John Hendy QC

Year of call 1972 Silk 1987

CClerk

William Meade
020 7269 0360 Email William

John Hendy QC was called to the Bar in 1972 commenced practice in 1977 and took silk in 1987.

You can download a Full CV for John which lists all his reported cases, by clicking here.

Chambers & Partners 2017 call him ‘a forceful and robust advocate, and tremendously authoritative’ and place him in ‘The top flight of industrial action lawyers’ adding that ‘He's absolutely first-class, one of the top advocates for complex medical and employment-related disciplinary cases. If you want someone to really go for it, he's first-rate and hugely experienced.’ The Legal 500, 2015 describes him as ‘One of the best advocates at the Bar; supreme in the field of collective labour law’. Chambers 2015 says: Recognised as the leading silk at the Employment Bar when it comes to handling industrial relations cases ... His experience and skill in this area are lauded by clients and peers alike, who also praise him for his straightforward and effective advocacy’ and Chambers 2014 said: ‘A major figure in cases involving industrial relations, and a go-to barrister for a number of unions. He is well known for his work on high-profile, precedent-setting cases, and is an expert on injunctive restraints to industrial relations.’ “He is an incredibly calm advocate who is very creative in looking at cases and taking them to the appellate level." Chambers 2013 spoke of ‘the absolutely excellent John Hendy QC, who is a terrific fighter and an authoritative silk respected by opposing counsel, instructing solicitors and members of the judiciary.’ ‘A leading specialist in industrial relations cases, market sources say he superbly handles work of the utmost complexity and he continues to be a favoured choice of many notable solicitors for cutting-edge cases.’ The Legal 500, 2013 described ‘Star performer John Hendy QC as an extremely versatile advocate who can master any area of law.’ Chambers 2012 recorded that he ‘has the gravitas to pull off difficult arguments’ and Chambers 2011 said he is ‘capable at looking at cases from angles others might not, he is a very through advocate who certainly captures the attention of the court’; he is ‘a delight to deal with’, ‘has a really nice touch with clients’ and ‘advocacy skills that simply knock opponents out.’ It said that ‘solicitors favour him as he is always thorough and well prepared, and has total command of the documents in front of him’. The Legal 500 (2011) described him as an ‘outstanding leader with unrivalled knowledge of trade union law’.

 

Without doubt he is best known for his work in industrial relations and employment law, having appeared in most of the UK's leading collective labour law cases in the last 36 years.

John has taken 9 cases to the European Court of Human Rights and appeared in in the Court of Justice of the European Union. He has appeared in 12 cases in the Supreme Court (including the House of Lords and the Privy Council), and has 68 reported cases in the Court of Appeal and 82 in the High Court. He has drafted applications to the supervisory committees of the International labour Organisation and European Social Charter.

 

He has also appeared in many high-profile inquests and inquiries, including:

  • the Lakanal House fire inquest (for the bereaved and injured) 2013
  • The Leveson Inquiry (for the NUJ), 2011-2012 (see his cross examination of Rupert Murdoch by clicking here)
  • The Potters Bar train crash inquest (for the bereaved), 2010
  • the Ladbroke Grove Train Crash inquiry (for the victims), 2000
  • the Southall Train Crash inquiry (for the victims), 1999
  • the Street Markets inquiry for LB Tower Hamlets (chaired), 1991
  • the Woolf inquiry into the Strangeways Prison Riot (for the POA), 1990
  • the Kings Cross Fire disaster (for the Association of London Local Authorities) 1986.

 

In the past his practice included:

  • personal injury work, predominantly claimant work injuries, disease and death
  • representing doctors and others in disciplinary and regulatory cases

 

He is also:

  • An Honorary Professor in the Faculty of Law, University College, London
  • President of the International Centre for Trade Union Rights
  • Chair of the Institute of Employment Rights
  • Vice-President of the Campaign for Trade Union Freedom
  • Fellow of the Royal Society of Medicine
  • Fellow of the Society of Advanced Legal Studies

 

He is a frequent writer and speaker on trade union rights issues.

 

Career

1969             LLB (London University external; studied at Ealing technical College)

1971             LLM (Queen’s, Belfast)

1972             Call to Bar (Gray’s Inn)

1972-3          Pupillage

1973-6          Director (full-time), Newham Rights Centre, East London

1976-7          Lecturer (labour and welfare law), Middlesex Polytechnic (now University)

1977             Began practice at the Bar of England and Wales

1987             Appointed Queen’s Counsel

1995             Appointed Bencher of Gray’s Inn

1998             Admitted to Bar of New South Wales

1999-2008    Head of Old Square Chambers

1999-2005    Appointed Visiting Professor, School of Law, Kings College, London

2014             Appointed Honorary Professor, Faculty of Law, University College, London

2015             Appointed a consultant to the International Trade Union Confederation in Brussels

 

Standing counsel to

  • Associated Society of Locomotive Engineers and Firemen
  • Communication Workers’ Union
  • National Union of Journalists
  • National Union of Mineworkers
  • National Union of Rail, Maritime and Transport Workers
  • Prison Officers’ Association
  • UNITE the Union
  • University and College Union

 

Other relevant memberships

  • Senior advocacy trainer, Gray’s Inn
  • Employment Lawyers Association
  • Employment Law Bar Association (Chairman, 2003-5)
  • Human Rights Lawyers’ Association
  • Industrial Law Society
  • New South Wales Bar Association
  • South Eastern Circuit
  • Western Circuit
  • The Encyclopaedia of Employment Law editorial board
  • Amicus Curiae (Journal of the Society for Advanced Legal Studies) editorial board

 

  • John has currently 5 on-going ECtHR cases, one for Unite the Union, one for the Irish Congress of Trade Unions (both raising Article 11 issues), and three for individuals (in employment matters raising Articles 6, 8 and 11 issues).
  • He represents the Prison Officers’ Association and the ICTU in separate matters before the International Labour Organisation and the European Committee on Social Rights.
  • He is currently leading for Unite the Union in the group litigation arising from the construction workers’ blacklisting scandal. He is leading in a series of personal injury claims for civilians detained during the Iraq intervention.
  • He represents the widow of a soldier killed by friendly fire in Iraq.
  • He has an on-going doctor’s disciplinary case and a barrister’s disciplinary case.
  • On a daily basis, he advises a variety of unions on rule book and industrial action matters.

John is the Legal 500’s Employment Silk of the Year and other award givers have placed him amongst the runners up in that category over a number of years. He has many reported cases in these fields at all levels both on the individual and collective levels. He acted for the NUM in all the civil cases during the miners’ strike in 1984-5 and in resisting the pit closure programme of 1993.

He acted for the BA cabin crew in their dispute in 2010. He is certainly best known for his work in collective labour law and amongst his cases over the last few years have been:

...in the ECtHR:

  • ASLEF v. UK [2007] IRLR 361 - Trade union freedom, expulsion of fascists;
  • RMT v. UK (Appn No. 31045/10, 8 April 2014) - Right to strike (esp secondary action), legitimacy of restrictions on striking;


...in the House of Lords/Supreme Court:

  • Derbyshire v. St Helen’s BC [2007] ICR 841; [2007] 3 All ER 81; [2007] IRLR 540 - Victimisation in discrimination in attempt to settle equal pay claim;


...in the Court of Appeal:

  • Wain v. Guernsey Ship Management Ltd [2007] 1 ICR 294 - TUPE - economic entity;
  • Mezey v. SW London & St George’s Mental Health NHS Trust (No.1) [2007] EWCA Civ 106; [2007] I.R.L.R. 244; (2007) 94 B.M.L.R. 25 - Injunction to restrain suspension from employment upheld;
  • British Medical Association v. Chaudhary [2007] IRLR 800; 97 BMLR 15 - Race discrimination;
  • Rice and Thompson v. S of S for Trade and Injury [2007] ICR 1469;  PIQR P23 - Proximity in tort; National Dock Labour Board liable to dockers not employed by Board;
  • McConnell v. Bombardier Aerospace Short Bros plc [2009] IRLR 201 (Northern Ireland Court of Appeal) - Availability of interim relief for active trade unionists selected for that reason in a genuine redundancy;
  • Kulkarni v. Milton Keynes NHS Foundation Trust [2009] EWCA Civ 789; [2010] I.C.R. 101; [2009] I.R.L.R. 829; [2009] LS Law Medical 465; (2009) 109 B.M.L.R. 133 - Injunction: employing Trust to permit legal representation of doctor in disciplinary hearing; contractual term and Art.6 ECHR;
  • Metrobus Ltd v. UNITE the Union [2009] IRLR 851, [2010] ICR 173 – Injunction, right to strike and Article 11;
  • Mezey v. SW London & St George’s Mental Health NHS Trust (No.2) ­ [2010] EWCA Civ 293; [2010] I.R.L.R. 512; [2010] Med. L.R. 190; (2010) 154(13) S.J.L.B. 28 - injunction to restrain disciplinary proceedings;
  • Milford Haven Port Authority v. UNITE the Union [2010] EWCA Civ 400 – strike injunction, requirements of notice of industrial action;
  • National Union of Rail, Maritime and Transport Workers v. EDF Energy Powerlink Ltd [2010] EWCA Civ 173 - Injunction to restrain strike – notice of ballot challenged;
  • British Airways v. UNITE the Union [2010] ICR 1316; IRLR 809 – BA cabin crew dispute - strike injunction – notice of ballot result to members;
  • Malone v. British Airways [2011] IRLR 32; [2011] ICR 125; [2010] EWCA Civ 1225 - BA cabin crew dispute - claim for damages and injunction for changes to crew levels on aircraft – whether collective agreements incorporated and enforceable;
  • RMT v. Serco Ltd; ASLEF v. London & B’ham Rly [2011] EWCA Civ 226; [2011] 3 All E.R. 913; [2011] I.C.R. 848; [2011] I.R.L.R. 399 – strike injunction –  proper approach to ballots and notices;
  • Mattu v. University Hospitals of Coventry and Warwickshire NHS Trust [2012] IRLR 661; [2013] ICR 270; [2012] EWCA Civ 641 – Contract of employment, doctor, disciplinary procedures; Art.6 ECHR;
  • Graham v. Dept Work and Pensions [2012] EWCA Civ 903; [2012] IRLR 759– unfair dismissal; role of EAT;
  • Quashie v. Stringfellows Restaurants Ltd [2013] IRLR 99; [2012] EWCA Civ 1735 , [2013] NLJR 21, (2013) 157(1) S.J.L.B. 31, [2012] All ER ( D) 229 – whether club dancer was self-employed or an employee;
  • George v. Ministry of Justice [2013] EWCA Civ 324, [2008] All ER (D) 52; - incorporation of collective agreement into contract of employment;
  • East Midlands Trains Ltd v. RMT [2013] EWCA Civ 1072, [2013] All ER (D) 163 (Aug)  – construction of collective agreement, action short of strike, injunction;
  • R (URTU) v. Sec of State for Transport [2013] EWCA Civ 962; [2013] I.R.L.R. 890 - whether lack of provision for civil enforcement of Road Transport (Working Time) Regs 2005 made pursuant to EU Regulation was permissible;


...in the High Court:

  • Gryf-Lowczoski v. Hinchingbrooke Healthcare NHS Trust [2006] ICR 425; [2006] IRLR 100; [2006] Lloyd's Rep Med 199; [2006] 87 BMLR 46 - Frustration of contract of employment, disciplinary procedure, grant of injunction;
  • Kircher v. Hillingdon PCT [2006] Lloyds Rep Med 215 - Injunction to restrain purported dismissal by letter without exhausting disciplinary procedure;
  • ASLEF v Brady [2006] IRLR 576 EAT - Unfair dismissal, real reason for dismissal;
  • Palmer v. East & North Hertfordshire NHS Trust [2006] Lloyd's Rep Med 472 - Injunction to restrain purported termination by frustration;
  • Mattu v. University Hospitals Coventry and Warwickshire NHS Trust No.1 [2006] EWHC 1774 (QB); LTL 21/7/2006 - Injunction to restrain reliance on unproved charges in disciplinary penalty hearing;
  • Mezey v S.W.London & St. George’s etc Trust (No.1) [2007] IRLR 237 (QB) - Injunction granted by HC to restrain suspension of consultant undertaking not to do clinical work pending disciplinary inquiry;
  • Ministry of Justice v. Prison Officers Association [2007] IRLR 380, [2008] ICR 702 - Injunction against industrial action in breach of no-strike agreement;
  • Chan v. Barts & the London NHS Trust [2007] EWHC 2914 (QB); [2008] LS Law Medical 38 - Contract of employment, doctor - gross misconduct, terms of contract and disciplinary procedure;
  • Lakshmi v. Mid Cheshire Hospitals NHS Trust [2008] EWHC 878 (QB); [2008] I.R.L.R. 956; [2008] LS Law Medical 443 (QB) - Contract of employment, duty of mutual trust and confidence, doctor - breaches of procedure including internal appeal;
  • Royal Mail Group v. Communication Workers Union [2009] EWHC 1819 (QB) - Injunction to restrain strike - balloting constituency;
  • British Airways plc v. UNITE the Union [2010] IRLR 423 (QB Cox J) - BA cabin crew dispute - Injunction to restrain strike - notices and validity of ballot;
  • Bateman v. ASDA [2010] IRLR 370 - appeal on whether standard variation clause in handbook can alter terms and conditions of employment;
  • Dermott v. LB Harrow  [2011] EWHC 51 (QB) – personal injury claim arising from disciplinary procedure;
  • Talbot v. General federation of Trade Unions [2011] EWHC 84 (QB) - Trade union elections;
  • Richie v. UCATT [2011] EWHC  3613 (Ch) - trade union election, derivative action;
  • Balfour Beatty Engineering Services Ltd v. UNITE the Union [2012] IRLR 452; [2012] ICR 822 (QB) - strike injunction - balloting constituency dependent on union’s belief;
  • Metroline Travel Ltd v. UNITE [2012] IRLR 749 (QB) - strike injunction - whether notice sufficiently clear;
  • Smith v. Carillion (JM) Ltd UKEAT/0081/13/MC, 2014 WL 16572 (EAT) - blacklisted worker, whether protected under legislation, construction in light of Art 11 ECHR.

Most of John’s JR work arises out of employment cases. They include:

  • R (on appn of Lin) v. Sec of State for Transport [2006] EWHC 2575 (Admin); [2006] Inqu LR 161 - Enhanced inquest sufficient to fulfil Article 2 requirement to investigate multiple deaths in railway crash (Potters Bar) - public Inquiry not therefore required;
  • R (Kashyap) v. General Medical council [2009] EWHC 2873 (Admin) JR of FTP Panel decision;
  • R (on the application of Bakhsh) v. Northumberland Tyne and Wear NHS Foundation Trust [2012] EWHC 1445 (Admin) - permission granted to JR (on grounds of failure to provide effective remedy for breach of Art 11) public sector employer’s decision to refuse to comply with ET re-engagement order for worker dismissed for trade union activity;
  • R (Mehey) v. Visitors to the Inns of Court and Bar Standards Board [2013] EWHC 3097 (Admin) – challenge to composition of disciplinary panels, time expired members, de facto judge doctrine, Art.6 ECHR;
  • R (Boots) v. Central Arbitration Committee, PDAU [2014] EWHC 65 (Admin), 2014] IRLR 278 – statutory recognition machinery incompatible with Art 11 ECHR.

John has also appeared in many high-profile inquests and inquiries, including:

pAwards

C&P 2018 Leading Barrister Legal 500 2017 Leading Individual 2017 C&P Leading individual 2016 L500 Leading Individual C&P 2016 Ranked Barrister L500 2015 leading individual Chambers & Partners 2015 Barrister Ranked in Chambers & Partners 2014 Legal 500 Top Ranked Barrister 2014 Legal 500 Employment Silk of The Year - 2013 John Hendy QC - Ranked in Chambers 100 - UK Bar Ranked in Legal 500 2013 The Lawyer - Hot 100

John Hendy QC was called to the Bar in 1972 commenced practice in 1977 and took silk in 1987.

You can download a Full CV for John which lists all his reported cases, by clicking here.

Chambers & Partners 2017 call him ‘a forceful and robust advocate, and tremendously authoritative’ and place him in ‘The top flight of industrial action lawyers’ adding that ‘He's absolutely first-class, one of the top advocates for complex medical and employment-related disciplinary cases. If you want someone to really go for it, he's first-rate and hugely experienced.’ The Legal 500, 2015 describes him as ‘One of the best advocates at the Bar; supreme in the field of collective labour law’. Chambers 2015 says: Recognised as the leading silk at the Employment Bar when it comes to handling industrial relations cases ... His experience and skill in this area are lauded by clients and peers alike, who also praise him for his straightforward and effective advocacy’ and Chambers 2014 said: ‘A major figure in cases involving industrial relations, and a go-to barrister for a number of unions. He is well known for his work on high-profile, precedent-setting cases, and is an expert on injunctive restraints to industrial relations.’ “He is an incredibly calm advocate who is very creative in looking at cases and taking them to the appellate level." Chambers 2013 spoke of ‘the absolutely excellent John Hendy QC, who is a terrific fighter and an authoritative silk respected by opposing counsel, instructing solicitors and members of the judiciary.’ ‘A leading specialist in industrial relations cases, market sources say he superbly handles work of the utmost complexity and he continues to be a favoured choice of many notable solicitors for cutting-edge cases.’ The Legal 500, 2013 described ‘Star performer John Hendy QC as an extremely versatile advocate who can master any area of law.’ Chambers 2012 recorded that he ‘has the gravitas to pull off difficult arguments’ and Chambers 2011 said he is ‘capable at looking at cases from angles others might not, he is a very through advocate who certainly captures the attention of the court’; he is ‘a delight to deal with’, ‘has a really nice touch with clients’ and ‘advocacy skills that simply knock opponents out.’ It said that ‘solicitors favour him as he is always thorough and well prepared, and has total command of the documents in front of him’. The Legal 500 (2011) described him as an ‘outstanding leader with unrivalled knowledge of trade union law’.

 

Without doubt he is best known for his work in industrial relations and employment law, having appeared in most of the UK's leading collective labour law cases in the last 36 years.

John has taken 9 cases to the European Court of Human Rights and appeared in in the Court of Justice of the European Union. He has appeared in 12 cases in the Supreme Court (including the House of Lords and the Privy Council), and has 68 reported cases in the Court of Appeal and 82 in the High Court. He has drafted applications to the supervisory committees of the International labour Organisation and European Social Charter.

 

He has also appeared in many high-profile inquests and inquiries, including:

  • the Lakanal House fire inquest (for the bereaved and injured) 2013
  • The Leveson Inquiry (for the NUJ), 2011-2012 (see his cross examination of Rupert Murdoch by clicking here)
  • The Potters Bar train crash inquest (for the bereaved), 2010
  • the Ladbroke Grove Train Crash inquiry (for the victims), 2000
  • the Southall Train Crash inquiry (for the victims), 1999
  • the Street Markets inquiry for LB Tower Hamlets (chaired), 1991
  • the Woolf inquiry into the Strangeways Prison Riot (for the POA), 1990
  • the Kings Cross Fire disaster (for the Association of London Local Authorities) 1986.

 

In the past his practice included:

  • personal injury work, predominantly claimant work injuries, disease and death
  • representing doctors and others in disciplinary and regulatory cases

 

He is also:

  • An Honorary Professor in the Faculty of Law, University College, London
  • President of the International Centre for Trade Union Rights
  • Chair of the Institute of Employment Rights
  • Vice-President of the Campaign for Trade Union Freedom
  • Fellow of the Royal Society of Medicine
  • Fellow of the Society of Advanced Legal Studies

 

He is a frequent writer and speaker on trade union rights issues.

 

Career

1969             LLB (London University external; studied at Ealing technical College)

1971             LLM (Queen’s, Belfast)

1972             Call to Bar (Gray’s Inn)

1972-3          Pupillage

1973-6          Director (full-time), Newham Rights Centre, East London

1976-7          Lecturer (labour and welfare law), Middlesex Polytechnic (now University)

1977             Began practice at the Bar of England and Wales

1987             Appointed Queen’s Counsel

1995             Appointed Bencher of Gray’s Inn

1998             Admitted to Bar of New South Wales

1999-2008    Head of Old Square Chambers

1999-2005    Appointed Visiting Professor, School of Law, Kings College, London

2014             Appointed Honorary Professor, Faculty of Law, University College, London

2015             Appointed a consultant to the International Trade Union Confederation in Brussels

 

Standing counsel to

  • Associated Society of Locomotive Engineers and Firemen
  • Communication Workers’ Union
  • National Union of Journalists
  • National Union of Mineworkers
  • National Union of Rail, Maritime and Transport Workers
  • Prison Officers’ Association
  • UNITE the Union
  • University and College Union

 

Other relevant memberships

  • Senior advocacy trainer, Gray’s Inn
  • Employment Lawyers Association
  • Employment Law Bar Association (Chairman, 2003-5)
  • Human Rights Lawyers’ Association
  • Industrial Law Society
  • New South Wales Bar Association
  • South Eastern Circuit
  • Western Circuit
  • The Encyclopaedia of Employment Law editorial board
  • Amicus Curiae (Journal of the Society for Advanced Legal Studies) editorial board

 

  • John has currently 5 on-going ECtHR cases, one for Unite the Union, one for the Irish Congress of Trade Unions (both raising Article 11 issues), and three for individuals (in employment matters raising Articles 6, 8 and 11 issues).
  • He represents the Prison Officers’ Association and the ICTU in separate matters before the International Labour Organisation and the European Committee on Social Rights.
  • He is currently leading for Unite the Union in the group litigation arising from the construction workers’ blacklisting scandal. He is leading in a series of personal injury claims for civilians detained during the Iraq intervention.
  • He represents the widow of a soldier killed by friendly fire in Iraq.
  • He has an on-going doctor’s disciplinary case and a barrister’s disciplinary case.
  • On a daily basis, he advises a variety of unions on rule book and industrial action matters.

John is the Legal 500’s Employment Silk of the Year and other award givers have placed him amongst the runners up in that category over a number of years. He has many reported cases in these fields at all levels both on the individual and collective levels. He acted for the NUM in all the civil cases during the miners’ strike in 1984-5 and in resisting the pit closure programme of 1993.

He acted for the BA cabin crew in their dispute in 2010. He is certainly best known for his work in collective labour law and amongst his cases over the last few years have been:

...in the ECtHR:

  • ASLEF v. UK [2007] IRLR 361 - Trade union freedom, expulsion of fascists;
  • RMT v. UK (Appn No. 31045/10, 8 April 2014) - Right to strike (esp secondary action), legitimacy of restrictions on striking;


...in the House of Lords/Supreme Court:

  • Derbyshire v. St Helen’s BC [2007] ICR 841; [2007] 3 All ER 81; [2007] IRLR 540 - Victimisation in discrimination in attempt to settle equal pay claim;


...in the Court of Appeal:

  • Wain v. Guernsey Ship Management Ltd [2007] 1 ICR 294 - TUPE - economic entity;
  • Mezey v. SW London & St George’s Mental Health NHS Trust (No.1) [2007] EWCA Civ 106; [2007] I.R.L.R. 244; (2007) 94 B.M.L.R. 25 - Injunction to restrain suspension from employment upheld;
  • British Medical Association v. Chaudhary [2007] IRLR 800; 97 BMLR 15 - Race discrimination;
  • Rice and Thompson v. S of S for Trade and Injury [2007] ICR 1469;  PIQR P23 - Proximity in tort; National Dock Labour Board liable to dockers not employed by Board;
  • McConnell v. Bombardier Aerospace Short Bros plc [2009] IRLR 201 (Northern Ireland Court of Appeal) - Availability of interim relief for active trade unionists selected for that reason in a genuine redundancy;
  • Kulkarni v. Milton Keynes NHS Foundation Trust [2009] EWCA Civ 789; [2010] I.C.R. 101; [2009] I.R.L.R. 829; [2009] LS Law Medical 465; (2009) 109 B.M.L.R. 133 - Injunction: employing Trust to permit legal representation of doctor in disciplinary hearing; contractual term and Art.6 ECHR;
  • Metrobus Ltd v. UNITE the Union [2009] IRLR 851, [2010] ICR 173 – Injunction, right to strike and Article 11;
  • Mezey v. SW London & St George’s Mental Health NHS Trust (No.2) ­ [2010] EWCA Civ 293; [2010] I.R.L.R. 512; [2010] Med. L.R. 190; (2010) 154(13) S.J.L.B. 28 - injunction to restrain disciplinary proceedings;
  • Milford Haven Port Authority v. UNITE the Union [2010] EWCA Civ 400 – strike injunction, requirements of notice of industrial action;
  • National Union of Rail, Maritime and Transport Workers v. EDF Energy Powerlink Ltd [2010] EWCA Civ 173 - Injunction to restrain strike – notice of ballot challenged;
  • British Airways v. UNITE the Union [2010] ICR 1316; IRLR 809 – BA cabin crew dispute - strike injunction – notice of ballot result to members;
  • Malone v. British Airways [2011] IRLR 32; [2011] ICR 125; [2010] EWCA Civ 1225 - BA cabin crew dispute - claim for damages and injunction for changes to crew levels on aircraft – whether collective agreements incorporated and enforceable;
  • RMT v. Serco Ltd; ASLEF v. London & B’ham Rly [2011] EWCA Civ 226; [2011] 3 All E.R. 913; [2011] I.C.R. 848; [2011] I.R.L.R. 399 – strike injunction –  proper approach to ballots and notices;
  • Mattu v. University Hospitals of Coventry and Warwickshire NHS Trust [2012] IRLR 661; [2013] ICR 270; [2012] EWCA Civ 641 – Contract of employment, doctor, disciplinary procedures; Art.6 ECHR;
  • Graham v. Dept Work and Pensions [2012] EWCA Civ 903; [2012] IRLR 759– unfair dismissal; role of EAT;
  • Quashie v. Stringfellows Restaurants Ltd [2013] IRLR 99; [2012] EWCA Civ 1735 , [2013] NLJR 21, (2013) 157(1) S.J.L.B. 31, [2012] All ER ( D) 229 – whether club dancer was self-employed or an employee;
  • George v. Ministry of Justice [2013] EWCA Civ 324, [2008] All ER (D) 52; - incorporation of collective agreement into contract of employment;
  • East Midlands Trains Ltd v. RMT [2013] EWCA Civ 1072, [2013] All ER (D) 163 (Aug)  – construction of collective agreement, action short of strike, injunction;
  • R (URTU) v. Sec of State for Transport [2013] EWCA Civ 962; [2013] I.R.L.R. 890 - whether lack of provision for civil enforcement of Road Transport (Working Time) Regs 2005 made pursuant to EU Regulation was permissible;


...in the High Court:

  • Gryf-Lowczoski v. Hinchingbrooke Healthcare NHS Trust [2006] ICR 425; [2006] IRLR 100; [2006] Lloyd's Rep Med 199; [2006] 87 BMLR 46 - Frustration of contract of employment, disciplinary procedure, grant of injunction;
  • Kircher v. Hillingdon PCT [2006] Lloyds Rep Med 215 - Injunction to restrain purported dismissal by letter without exhausting disciplinary procedure;
  • ASLEF v Brady [2006] IRLR 576 EAT - Unfair dismissal, real reason for dismissal;
  • Palmer v. East & North Hertfordshire NHS Trust [2006] Lloyd's Rep Med 472 - Injunction to restrain purported termination by frustration;
  • Mattu v. University Hospitals Coventry and Warwickshire NHS Trust No.1 [2006] EWHC 1774 (QB); LTL 21/7/2006 - Injunction to restrain reliance on unproved charges in disciplinary penalty hearing;
  • Mezey v S.W.London & St. George’s etc Trust (No.1) [2007] IRLR 237 (QB) - Injunction granted by HC to restrain suspension of consultant undertaking not to do clinical work pending disciplinary inquiry;
  • Ministry of Justice v. Prison Officers Association [2007] IRLR 380, [2008] ICR 702 - Injunction against industrial action in breach of no-strike agreement;
  • Chan v. Barts & the London NHS Trust [2007] EWHC 2914 (QB); [2008] LS Law Medical 38 - Contract of employment, doctor - gross misconduct, terms of contract and disciplinary procedure;
  • Lakshmi v. Mid Cheshire Hospitals NHS Trust [2008] EWHC 878 (QB); [2008] I.R.L.R. 956; [2008] LS Law Medical 443 (QB) - Contract of employment, duty of mutual trust and confidence, doctor - breaches of procedure including internal appeal;
  • Royal Mail Group v. Communication Workers Union [2009] EWHC 1819 (QB) - Injunction to restrain strike - balloting constituency;
  • British Airways plc v. UNITE the Union [2010] IRLR 423 (QB Cox J) - BA cabin crew dispute - Injunction to restrain strike - notices and validity of ballot;
  • Bateman v. ASDA [2010] IRLR 370 - appeal on whether standard variation clause in handbook can alter terms and conditions of employment;
  • Dermott v. LB Harrow  [2011] EWHC 51 (QB) – personal injury claim arising from disciplinary procedure;
  • Talbot v. General federation of Trade Unions [2011] EWHC 84 (QB) - Trade union elections;
  • Richie v. UCATT [2011] EWHC  3613 (Ch) - trade union election, derivative action;
  • Balfour Beatty Engineering Services Ltd v. UNITE the Union [2012] IRLR 452; [2012] ICR 822 (QB) - strike injunction - balloting constituency dependent on union’s belief;
  • Metroline Travel Ltd v. UNITE [2012] IRLR 749 (QB) - strike injunction - whether notice sufficiently clear;
  • Smith v. Carillion (JM) Ltd UKEAT/0081/13/MC, 2014 WL 16572 (EAT) - blacklisted worker, whether protected under legislation, construction in light of Art 11 ECHR.

Most of John’s JR work arises out of employment cases. They include:

  • R (on appn of Lin) v. Sec of State for Transport [2006] EWHC 2575 (Admin); [2006] Inqu LR 161 - Enhanced inquest sufficient to fulfil Article 2 requirement to investigate multiple deaths in railway crash (Potters Bar) - public Inquiry not therefore required;
  • R (Kashyap) v. General Medical council [2009] EWHC 2873 (Admin) JR of FTP Panel decision;
  • R (on the application of Bakhsh) v. Northumberland Tyne and Wear NHS Foundation Trust [2012] EWHC 1445 (Admin) - permission granted to JR (on grounds of failure to provide effective remedy for breach of Art 11) public sector employer’s decision to refuse to comply with ET re-engagement order for worker dismissed for trade union activity;
  • R (Mehey) v. Visitors to the Inns of Court and Bar Standards Board [2013] EWHC 3097 (Admin) – challenge to composition of disciplinary panels, time expired members, de facto judge doctrine, Art.6 ECHR;
  • R (Boots) v. Central Arbitration Committee, PDAU [2014] EWHC 65 (Admin), 2014] IRLR 278 – statutory recognition machinery incompatible with Art 11 ECHR.

John has also appeared in many high-profile inquests and inquiries, including:

pAwards

C&P 2018 Leading Barrister Legal 500 2017 Leading Individual 2017 C&P Leading individual 2016 L500 Leading Individual C&P 2016 Ranked Barrister L500 2015 leading individual Chambers & Partners 2015 Barrister Ranked in Chambers & Partners 2014 Legal 500 Top Ranked Barrister 2014 Legal 500 Employment Silk of The Year - 2013 John Hendy QC - Ranked in Chambers 100 - UK Bar Ranked in Legal 500 2013 The Lawyer - Hot 100
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