Betsan Criddle

Year of call 2002

CClerk

Paul Adams
020 7269 0305 Email Paul

Described by Chambers and Partners as “responsive, decisive and directional”, and “determined, dogged and good at putting her point across forcefully without intimidating the client”, Betsan is an established and highly regarded practitioner in the employment and professional disciplinary fields where her clients include banks, niche recruitment consultancies, leading public schools, household name transport businesses, NHS Trusts and senior employees.

Betsan is a leading expert in doctors’ disciplinary cases and has appeared in many of the key cases in this area, including Chhabra, Kerslake and Lim.  She is regularly called upon to advise in the context of High Court injunctive proceedings and in the handling of complex disciplinary proceedings. Betsan also acts for medical professionals in regulatory proceedings before the MPTS, the GDC and the HCPC as well as in performers’ list cases.

Betsan has experience across the broad spectrum of employment and discrimination work, both in the Employment Tribunals and the civil courts, with a particular focus on TUPE, pregnancy and maternity discrimination and disability discrimination.  She has significant experience of multi-million pound multi-claimant equal pay litigation, making her adept at handling complex and high value discrimination claims: she is “on top of cases involving multiple claims and multiple parties” (Chambers and Partners 2015). Her discrimination practice encompasses significant experience in the field of goods and services.  Recent cases include advising on a disability discrimination claim brought against a bank for alleged failure to make reasonable adjustments; acting in a race discrimination claim brought against a charity in connection with the removal of a customer from its premises and acting in a transgender discrimination claim for an injunction to compel an NHS organisation to allow an individual to transition.

Betsan also has a thriving practice in primarily employment based commercial work, where she advises and represents clients in a wide range of disputes, including restrictive covenant cases, issues relating to termination of Board level employment and high value redundancy and negligent reference claims.

Betsan speaks Welsh fluently and has advised and conducted litigation through the medium of Welsh.  She recently represented two senior employees in their unfair dismissal claims against the National Library of Wales which generated considerable Welsh media interest.

Betsan is able to accept instructions under the Bar’s Public Access Scheme in suitable cases.

 

  • Edwards v Encirc Ltd UKEAT/0367/14/DM.  Whether time spent by an employee on trade union duties is “working time” for the purposes of the Working Time Regulations 1998.
  • London Borough of Wandsworth v UNISON UKEAT/0234/13/LA.  Whether interpreting the exclusion of individuals in “police service” from protection under the Employment Rights Act 1996 and the Trade Union and Labour Relations (Consolidation) Act 1992 consistently with Convention rights and/or Community law means that parks constables should have the right to complain of unfair dismissal and failure of collective consultation.
  • Chhabra v West London Mental Health NHS Trust [2014] 1 All ER 943; [2014] ICR 194; [2014] IRLR 227.  Successfully represented the doctor in a landmark Supreme Court decision that an employment contract includes an implied contractual right to a fair disciplinary process and that an injunction may be granted to restrain an employer from charging an employee with gross misconduct where this is unwarranted by the findings of a disciplinary investigation.
  • Jones and Williams v National Library of Wales (ET, 2014).  Successfully represented two senior employees in high profile unfair dismissal cases.  Whether imposing a demotion and pay cut as a disciplinary sanction amounts to a Hogg v Dover College dismissal in the absence of a contractual disciplinary procedure and whether an unintended dismissal can nevertheless be fair.
  • McGuiness v Royal Surrey County Hospital NHS Foundation Trust (ET, 2013).  Successfully defended an NHS Trust in multi-million pound disability discrimination and TUPE claim by a consultant surgeon.  Whether a transfer of an employee can amount to a breach of the implied term of trust and confidence.

Betsan is recognised by Chambers and Partners as a leading junior in employment law.  She acts in a broad range of employment and discrimination claims, in which her clients include banks, niche recruitment consultancies, leading public schools, household name transport businesses, NHS Trusts and senior employees.

Betsan is particularly highly regarded for her expertise in the specialist field of doctors’ disciplinary work.  She has appeared in many of the key cases in this area, including Chhabra, Kerslake and Lim.  She is also experienced in disciplinary cases in the education sphere where she has recently advised a leading public school in a sensitive case involving allegations of sex discrimination.

Betsan’s High Court employment practice encompasses a wide range of contractual disputes including restrictive covenant cases, issues relating to termination of Board level employment and high value redundancy and negligent reference claims.  Recent highlights include acting for an NHS Trust in a multi-million pound dispute concerned with an alleged agreement to terminate a CEO’s employment by reason of redundancy and advising an employer over theft of confidential data by departing employees.  She also has experience of advising in cases with a public law element, recently acting for a dentist in primary care in potential judicial review proceedings.

Discrimination law is a core aspect of Betsan’s practice. Her discrimination practice encompasses significant experience in the field of goods and services. Recent cases include advising on a disability discrimination claim brought against a bank for alleged failure to make reasonable adjustments; acting in a race discrimination claim brought against a charity in connection with the removal of a customer from its premises and acting in a transgender discrimination claim for an injunction to compel an NHS organisation to allow an individual to transition; and successfully defending a vocational placement provider in the first claim of its kind brought by a disabled student.

Betsan is a robust and pragmatic advocate and is astute to how the objectives of a client can best be met.  She has represented individuals in settlement negotiations and mediations, obtaining results over and above those that could be expected from contested litigation.  She has also secured the withdrawal or strike out of cases against a number of her employer clients, including the strike out of a six week discrimination and whistleblowing claim where, following cross-examination by Betsan, the claimant was found to have lied about her conduct of litigation.

Betsan sat on the Employment Lawyers’ Association Management Committee from 2012 to 2014.  She writes on ET and EAT practice and procedure for Sweet & Maxwell’s Employment Precedents and Company Policy Documents and is a co-author of the Institute of Employment Rights’ annual publication, Labour Law Highlights.
 

 

Notable Cases

 

Contractual claims

  • Chhabra v West London Mental Health NHS Trust [2014] 1 All ER 943; [2014] ICR 194; [2014] IRLR 227.  Successfully represented doctor in leading Supreme Court case establishing that an employment contract includes an implied contractual right to a fair disciplinary process and that an injunction may be granted to restrain an employer from charging an employee with gross misconduct where this is unwarranted by the findings of a disciplinary investigation.
  • Langford v Barking & Dagenham PCT (QBD, 2014).  Whether NHS Trust contractually obliged to terminate employment of CEO by reason of redundancy; issues of ultra vires.
  • Kerslake v North West London Hospitals NHS Trust [2012] Med LR 568.  Successfully represented Trust in significant case determining that dismissal of a consultant outside the MHPS disciplinary scheme is permissible where there is a breakdown of trust and confidence.
  • McCracken v HMRC (QBD, 2012).  High value claim for damages for provision of a negligent reference.
  • Lim v Royal Wolverhampton Hospitals NHS Trust [2012] Med LR 146.  Successfully represented doctor in important case establishing that an NHS Trust may not dismiss a doctor by reason of capability without first referring the case to NCAS for assessment and consideration of an action plan.

 

Discrimination

  • Dozie v Addison Lee Ltd (ET, 2014).  Successfully defended the Respondent in a complex race, disability and indirect sex discrimination claim; ET accepted that there is no claim in law of indirect associative disability discrimination.
  • Howells v West Hertfordshire Hospitals’ NHS Trust (ET, 2014).  Successfully defended the Respondent in a race discrimination claim in which the claimant was seeking career ending losses.
  • Osonnaya v Queen Mary, University of London UKEAT/0225/11/SM.  Successfully represented Respondent in sex, race and disability discrimination and whistleblowing claim listed for six weeks.  Obtained strike out of entire claim at PHR on basis that claimant had lied about her conduct of litigation.
  • Gregory v Buckinghamshire New University (Central London CC, 2011).  Successfully represented NHS Trust in first ever claim by a disabled student alleging failure to make reasonable adjustments in the provision of a vocational placement by a university and NHS Trust.
  • Slack v Cumbria County Council [2009] ICR 1217; Cumbria County Council v Dow [2008] IRLR 109.  Acting for 3,000 claimants in equal pay litigation.  Successfully represented claimants in Court of Appeal establishing that a stable employment relationship can exist when there is a series of unbroken contracts.

 

Dismissal (including status)

  • Vining v London Borough of Wandsworth UKEAT/0234/13/LA.  Whether interpreting the exclusion of individuals in “police service” from protection under the Employment Rights Act 1996 and the Trade Union and Labour Relations (Consolidation) Act 1992 consistently with Convention rights and/or Community law means that parks constables should have the right to complain of unfair dismissal and failure of collective consultation.
  • Jones and Williams v National Library of Wales (ET, 2014).  Successfully represented two senior employees in high profile unfair dismissal cases.  Whether imposing a demotion and pay cut as a disciplinary sanction amounts to a Hogg v Dover College dismissal in the absence of a contractual disciplinary procedure and whether an unintended dismissal can nevertheless be fair.
  • Staniforth v MacIntyre Care (ET, 2013).  Legal effect of an employee accepting an offer of reinstatement “under protest”.
  • Thomson v Barnet Primary Care Trust UKEAT/0247/12/SM.  Legal effect of reinstatement to employment where the employer has imposed conditions not permitted by its disciplinary scheme.
  • Pruti v Standard Chartered Bank (ET, 2012).  Effect of decision in Autoclenz Ltd v Belcher on question of whether an agency worker was employed by an end user.

 

Redundancy

  • Lacy-Pettit v Kingston Hospital NHS Trust (QBD, 2013).  High value NHS redundancy payment claims; whether claimants offered suitable alternative employment.
  • Fox v South London Healthcare NHS Trust (ET, 2011).  Successfully represented NHS Trust in claim for redundancy payment on basis that offering a lower banded job amounted to an offer of suitable alternative employment.

 

Working time/TUPE

  • Edwards v Encirc Ltd UKEAT/0367/14/DM.  Whether time spent by an employee on trade union duties is “working time” for the purposes of the Working Time Regulations 1998.
  • McGuiness v Royal Surrey County Hospital NHS Foundation Trust (ET, 2013).  Successfully defended NHS Trust in multi-million pound disability discrimination and TUPE claim by consultant surgeon.  Whether a transfer of an employee can amount to a breach of the implied term of trust and confidence.
  • Woodland v Redtray Solutions Ltd (ET, 2013).  Advised and represented Respondent backed by major UK venture capitalist in claim that dismissals of CEO and HR Director had been effected pre-transfer to avoid transfer of liabilities.   Claims withdrawn after disclosure.
  • Beasant v Oxfordshire Learning Disability NHS Trust (ET, 2011).  Successfully obtained strike out of claim raising issue as to whether a dismissal for the purposes of regulation 4(9) requires resignation by an employee pre-transfer to give rise to liability against transferor.

 

Whistleblowing

  • Curtis v HMRC UKEAT/0100/12/DM.  Successfully represented Respondent in obtaining dismissal of lengthy and complex whistleblowing claim at PHR on basis that disclosures were not protected.
  • Kennedy v Serco Ltd (ET, 2013). Successfully represented Respondent and obtained costs against Claimant in claim raising serious allegations of wrongdoing.

Betsan is a noted expert in disciplinary cases involving doctors. She has appeared in many of the key cases in this area, including Chhabra, Kerslake and Lim.  She is also regularly called upon to advise on the conduct of complex disciplinary cases, often involving considerations of the interplay between disciplinary, regulatory and criminal proceedings and to appear at disciplinary hearings.

Betsan’s experience also extends to the education sphere where she has advised leading public schools on the management of sensitive disciplinary cases.

Betsan regularly advises and represents medical professionals before their regulatory bodies, such as the MPTS, the GDC and the HCPC, both at interim and final stage.   She also has experience of performers’ list cases, and has recently advised a dentist in primary care on a potential judicial review challenge to contingent removal proceedings.

 

Notable Cases

  • Dr AY (2015).  Representing doctor in training in 14 day fitness to practice case before the MPTS involving multiple allegations of fraud and deficient clinical practice.
  • Dr PV (2014).  Advised dentist in primary care in connection with performers’ list proceedings seeking contingent removal on fraud grounds.  Successfully obtained an adjournment of proceedings pending particularisation of the charges on the basis that the dentist would pursue judicial review proceedings if the hearing went ahead.
  • Chhabra v West London Mental Health NHS Trust [2014] 1 All ER 943; [2014] ICR 194; [2014] IRLR 227.  Successfully represented doctor in leading Supreme Court case establishing that an employment contract includes an implied contractual right to a fair disciplinary process and that an injunction may be granted to restrain an employer from charging an employee with gross misconduct where this is unwarranted by the findings of a disciplinary investigation.
  • Kerslake v North West London Hospitals NHS Trust [2012] Med LR 568.  Successfully represented Trust in significant case determining that dismissal of a consultant outside the MHPS disciplinary scheme is permissible where there is a breakdown of trust and confidence.
  • Lim v Royal Wolverhampton Hospitals NHS Trust [2012] Med LR 146.  Successfully represented doctor in important case establishing that an NHS Trust may not dismiss a doctor by reason of capability without first referring the case to NCAS for assessment and consideration of an action plan.

Betsan has a thriving practice primarily in employment based commercial work, where she advises and represents clients across a broad range of disputes, including

  • restrictive covenant cases;
  • data theft and database claims;
  • issues relating to termination of Board level employment;
  • high value redundancy and negligent reference claims.

Betsan is a barrister specialising in employment and discrimination law.

She has significant hands-on experience of a wide range of HR support matters including:-

  • Conducting investigations, both within and without the employer’s grievance process.
  • Advising on the conduct of the investigation and disciplinary process in a number of sensitive and difficult cases with significant reputational management issues.
  • Presenting the management statement of case in disciplinary and grievance appeal hearings.
  • Acting as adviser to a grievance appeal panel.
  • Dr Chhabra v. West London Mental Health NHS Trust [2014] 1 All ER 943; [2014] ICR 194; [2014] IRLR 227.  Successfully represented doctor in leading Supreme Court case establishing that an employment contract includes an implied contractual right to a fair disciplinary process and that an injunction may be granted to restrain an employer from charging an employee with gross misconduct where this is unwarranted by the findings of a disciplinary investigation;
  • Kerslake v. North West London Hospitals NHS Trust [2012] Med LR 568.  Successfully represented Trust in significant case determining that dismissal of a consultant outside the MHPS disciplinary scheme is permissible where there is a breakdown of trust and confidence;
  • Lim v. Royal Wolverhampton Hospitals NHS Trust [2012] Med LR 146.  Successfully represented doctor in important case establishing that an NHS Trust may not dismiss a doctor by reason of capability without first referring the case to NCAS for assessment and consideration of an action plan.
  • McGuiness v. Royal Surrey County Hospital NHS Foundation Trust (ET, 2013).  Successfully defended NHS Trust in multi-million pound disability discrimination and TUPE claim by consultant surgeon.  Whether a transfer of an employee can amount to a breach of the implied term of trust and confidence.
  • Osonnaya v. Queen Mary, University of London UKEAT/0225/11/SM.  Successfully represented Respondent in sex, race and disability discrimination and whistleblowing claim listed for six weeks.  Obtained strike out of entire claim at PHR on basis that claimant had lied about her conduct of litigation.
  • Vining v. London Borough of Wandsworth UKEATPA/0365/13/LA.  Whether a parks constable is in “police service” and excluded from employment protection legislation.

pAwards

2017 C&P Leading individual 2016 L500 Leading Individual C&P 2016 Ranked Barrister Chambers & Partners 2015 Barrister Ranked in Chambers & Partners 2014

Described by Chambers and Partners as “responsive, decisive and directional”, and “determined, dogged and good at putting her point across forcefully without intimidating the client”, Betsan is an established and highly regarded practitioner in the employment and professional disciplinary fields where her clients include banks, niche recruitment consultancies, leading public schools, household name transport businesses, NHS Trusts and senior employees.

Betsan is a leading expert in doctors’ disciplinary cases and has appeared in many of the key cases in this area, including Chhabra, Kerslake and Lim.  She is regularly called upon to advise in the context of High Court injunctive proceedings and in the handling of complex disciplinary proceedings. Betsan also acts for medical professionals in regulatory proceedings before the MPTS, the GDC and the HCPC as well as in performers’ list cases.

Betsan has experience across the broad spectrum of employment and discrimination work, both in the Employment Tribunals and the civil courts, with a particular focus on TUPE, pregnancy and maternity discrimination and disability discrimination.  She has significant experience of multi-million pound multi-claimant equal pay litigation, making her adept at handling complex and high value discrimination claims: she is “on top of cases involving multiple claims and multiple parties” (Chambers and Partners 2015). Her discrimination practice encompasses significant experience in the field of goods and services.  Recent cases include advising on a disability discrimination claim brought against a bank for alleged failure to make reasonable adjustments; acting in a race discrimination claim brought against a charity in connection with the removal of a customer from its premises and acting in a transgender discrimination claim for an injunction to compel an NHS organisation to allow an individual to transition.

Betsan also has a thriving practice in primarily employment based commercial work, where she advises and represents clients in a wide range of disputes, including restrictive covenant cases, issues relating to termination of Board level employment and high value redundancy and negligent reference claims.

Betsan speaks Welsh fluently and has advised and conducted litigation through the medium of Welsh.  She recently represented two senior employees in their unfair dismissal claims against the National Library of Wales which generated considerable Welsh media interest.

Betsan is able to accept instructions under the Bar’s Public Access Scheme in suitable cases.

 

  • Edwards v Encirc Ltd UKEAT/0367/14/DM.  Whether time spent by an employee on trade union duties is “working time” for the purposes of the Working Time Regulations 1998.
  • London Borough of Wandsworth v UNISON UKEAT/0234/13/LA.  Whether interpreting the exclusion of individuals in “police service” from protection under the Employment Rights Act 1996 and the Trade Union and Labour Relations (Consolidation) Act 1992 consistently with Convention rights and/or Community law means that parks constables should have the right to complain of unfair dismissal and failure of collective consultation.
  • Chhabra v West London Mental Health NHS Trust [2014] 1 All ER 943; [2014] ICR 194; [2014] IRLR 227.  Successfully represented the doctor in a landmark Supreme Court decision that an employment contract includes an implied contractual right to a fair disciplinary process and that an injunction may be granted to restrain an employer from charging an employee with gross misconduct where this is unwarranted by the findings of a disciplinary investigation.
  • Jones and Williams v National Library of Wales (ET, 2014).  Successfully represented two senior employees in high profile unfair dismissal cases.  Whether imposing a demotion and pay cut as a disciplinary sanction amounts to a Hogg v Dover College dismissal in the absence of a contractual disciplinary procedure and whether an unintended dismissal can nevertheless be fair.
  • McGuiness v Royal Surrey County Hospital NHS Foundation Trust (ET, 2013).  Successfully defended an NHS Trust in multi-million pound disability discrimination and TUPE claim by a consultant surgeon.  Whether a transfer of an employee can amount to a breach of the implied term of trust and confidence.

Betsan is recognised by Chambers and Partners as a leading junior in employment law.  She acts in a broad range of employment and discrimination claims, in which her clients include banks, niche recruitment consultancies, leading public schools, household name transport businesses, NHS Trusts and senior employees.

Betsan is particularly highly regarded for her expertise in the specialist field of doctors’ disciplinary work.  She has appeared in many of the key cases in this area, including Chhabra, Kerslake and Lim.  She is also experienced in disciplinary cases in the education sphere where she has recently advised a leading public school in a sensitive case involving allegations of sex discrimination.

Betsan’s High Court employment practice encompasses a wide range of contractual disputes including restrictive covenant cases, issues relating to termination of Board level employment and high value redundancy and negligent reference claims.  Recent highlights include acting for an NHS Trust in a multi-million pound dispute concerned with an alleged agreement to terminate a CEO’s employment by reason of redundancy and advising an employer over theft of confidential data by departing employees.  She also has experience of advising in cases with a public law element, recently acting for a dentist in primary care in potential judicial review proceedings.

Discrimination law is a core aspect of Betsan’s practice. Her discrimination practice encompasses significant experience in the field of goods and services. Recent cases include advising on a disability discrimination claim brought against a bank for alleged failure to make reasonable adjustments; acting in a race discrimination claim brought against a charity in connection with the removal of a customer from its premises and acting in a transgender discrimination claim for an injunction to compel an NHS organisation to allow an individual to transition; and successfully defending a vocational placement provider in the first claim of its kind brought by a disabled student.

Betsan is a robust and pragmatic advocate and is astute to how the objectives of a client can best be met.  She has represented individuals in settlement negotiations and mediations, obtaining results over and above those that could be expected from contested litigation.  She has also secured the withdrawal or strike out of cases against a number of her employer clients, including the strike out of a six week discrimination and whistleblowing claim where, following cross-examination by Betsan, the claimant was found to have lied about her conduct of litigation.

Betsan sat on the Employment Lawyers’ Association Management Committee from 2012 to 2014.  She writes on ET and EAT practice and procedure for Sweet & Maxwell’s Employment Precedents and Company Policy Documents and is a co-author of the Institute of Employment Rights’ annual publication, Labour Law Highlights.
 

 

Notable Cases

 

Contractual claims

  • Chhabra v West London Mental Health NHS Trust [2014] 1 All ER 943; [2014] ICR 194; [2014] IRLR 227.  Successfully represented doctor in leading Supreme Court case establishing that an employment contract includes an implied contractual right to a fair disciplinary process and that an injunction may be granted to restrain an employer from charging an employee with gross misconduct where this is unwarranted by the findings of a disciplinary investigation.
  • Langford v Barking & Dagenham PCT (QBD, 2014).  Whether NHS Trust contractually obliged to terminate employment of CEO by reason of redundancy; issues of ultra vires.
  • Kerslake v North West London Hospitals NHS Trust [2012] Med LR 568.  Successfully represented Trust in significant case determining that dismissal of a consultant outside the MHPS disciplinary scheme is permissible where there is a breakdown of trust and confidence.
  • McCracken v HMRC (QBD, 2012).  High value claim for damages for provision of a negligent reference.
  • Lim v Royal Wolverhampton Hospitals NHS Trust [2012] Med LR 146.  Successfully represented doctor in important case establishing that an NHS Trust may not dismiss a doctor by reason of capability without first referring the case to NCAS for assessment and consideration of an action plan.

 

Discrimination

  • Dozie v Addison Lee Ltd (ET, 2014).  Successfully defended the Respondent in a complex race, disability and indirect sex discrimination claim; ET accepted that there is no claim in law of indirect associative disability discrimination.
  • Howells v West Hertfordshire Hospitals’ NHS Trust (ET, 2014).  Successfully defended the Respondent in a race discrimination claim in which the claimant was seeking career ending losses.
  • Osonnaya v Queen Mary, University of London UKEAT/0225/11/SM.  Successfully represented Respondent in sex, race and disability discrimination and whistleblowing claim listed for six weeks.  Obtained strike out of entire claim at PHR on basis that claimant had lied about her conduct of litigation.
  • Gregory v Buckinghamshire New University (Central London CC, 2011).  Successfully represented NHS Trust in first ever claim by a disabled student alleging failure to make reasonable adjustments in the provision of a vocational placement by a university and NHS Trust.
  • Slack v Cumbria County Council [2009] ICR 1217; Cumbria County Council v Dow [2008] IRLR 109.  Acting for 3,000 claimants in equal pay litigation.  Successfully represented claimants in Court of Appeal establishing that a stable employment relationship can exist when there is a series of unbroken contracts.

 

Dismissal (including status)

  • Vining v London Borough of Wandsworth UKEAT/0234/13/LA.  Whether interpreting the exclusion of individuals in “police service” from protection under the Employment Rights Act 1996 and the Trade Union and Labour Relations (Consolidation) Act 1992 consistently with Convention rights and/or Community law means that parks constables should have the right to complain of unfair dismissal and failure of collective consultation.
  • Jones and Williams v National Library of Wales (ET, 2014).  Successfully represented two senior employees in high profile unfair dismissal cases.  Whether imposing a demotion and pay cut as a disciplinary sanction amounts to a Hogg v Dover College dismissal in the absence of a contractual disciplinary procedure and whether an unintended dismissal can nevertheless be fair.
  • Staniforth v MacIntyre Care (ET, 2013).  Legal effect of an employee accepting an offer of reinstatement “under protest”.
  • Thomson v Barnet Primary Care Trust UKEAT/0247/12/SM.  Legal effect of reinstatement to employment where the employer has imposed conditions not permitted by its disciplinary scheme.
  • Pruti v Standard Chartered Bank (ET, 2012).  Effect of decision in Autoclenz Ltd v Belcher on question of whether an agency worker was employed by an end user.

 

Redundancy

  • Lacy-Pettit v Kingston Hospital NHS Trust (QBD, 2013).  High value NHS redundancy payment claims; whether claimants offered suitable alternative employment.
  • Fox v South London Healthcare NHS Trust (ET, 2011).  Successfully represented NHS Trust in claim for redundancy payment on basis that offering a lower banded job amounted to an offer of suitable alternative employment.

 

Working time/TUPE

  • Edwards v Encirc Ltd UKEAT/0367/14/DM.  Whether time spent by an employee on trade union duties is “working time” for the purposes of the Working Time Regulations 1998.
  • McGuiness v Royal Surrey County Hospital NHS Foundation Trust (ET, 2013).  Successfully defended NHS Trust in multi-million pound disability discrimination and TUPE claim by consultant surgeon.  Whether a transfer of an employee can amount to a breach of the implied term of trust and confidence.
  • Woodland v Redtray Solutions Ltd (ET, 2013).  Advised and represented Respondent backed by major UK venture capitalist in claim that dismissals of CEO and HR Director had been effected pre-transfer to avoid transfer of liabilities.   Claims withdrawn after disclosure.
  • Beasant v Oxfordshire Learning Disability NHS Trust (ET, 2011).  Successfully obtained strike out of claim raising issue as to whether a dismissal for the purposes of regulation 4(9) requires resignation by an employee pre-transfer to give rise to liability against transferor.

 

Whistleblowing

  • Curtis v HMRC UKEAT/0100/12/DM.  Successfully represented Respondent in obtaining dismissal of lengthy and complex whistleblowing claim at PHR on basis that disclosures were not protected.
  • Kennedy v Serco Ltd (ET, 2013). Successfully represented Respondent and obtained costs against Claimant in claim raising serious allegations of wrongdoing.

Betsan is a noted expert in disciplinary cases involving doctors. She has appeared in many of the key cases in this area, including Chhabra, Kerslake and Lim.  She is also regularly called upon to advise on the conduct of complex disciplinary cases, often involving considerations of the interplay between disciplinary, regulatory and criminal proceedings and to appear at disciplinary hearings.

Betsan’s experience also extends to the education sphere where she has advised leading public schools on the management of sensitive disciplinary cases.

Betsan regularly advises and represents medical professionals before their regulatory bodies, such as the MPTS, the GDC and the HCPC, both at interim and final stage.   She also has experience of performers’ list cases, and has recently advised a dentist in primary care on a potential judicial review challenge to contingent removal proceedings.

 

Notable Cases

  • Dr AY (2015).  Representing doctor in training in 14 day fitness to practice case before the MPTS involving multiple allegations of fraud and deficient clinical practice.
  • Dr PV (2014).  Advised dentist in primary care in connection with performers’ list proceedings seeking contingent removal on fraud grounds.  Successfully obtained an adjournment of proceedings pending particularisation of the charges on the basis that the dentist would pursue judicial review proceedings if the hearing went ahead.
  • Chhabra v West London Mental Health NHS Trust [2014] 1 All ER 943; [2014] ICR 194; [2014] IRLR 227.  Successfully represented doctor in leading Supreme Court case establishing that an employment contract includes an implied contractual right to a fair disciplinary process and that an injunction may be granted to restrain an employer from charging an employee with gross misconduct where this is unwarranted by the findings of a disciplinary investigation.
  • Kerslake v North West London Hospitals NHS Trust [2012] Med LR 568.  Successfully represented Trust in significant case determining that dismissal of a consultant outside the MHPS disciplinary scheme is permissible where there is a breakdown of trust and confidence.
  • Lim v Royal Wolverhampton Hospitals NHS Trust [2012] Med LR 146.  Successfully represented doctor in important case establishing that an NHS Trust may not dismiss a doctor by reason of capability without first referring the case to NCAS for assessment and consideration of an action plan.

Betsan has a thriving practice primarily in employment based commercial work, where she advises and represents clients across a broad range of disputes, including

  • restrictive covenant cases;
  • data theft and database claims;
  • issues relating to termination of Board level employment;
  • high value redundancy and negligent reference claims.

Betsan is a barrister specialising in employment and discrimination law.

She has significant hands-on experience of a wide range of HR support matters including:-

  • Conducting investigations, both within and without the employer’s grievance process.
  • Advising on the conduct of the investigation and disciplinary process in a number of sensitive and difficult cases with significant reputational management issues.
  • Presenting the management statement of case in disciplinary and grievance appeal hearings.
  • Acting as adviser to a grievance appeal panel.
  • Dr Chhabra v. West London Mental Health NHS Trust [2014] 1 All ER 943; [2014] ICR 194; [2014] IRLR 227.  Successfully represented doctor in leading Supreme Court case establishing that an employment contract includes an implied contractual right to a fair disciplinary process and that an injunction may be granted to restrain an employer from charging an employee with gross misconduct where this is unwarranted by the findings of a disciplinary investigation;
  • Kerslake v. North West London Hospitals NHS Trust [2012] Med LR 568.  Successfully represented Trust in significant case determining that dismissal of a consultant outside the MHPS disciplinary scheme is permissible where there is a breakdown of trust and confidence;
  • Lim v. Royal Wolverhampton Hospitals NHS Trust [2012] Med LR 146.  Successfully represented doctor in important case establishing that an NHS Trust may not dismiss a doctor by reason of capability without first referring the case to NCAS for assessment and consideration of an action plan.
  • McGuiness v. Royal Surrey County Hospital NHS Foundation Trust (ET, 2013).  Successfully defended NHS Trust in multi-million pound disability discrimination and TUPE claim by consultant surgeon.  Whether a transfer of an employee can amount to a breach of the implied term of trust and confidence.
  • Osonnaya v. Queen Mary, University of London UKEAT/0225/11/SM.  Successfully represented Respondent in sex, race and disability discrimination and whistleblowing claim listed for six weeks.  Obtained strike out of entire claim at PHR on basis that claimant had lied about her conduct of litigation.
  • Vining v. London Borough of Wandsworth UKEATPA/0365/13/LA.  Whether a parks constable is in “police service” and excluded from employment protection legislation.

pAwards

2017 C&P Leading individual 2016 L500 Leading Individual C&P 2016 Ranked Barrister Chambers & Partners 2015 Barrister Ranked in Chambers & Partners 2014
About cookies on our website

To find out more about what cookies are, which cookies we use on this website and how to delete and block cookies, please see our Which cookies we use page.

Click on the button below to accept the use of cookies on this website (this will prevent the dialogue box from appearing on future visits)