual discrimination brought against them. He is experienced in claims relating to service provision discrimination.
Ben also appears regularly in claims concerning whistleblowing, TUPE, restraint of trade and all kinds of dismissals. He has wide experience of cases concerning the international jurisdiction of the employment tribunal.
Ben has an in-depth understanding of the workings of the health service and clinical professionals. He represents practitioners and trusts in internal disciplinary proceedings, High Court disputes and tribunal claims. His experience in professional regulation (in particular of the clinical professions), public law and clinical negligence contribute to his ability to represent parties to health-sector disputes with real effectiveness; not least given his long experience of working with medical experts.
Prior to taking silk, Ben was a member of the Attorney General’s A Panel of counsel (and was a panellist in total for 13 years). He has appeared in some of the most significant and high-profile litigation brought against the government. He is a Special Advocate, has developed vetting security clearance and appears in employment and related disputes where national security is in issue.
Ben also has experience of representing professional footballers and managers in disputes with their present or former employers. He also has experience of claims involving rugby clubs.
Finally, Ben’s experience of high-value personal injury and clinical negligence claims affords him particular expertise in dealing with complex issues on remedy, not least where psychiatric injury is alleged; or where long-term claims for loss of earnings arise. Ben has advised the Lord Chancellor on the current review of the discount rate and is skilled in dealing with large claims for future losses.
Ben is a member of ELA, ELBA and ILS, as well as Justice and Liberty.
Discrimination
- IWGB v Mayor of London [2021] 3 All ER 334; [2020] 4 WLR 112 (CA) – Race discrimination challenge to Mayor’s decision to remove Congestion Charge exemption from minicab drivers.
- Wright-Turner v LBHF (ET, 2021) – Successful dismissal and disability discrimination claim brought by senior council executive with psychiatric injury following Grenfell disaster.
- Khan v Home Secretary and Cummings (ET, 2020) – Represented Prime Minister’s Chief of Staff in discrimination claim brought by Special Adviser.
- F&G v Met Police (ET, 2018): Special advocate for police officers denied security clearance on grounds of nationality.
- Wasteney v E London NHS Foundation Trust [2016] ICR 643. Leading case on direct religious discrimination in the workplace.
- Quigley v CICA (2015-6). Discrimination and human rights challenge by victim of acid attack to rules on criminal convictions in Criminal Injuries Compensation Scheme 2012.
- Child Soldiers International v Secretary of State for Defence [2016] 1 W.L.R. 1062. Age discrimination challenge to Army recruitment rules.
- McCloud v Lord Chancellor (ET, 2016 – one of The Lawyer’s Top 20 Cases of 2016). Age discrimination claims brought by around 200 judges following government reform of the judicial pension scheme.
- Holloway v MOD [2015] UKEAT/0396/14. Territorial jurisdiction of tribunal in case arising from employment in British Overseas Territory.
- Deangate v Hatley [2015] ICR 890. Employment tribunal fee remission regime for claims filed online.
- Tozer v Barts NHS Trust (ET, 2015). Sex discrimination claim by high-profile fertility consultant suspected of dishonesty.
- Storey v GCHQ [2015] UKEAT/0269/14. Special advocate in disability and religious discrimination claim arising out of security vetting.
- Saad v Health Education England [2014] UKEAT. Whether the UK approach to disability discrimination accords with EU law post-Ring.
- FCO v Bamieh [2020] ICR 465 (CA) Territorial jurisdiction for whistleblowing claims against co-workers.
- University Hospitals Birmingham NHS Foundation Trust v Reuser [2020] Med LR 370 (EAT) whistleblowing claim brought by surgeon following dismissal by NHS Trust.
- Gilham v Ministry of Justice [2019] ICR 1655 (SC) Worker status of judges.
- National Union of Professional Foster Carers v Certification Officer [2021] ICR 1397 – Worker status, and trade union rights, of foster carers.
- Kowal v TDL (ET, 2018) – Worker status of NHS blood couriers.
- Secretary of State for Justice v Betts [2017] ICR 1130 – Illegality in civil service appointments.
- Holloway and others v MOD (EAT, 2015) – Territorial jurisdiction of ET in claims arising from employment in British Overseas Territory.
- Rogers v Deputy Commander [2013] All ER (D) 308 (Mar). International jurisdiction dispute raising question of UK treaty obligations.
- Grocott v MOD (2012). Unfair dismissal and discrimination claim raising questions of international jurisdiction of the employment tribunal.
- Jones v Mid-Cheshire Hospitals NHS Trust (2008). Dismissal of hospital consultant for alleged involvement in fraudulent signing of death certificates.
- David Platt v Football Association (2005). Represented David Platt in contractual dispute on termination of employment.
