Katherine Fudakowski

Year of call 2008

CClerk

Jack Wheeler
020 7269 0337 Email Jack

Katherine is an experienced and highly regarded junior barrister with a thriving practice in the complimentary areas of employment and discrimination, education, safeguarding and the regulation of professional misconduct.

She brings to her practice a wide range of experience, before joining chambers, Katherine worked at the European Commission for the department of consumer protection and assisted the prosecution of perpetrators of the Rwandan genocide at the UN Tribunal in Tanzania.

Katherine acts in the private sector for a range of corporate clients, individuals, and charities. She is a registered provider on the Bar Public Access Scheme and is a panel member of the National Bar Pro Bono Unit

Education

Katherine studied at St Catharine's College, Cambridge and won the Lord Gooderson award for outstanding academic performance. She also won the Lord Bowen, Wadham and Wolfson academic Scholarships from Lincoln's Inn for her performance in her bar exams.

Appointments

Katherine sits as a panel member on the Camden Council School Appeal Board and determines appeals relating to school admissions and exclusion.

She is also a panel member to the International Paralympic Committee (IPC) anti-doping and classification appeal boards and adjudicates on alleged breaches of the anti-doping code and in relation to appeals against an athlete’s assigned sports class.

Katherine is also a Trustee of a City Farm and the lead on HR and safeguarding.

Professional Memberships

  • Employment Law Bar Association
  • Employment Lawyers Association
  • Industrial Law Society
  • The Institute of Employment Rights
  • Free Representation Unit
  • Bar Pro Bono Unit
  • Education Law Association

 

Training

Katherine enjoys providing interactive training to solicitors and clients; recent topics have included: ‘Disability discrimination update’ and ‘Risk assessments under the microscope: an exploration of legal standards and best practice’.

Please click the tabs below for details of Katherine’s work in her core practice areas.


Katherine represents employers and employees including public services, local authorities, trade unions, charities and individuals, in every type of employment case. She has considerable experience of multi-day discrimination and complex whistleblowing cases in the healthcare and financial services sector. She has excellent experience and success in representing clients at judicial mediation and securing advantageous settlement terms. Katherine acts in High Court wrongful dismissal claims, has advised on the enforceability of restrictive covenants and appeared in the High Court seeking injunctive relief and expedited trials.

  • Brettle and others v Dudley Metropolitan Council UKEAT/0103/17/JOJ. Successfully represented the Appellants (Brettle and others) in their appeal against the ET’s decision that there was no residual discretion to allow out of time amendments in a holiday pay claim.
  • Mrs Fatemeh Hassanzadeh v (1) City of Bradford MDC (2) National Union of Teachers (3) The Governing Body of Belle Vue Boys- [2016] UKEAT. Successfully represented the NUT in a bias appeal concerning the strike out of disability discrimination claims at PH stage.
  • Baker v Goldsmiths University- Successfully represented the Respondent in a whistleblowing case brought by an agency worker employed for less than 3 months.
  • Sergeant v The London Underground- successfully represented the Claimant in her 5-day sex discrimination claim.
  • Chappel v London North West Healthcare- successfully represented the Respondent in a constructive unfair dismissal claim involving over 20 incidents of alleged breach of contract spread over a number of years culminating in an alleged ‘last straw’.
  • Represented a barrister claiming unfair dismissal and sex discrimination at a judicial mediation resulting in very advantageous settlement terms.
  • Advising Dulwich College on the benefit entitlement of part time teaching staff in relation to the The Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000
  • Advising and representing the NUT in relation to the contractual entitlement of a group of music teachers to enhanced redundancy payments.
  • Dudak-Zienkiewicz v Care by Us- represented the Claimant in a test case concerning live in carers and the National Minimum Wage and Working Time Regulations.
  • Cornwall Council v. NUT [2013] UKEAT - represented the NUT at first instance and led by Rohan Pirani in the EAT. The case concerned the failure by a school which had converted to an academy to provide affected employees with sufficient information about the legal implications of the transfer or the transfer date.
  • Allen et al v. Carmarthenshire CC acted as junior to Michael Ford QC in a complex equal case involving 60 Claimant job groups and 18 comparator job groups.
  • Walker v. Church Mission Society ([2011] UKEAT 0036/11/1706) –Katherine represented a mission worker at first instance and in the EAT on the territorial scope of the right to claim unfair dismissal and whether the role was akin to that of an expatriate foreign correspondent.
  • Szabo v. City Centre Restaurants –successfully defending the Garfunkels restaurant chain in a 7-day case involving allegations of direct race discrimination and harassment by a Hungarian employee.
  • Chafesuka v. West London Mental Health NHS Trust/Garubbali v. South London and Maudsley NHS Foundation Trust - defending allegations of disability discrimination by failure to make reasonable adjustments.

Katherine’s multi-disciplinary practice is ideally suited to the fluidity of the education law sector. She is regularly instructed on behalf of parents, young persons, schools, academies, local authorities and Universities in cases concerning all aspects of Education Law including:

  • SEND
  • Discrimination (particularly disability discrimination) claims in the FTT and County Court
  • Negligence within schools, including claims for inadequate educational provision
  • Bullying claims
  • Admissions Appeals (including infant class size appeals)
  • Breach of contract claims against fee-paying schools and Universities (including claims for misrepresentation)
  • Academic appeals
  • NCTL (the Teacher Regulator) referrals.

 

As well as fighting discrimination claims for and against schools in the SEND Tribunal, Katherine is also frequently engaged in employment and professional discipline matters involving the education sector. She has a particular experience and interest in cases which involve alleged safeguarding failures. She is regularly instructed by the “NUT” at first instance and appellant level and has also successfully represented teachers at the NCTL.

Her recent work includes:

  • Representing a deputy head teacher at a 5 day NCTL hearing involving allegations of KS2 SATS maladministration.
  • Advising (public access) the parents whose child had been permanently excluded from school and drafting an internal appeal against exclusion.
  • Advising (public access) a FTT (“foreign trained teacher”) on the procedure for gaining qualified teacher status. Case involved interpretation of the regulations and issues of maternity discrimination.
  • Advising the National Union of Teachers (now the National Education Union) on whether the working hours of teachers at a number of primary schools breached the Working Time Regulations.
  • Representing a major London private secondary school at a five-day case before the SEN Tribunal to defend disability discrimination allegations that a dyslexic pupil’s needs were not adequately accommodated leading to poor A level performance.
  • Advising a major private secondary school regarding the referral of their teaching staff to the National College of Teaching and Learning (NCTL) involving allegations of failure to safeguard children.
  • Representing a top UK University in an appeal hearing brought before the Dean to determine whether the University had failed to accommodate the special educational needs of an architecture student who was not awarded her degree.
  • Advising a major London boys' day secondary school regarding a breach of contract and personal injury claim brought by two pupils and their parents.
  • Advising a major London private pre-prep school regarding a personal injury claim brought by a pupil who was injured on site. Katherine was involved in defending the PI action as well as reporting the incident to the HSE and devising a specific risk assessment to prevent similar accidents in the future.

Katherine has a broad professional discipline practice, representing individuals before their professional bodies, particularly in the healthcare, education and sport sectors.

Katherine appears regularly before the Nursing and Midwifery Council and Health Care Professional Council, at both the interim order stage and for substantive hearings. She has acted as junior counsel in an application for judicial review of the decision to dismiss a consultant urologist (Puri v Bradford Teaching Hospital [2011] IRLR 582) and an application for an interim injunction to restrain an NHS Trust from proceeding with disciplinary proceedings in breach of contract and Article 6 ECHR.

Katherine has a particular interest and experience in the education sector and has experience of representing teachers referred to the teaching regulator ‘the NCTL’, particularly in cases involving allegations of safeguarding.

  • Representing a deputy headteacher at a 5 day NCTL hearing involving allegations of KS2 SATS maladministration. Case involved cross examination of child witnesses and challenging STA (Standardised testing agency) investigations.
  • NMC v Obeso- Represented the Registrant at a five-day hearing involving analysis of 30 hours of CCTV footage. Successful resisted suspension from the register.
  • Chacko v NMC- Represented the Registrant at an Interim Orders Hearing and successfully argued for the revocation of the conditions of practice Order.
  • A-E v NCTL- Represented the ex-headmistress, deputy head, and three senior leaders of a major private school who were referred to the NCTL by a disgruntled former teacher. The case involved complex issues around safeguarding allegations, data protection and reputation management.
  • R (on the application of Puri) v. Bradford Teaching Hospital [2011] IRLR 582 – acting as junior counsel to Giles Powell in an application for judicial review of the decisions to dismiss Mr Puri using disciplinary and appeal panels comprising mainly Trust employees
  • Acting as junior to Giles Powell in an application for an interim injunction to restrain an NHS Trust from proceeding with disciplinary proceedings in breach of contract and Article 6 ECHR.

Katherine’s experience in employment law makes her well qualified to undertake HR support work.

Katherine has extensive experience advising in respect of disciplinary and grievance matters, particularly involving dishonesty/breach of trust and confidence, discrimination (including harassment and victimisation) and whistleblowing. This makes her ideally suited to undertake HR professional support work for clients.

She has conducted grievance investigations into bullying and harassment in the charity sector and supported disciplinary and grievance investigations undertaken in house.

Katherine had also provided advice on staff handbooks and policies, particularly in relation to child protection and safeguarding as well as undertaking department and employer-wide reviews of practice and procedure.

Katherine’s experience on the Camden School Appeal board and the International Paralympic Committee (IPC) anti-doping and classification appeal boards make her an ideal barrister to chair Chairing grievance and disciplinary hearing panels or appeals.

Her recent work includes:

  • Conducting an independent investigation on behalf of a top UK independent school into allegation of drug misuse and safeguarding failures.
  • Conducting an investigation on behalf of a premier league football club into allegations of bullying and safeguarding failures.
  • Representing a top UK University in an appeal hearing brought before the Dean to determine whether the University had failed to accommodate the special educational needs of an architecture student who was not awarded her degree.
  • Cornwall Council v. NUT [2013] EAT. Katherine represented the NUT at first instance and was led by Rohan Pirani in the EAT. The case concerned a Business and Enterprise college becoming an academy. The NUT claimed that Cornwall Council had breached reg 13 by failing to inform them of three ‘‘legal implications of the transfer” namely: (1) The removal of employees from the scope of section 218(7) ERA 1996 with possible effects on continuity of employment. (2) The change in status of the employees’ terms and conditions of employment from statutory to contractual. (2) The loss of the ability to partake in national collective bargaining. The ET found that all three constituted legal implications of the transfer and awarded 6 weeks' compensation for the failure to inform. The appeal brought by Cornwall Council argued that the NUT did not prove with evidence at first instance that the alleged legal implications were indeed legal implications which were actual consequences of the transfer. The NUT argued that the burden was neutral and further that there was evidence for the ET to find, as a matter of common sense that the three things were legal 'implications' though not necessarily all actual consequences of the transfer. The appeal was held on 13 January 2013 and upheld the Tribunal’s decision.
  • Puri v. Bradford Teaching Hospital [2011] IRLR 582. Katherine acted as junior to Giles Powel in an application for judicial review of the decision to dismiss a consultant urologist (Puri v Bradford Teaching Hospital [2011] IRLR 582) and an application for an interim injunction to restrain an NHS Trust from proceeding with disciplinary proceedings in breach of contract and Article 6 ECHR.
  • Walker v. Church Mission Society ([2011] UKEAT 0036/11/1706. Katherine represented a mission worker at first instance and in the EAT on the territorial scope of the right to claim unfair dismissal and whether the Claimant’s role was akin to that of an expatriate foreign correspondent.
  • Lakanal House Fires Inquests. Katherine acted on a pro-bono basis for the Sceaux Gardens Tenants’ and Residents’ Association who were given ‘properly interested person status’ for the ‘super inquest’ – with the six inquests to be held together – by previous coroner Mr Justice Thayne Forbes in March 2010. She appeared at a pre-inquest hearing and provided advice to the Association on the retention of their PIP status.
  • Allen et al v. Carmarthenshire CC. Katherine  acted as junior to Michael Ford QC in this complex equal case involving 60 Claimant job groups and 18 comparator job groups.
  • Chafesuka v. West London Mental Health NHS Trust/Garubbali v. South London and Maudsley NHS Foundation Trust. Katherine acted for the Respondent in both cases, defending allegations of disability discrimination by failure to make reasonable adjustments. The cases both involved numerous allegations of discrimination spread over a number of years, involving multiple witnesses and large amount of documentation.

pAwards

Katherine is an experienced and highly regarded junior barrister with a thriving practice in the complimentary areas of employment and discrimination, education, safeguarding and the regulation of professional misconduct.

She brings to her practice a wide range of experience, before joining chambers, Katherine worked at the European Commission for the department of consumer protection and assisted the prosecution of perpetrators of the Rwandan genocide at the UN Tribunal in Tanzania.

Katherine acts in the private sector for a range of corporate clients, individuals, and charities. She is a registered provider on the Bar Public Access Scheme and is a panel member of the National Bar Pro Bono Unit

Education

Katherine studied at St Catharine's College, Cambridge and won the Lord Gooderson award for outstanding academic performance. She also won the Lord Bowen, Wadham and Wolfson academic Scholarships from Lincoln's Inn for her performance in her bar exams.

Appointments

Katherine sits as a panel member on the Camden Council School Appeal Board and determines appeals relating to school admissions and exclusion.

She is also a panel member to the International Paralympic Committee (IPC) anti-doping and classification appeal boards and adjudicates on alleged breaches of the anti-doping code and in relation to appeals against an athlete’s assigned sports class.

Katherine is also a Trustee of a City Farm and the lead on HR and safeguarding.

Professional Memberships

  • Employment Law Bar Association
  • Employment Lawyers Association
  • Industrial Law Society
  • The Institute of Employment Rights
  • Free Representation Unit
  • Bar Pro Bono Unit
  • Education Law Association

 

Training

Katherine enjoys providing interactive training to solicitors and clients; recent topics have included: ‘Disability discrimination update’ and ‘Risk assessments under the microscope: an exploration of legal standards and best practice’.

Please click the tabs below for details of Katherine’s work in her core practice areas.


Katherine represents employers and employees including public services, local authorities, trade unions, charities and individuals, in every type of employment case. She has considerable experience of multi-day discrimination and complex whistleblowing cases in the healthcare and financial services sector. She has excellent experience and success in representing clients at judicial mediation and securing advantageous settlement terms. Katherine acts in High Court wrongful dismissal claims, has advised on the enforceability of restrictive covenants and appeared in the High Court seeking injunctive relief and expedited trials.

  • Brettle and others v Dudley Metropolitan Council UKEAT/0103/17/JOJ. Successfully represented the Appellants (Brettle and others) in their appeal against the ET’s decision that there was no residual discretion to allow out of time amendments in a holiday pay claim.
  • Mrs Fatemeh Hassanzadeh v (1) City of Bradford MDC (2) National Union of Teachers (3) The Governing Body of Belle Vue Boys- [2016] UKEAT. Successfully represented the NUT in a bias appeal concerning the strike out of disability discrimination claims at PH stage.
  • Baker v Goldsmiths University- Successfully represented the Respondent in a whistleblowing case brought by an agency worker employed for less than 3 months.
  • Sergeant v The London Underground- successfully represented the Claimant in her 5-day sex discrimination claim.
  • Chappel v London North West Healthcare- successfully represented the Respondent in a constructive unfair dismissal claim involving over 20 incidents of alleged breach of contract spread over a number of years culminating in an alleged ‘last straw’.
  • Represented a barrister claiming unfair dismissal and sex discrimination at a judicial mediation resulting in very advantageous settlement terms.
  • Advising Dulwich College on the benefit entitlement of part time teaching staff in relation to the The Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000
  • Advising and representing the NUT in relation to the contractual entitlement of a group of music teachers to enhanced redundancy payments.
  • Dudak-Zienkiewicz v Care by Us- represented the Claimant in a test case concerning live in carers and the National Minimum Wage and Working Time Regulations.
  • Cornwall Council v. NUT [2013] UKEAT - represented the NUT at first instance and led by Rohan Pirani in the EAT. The case concerned the failure by a school which had converted to an academy to provide affected employees with sufficient information about the legal implications of the transfer or the transfer date.
  • Allen et al v. Carmarthenshire CC acted as junior to Michael Ford QC in a complex equal case involving 60 Claimant job groups and 18 comparator job groups.
  • Walker v. Church Mission Society ([2011] UKEAT 0036/11/1706) –Katherine represented a mission worker at first instance and in the EAT on the territorial scope of the right to claim unfair dismissal and whether the role was akin to that of an expatriate foreign correspondent.
  • Szabo v. City Centre Restaurants –successfully defending the Garfunkels restaurant chain in a 7-day case involving allegations of direct race discrimination and harassment by a Hungarian employee.
  • Chafesuka v. West London Mental Health NHS Trust/Garubbali v. South London and Maudsley NHS Foundation Trust - defending allegations of disability discrimination by failure to make reasonable adjustments.

Katherine’s multi-disciplinary practice is ideally suited to the fluidity of the education law sector. She is regularly instructed on behalf of parents, young persons, schools, academies, local authorities and Universities in cases concerning all aspects of Education Law including:

  • SEND
  • Discrimination (particularly disability discrimination) claims in the FTT and County Court
  • Negligence within schools, including claims for inadequate educational provision
  • Bullying claims
  • Admissions Appeals (including infant class size appeals)
  • Breach of contract claims against fee-paying schools and Universities (including claims for misrepresentation)
  • Academic appeals
  • NCTL (the Teacher Regulator) referrals.

 

As well as fighting discrimination claims for and against schools in the SEND Tribunal, Katherine is also frequently engaged in employment and professional discipline matters involving the education sector. She has a particular experience and interest in cases which involve alleged safeguarding failures. She is regularly instructed by the “NUT” at first instance and appellant level and has also successfully represented teachers at the NCTL.

Her recent work includes:

  • Representing a deputy head teacher at a 5 day NCTL hearing involving allegations of KS2 SATS maladministration.
  • Advising (public access) the parents whose child had been permanently excluded from school and drafting an internal appeal against exclusion.
  • Advising (public access) a FTT (“foreign trained teacher”) on the procedure for gaining qualified teacher status. Case involved interpretation of the regulations and issues of maternity discrimination.
  • Advising the National Union of Teachers (now the National Education Union) on whether the working hours of teachers at a number of primary schools breached the Working Time Regulations.
  • Representing a major London private secondary school at a five-day case before the SEN Tribunal to defend disability discrimination allegations that a dyslexic pupil’s needs were not adequately accommodated leading to poor A level performance.
  • Advising a major private secondary school regarding the referral of their teaching staff to the National College of Teaching and Learning (NCTL) involving allegations of failure to safeguard children.
  • Representing a top UK University in an appeal hearing brought before the Dean to determine whether the University had failed to accommodate the special educational needs of an architecture student who was not awarded her degree.
  • Advising a major London boys' day secondary school regarding a breach of contract and personal injury claim brought by two pupils and their parents.
  • Advising a major London private pre-prep school regarding a personal injury claim brought by a pupil who was injured on site. Katherine was involved in defending the PI action as well as reporting the incident to the HSE and devising a specific risk assessment to prevent similar accidents in the future.

Katherine has a broad professional discipline practice, representing individuals before their professional bodies, particularly in the healthcare, education and sport sectors.

Katherine appears regularly before the Nursing and Midwifery Council and Health Care Professional Council, at both the interim order stage and for substantive hearings. She has acted as junior counsel in an application for judicial review of the decision to dismiss a consultant urologist (Puri v Bradford Teaching Hospital [2011] IRLR 582) and an application for an interim injunction to restrain an NHS Trust from proceeding with disciplinary proceedings in breach of contract and Article 6 ECHR.

Katherine has a particular interest and experience in the education sector and has experience of representing teachers referred to the teaching regulator ‘the NCTL’, particularly in cases involving allegations of safeguarding.

  • Representing a deputy headteacher at a 5 day NCTL hearing involving allegations of KS2 SATS maladministration. Case involved cross examination of child witnesses and challenging STA (Standardised testing agency) investigations.
  • NMC v Obeso- Represented the Registrant at a five-day hearing involving analysis of 30 hours of CCTV footage. Successful resisted suspension from the register.
  • Chacko v NMC- Represented the Registrant at an Interim Orders Hearing and successfully argued for the revocation of the conditions of practice Order.
  • A-E v NCTL- Represented the ex-headmistress, deputy head, and three senior leaders of a major private school who were referred to the NCTL by a disgruntled former teacher. The case involved complex issues around safeguarding allegations, data protection and reputation management.
  • R (on the application of Puri) v. Bradford Teaching Hospital [2011] IRLR 582 – acting as junior counsel to Giles Powell in an application for judicial review of the decisions to dismiss Mr Puri using disciplinary and appeal panels comprising mainly Trust employees
  • Acting as junior to Giles Powell in an application for an interim injunction to restrain an NHS Trust from proceeding with disciplinary proceedings in breach of contract and Article 6 ECHR.

Katherine’s experience in employment law makes her well qualified to undertake HR support work.

Katherine has extensive experience advising in respect of disciplinary and grievance matters, particularly involving dishonesty/breach of trust and confidence, discrimination (including harassment and victimisation) and whistleblowing. This makes her ideally suited to undertake HR professional support work for clients.

She has conducted grievance investigations into bullying and harassment in the charity sector and supported disciplinary and grievance investigations undertaken in house.

Katherine had also provided advice on staff handbooks and policies, particularly in relation to child protection and safeguarding as well as undertaking department and employer-wide reviews of practice and procedure.

Katherine’s experience on the Camden School Appeal board and the International Paralympic Committee (IPC) anti-doping and classification appeal boards make her an ideal barrister to chair Chairing grievance and disciplinary hearing panels or appeals.

Her recent work includes:

  • Conducting an independent investigation on behalf of a top UK independent school into allegation of drug misuse and safeguarding failures.
  • Conducting an investigation on behalf of a premier league football club into allegations of bullying and safeguarding failures.
  • Representing a top UK University in an appeal hearing brought before the Dean to determine whether the University had failed to accommodate the special educational needs of an architecture student who was not awarded her degree.
  • Cornwall Council v. NUT [2013] EAT. Katherine represented the NUT at first instance and was led by Rohan Pirani in the EAT. The case concerned a Business and Enterprise college becoming an academy. The NUT claimed that Cornwall Council had breached reg 13 by failing to inform them of three ‘‘legal implications of the transfer” namely: (1) The removal of employees from the scope of section 218(7) ERA 1996 with possible effects on continuity of employment. (2) The change in status of the employees’ terms and conditions of employment from statutory to contractual. (2) The loss of the ability to partake in national collective bargaining. The ET found that all three constituted legal implications of the transfer and awarded 6 weeks' compensation for the failure to inform. The appeal brought by Cornwall Council argued that the NUT did not prove with evidence at first instance that the alleged legal implications were indeed legal implications which were actual consequences of the transfer. The NUT argued that the burden was neutral and further that there was evidence for the ET to find, as a matter of common sense that the three things were legal 'implications' though not necessarily all actual consequences of the transfer. The appeal was held on 13 January 2013 and upheld the Tribunal’s decision.
  • Puri v. Bradford Teaching Hospital [2011] IRLR 582. Katherine acted as junior to Giles Powel in an application for judicial review of the decision to dismiss a consultant urologist (Puri v Bradford Teaching Hospital [2011] IRLR 582) and an application for an interim injunction to restrain an NHS Trust from proceeding with disciplinary proceedings in breach of contract and Article 6 ECHR.
  • Walker v. Church Mission Society ([2011] UKEAT 0036/11/1706. Katherine represented a mission worker at first instance and in the EAT on the territorial scope of the right to claim unfair dismissal and whether the Claimant’s role was akin to that of an expatriate foreign correspondent.
  • Lakanal House Fires Inquests. Katherine acted on a pro-bono basis for the Sceaux Gardens Tenants’ and Residents’ Association who were given ‘properly interested person status’ for the ‘super inquest’ – with the six inquests to be held together – by previous coroner Mr Justice Thayne Forbes in March 2010. She appeared at a pre-inquest hearing and provided advice to the Association on the retention of their PIP status.
  • Allen et al v. Carmarthenshire CC. Katherine  acted as junior to Michael Ford QC in this complex equal case involving 60 Claimant job groups and 18 comparator job groups.
  • Chafesuka v. West London Mental Health NHS Trust/Garubbali v. South London and Maudsley NHS Foundation Trust. Katherine acted for the Respondent in both cases, defending allegations of disability discrimination by failure to make reasonable adjustments. The cases both involved numerous allegations of discrimination spread over a number of years, involving multiple witnesses and large amount of documentation.

pAwards

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