Oliver Isaacs

Year of call 2000

CClerk

Paul Adams
020 7269 0305 Email Paul

Oliver Isaacs has over 15 years' experience dealing with commercial and employment disputes.  He is particularly adept at dealing with claims involving directors, minority shareholders, restrictive covenants and breaches of confidentiality.

Whilst Oliver is regularly instructed to deal with routine employment claims (discrimination, whistleblowing, unfair dismissal etc.), he has particular experience in  dealing with claims for bonuses, contractual redundancy payments, and permanent health insurance.  Given the often high value of claim he is instructed in Oliver regularly appears in the Employment Appeal Tribunal and the High Court.

Oliver regularly partakes in judicial and other mediations regarding employment and wider commercial disputes.

Oliver undertakes work via Direct Access, and is prepared to consider Conditional Fee and Damages Based Agreements.

Oliver regularly lectures and conducts external seminars to key clients throughout the UK. He is able to provide  bespoke in-house training on all aspects of employment and discrimination and civil and commercial law.

Professional Memberships

Employment Law Association
Employment Law Bar Association

Oliver’s most recent cases include:-

  • Chindove v Morrison Supermarkets Plc (No 2) (2017) (Unreported) - An appeal on whether an employee had affirmed his contract of employment.
  • ICTS (UK) Limited v Visram [2016] UKEAT 0344_15_2607 – An appeal against an ET’s finding that the dismissal of an employee in receipt of long term disability benefits was both unfair and discriminatory.  The EAT held that the employment tribunal had permissibly found that the employee had had an express contractual right to long-term disability benefits and an implied right not to be dismissed, save for good cause, when on long-term sick leave, in circumstances in which he would have lost his entitlement to those benefits following dismissal.  Oliver acted on behalf of Mr Visram both in the ET and the EAT.  The case has been appealed by both parties to the EAT on remedy.
  • Smith v Gartner UK Ltd [2016] UKEAT/0279/15/LA – An appeal against the striking out of a Claimant’s claim of discrimination.  The claim arose from the failure to pay permanent health insurance benefits until an amended retirement age of 65yrs old.

Unfair Dismissal

Oliver has extensive experience of the full range of unfair dismissal claims, acting for both employers and employees.  He regularly advises approved persons and those that are regulated by professional bodies.

Oliver is instructed by a broad range of private and public sector clients, but has particular expertise dealing with the banking sector, healthcare and media/entertainment industries.

Recent Cases

  • McWilliams v Citibank NA - Successfully acting for an FX trader against a major UK bank in a 10 day case where the employee was dismissed for breach of confidentiality.
  • Bennett v Jamaica Tourist Board - Successfully acting on behalf of an employee dismissed for comments on facebook.  The action involved cross examining the High Commissioner of Jamaica.
  • A v B - Successfully advising an employee on his claim of unfair dismissal against a government of a British Occupied Territory which asserted that it had “state immunity.”
  • Lasseter v DWP - Successfully obtaining an order of re-engagement on behalf of an employee unfairly dismissed by the Department for Work and Pensions on the grounds of capability.
  • Walsh v Yellow Pages Sales Limited [2011] UKEAT/0103/11/DA - (sub nom Conant v Arriva Trains Wales) - A conjoined appeal where the EAT reviewed the authorities on when it is admissable for the Employment Tribunal to substitute its own view of the fairness for dismissal for that of the employer. Oliver appeared for Mr Walsh (in the EAT but not the ET) in successfully resisting Yellow Pages' appeal.
  • Holt v RES on Site Limited [2014] UKEAT 0410_13_2702 - Successfully resisting an unfair dismissal appeal where dismissing officer and appeal officer would not have reached the same conclusion on dismissal.  Employment Judge found dismissal fair having applying Taylor v OCS Group Ltd [2006] IRLR 613 EAT.
  • Advising employees of major public schools on allegations of misconduct.

 

Discrimination

Oliver is frequently involved in cases where serious discrimination is alleged and acts for employers and employees alike.  He has particular expertise in dealing with disability cases and dealing with those who suffer from depression/anxiety and stress.

Recent cases

  • Gayle v Z2K & Others - Acting for a part-time Judge of the EAT accused of disability discrimination.  Oliver was able to have the claim against the Judge struck out.
  • Alukpe v South Thames College - Successfully acting for a sixth form college accused of race discrimination, harassment, disability discrimination, sex discrimination, equal pay (amongst other claims) which lasted 18 days.
  • Hosso v ECM Ltd (No 2) [2011] EWCA Civ 1589 - Successfully appearing on behalf of European Credit Management Ltd in the defence of a £4m equal pay/sex discrimination claim by a former employee.
  • Timbo v Grenwich Council for Racial Equality [2013] EqLR 1010 – An appeal against the ET’s decision to strike out a Claimant’s claim three days into a liability hearing and whether it is appropriate to strike out where there are disputed facts.
  • Representing an employer in a case involving perceived disability discrimination.

 

Whistleblowing

Oliver regularly provides advisory and advocacy assistance in this specialist area. He is instructed by both employees and employers, regarding their rights and obligations following the making of protected disclosures. Given Oliver’s experience he is best placed to provide objective, independent confidential advice and support.

Recent cases

  • X v Y -  Advising a medical director who alleged he was construct,ively dismissed having made disclosures which referenced contraventions of “Good Medical Practice.”
  • BMA v Jesudason - Advising a consultant whether he was obliged to repay legal costs to the BMA following failed High Court proceedings involving whistleblowing.
  • Successfully resisting an application for interim relief by an employee of a charity who suggested that he had been dismissed for having made protected disclosures.
  • Securing a high six figure settlement against a major banking institution.
  • Advising numerous employees who alleged that there had been breaches of the FCA Handbook.

 

Transfer of Undertakings

Oliver regularly advises employers and employees with the complexities of TUPE 2006.

Recent Cases

  • Successfully appearing for an employee where it was contended by the employer that there was a “sham” assignment of employees to the undertaking transferred.
  • Advising an employee on whether within the context of a service provision change a service had become too fragmented to mean that there was no transfer.
  • F & G Cleaners v Saddington [2012] IRLR 892 - An appeal on the principles to be applied to mitigation of loss in the context of a TUPE transfer.

 

Other Cases

  • Alukpe v South Thames College [2014] UKEAT 0395
  • Stepford Homes v Lee & Others [2012] EWHC 4433
  • Fullerton v Interrights [2010] UKEAT/0251/09
  • Spicknell v The Wilts and Dorset Bus Company [2010] UKEATPA/1715/09
  • Royal Bank of Scotland v Wilson [2009] UKEAT/0363/08
  • Hosso v ECM Ltd (No 1) [2008] All ER D 160
  • Gladwell v Secretary of State for Trade and Industry [2007] ICR 264
  • Mowels v Vox Displays Limited [2007] All ER (D) 40.

Oliver is instructed in a wide range of commercial litigation, advising on both contentious (including any resulting litigation) and non-contentious matters.  Oliver has assisted senior executives and companies on non-contentious matters including drafting and advising on: Shareholder agreements, share sale agreements, partnership agreements, exclusivity agreements, and LTIP/bonus agreements.

Oliver is also an experienced advocate and adviser in a broad range of commercial disputes, at all stages from pre-action and interim stages to trials. He appears in both the High Court and the County Court, in matters relating to:

  • Commercial expertise in contractual disputes, directors duties, partnership and shareholder rights.
  • Injunction proceedings both for claimants and defendants, in the High Court on restrictive covenants, breaches of confidentiality and generally in obtaining or defending the grant of injunctive relief.
  • Employment claims relating to bonuses, contractual redundancy payments, permanent health insurance and negligent references.
  • Oliver also has extensive experience dealing with any subsequent professional negligence issues that arise from Employment and Commercial disputes; and is well versed in the particular issues relating to the quantification of damages and evaluation of "lost chances" which arise in such cases.

 

Oliver accepts instructions under the Bar’s Public Access Scheme.


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

  • Conducting independent investigations.
  • Advising on the conduct of the investigation and disciplinary process.
  • Acting as an independent chair of grievance, disciplinary and appeal panels.

pAwards

Oliver Isaacs has over 15 years' experience dealing with commercial and employment disputes.  He is particularly adept at dealing with claims involving directors, minority shareholders, restrictive covenants and breaches of confidentiality.

Whilst Oliver is regularly instructed to deal with routine employment claims (discrimination, whistleblowing, unfair dismissal etc.), he has particular experience in  dealing with claims for bonuses, contractual redundancy payments, and permanent health insurance.  Given the often high value of claim he is instructed in Oliver regularly appears in the Employment Appeal Tribunal and the High Court.

Oliver regularly partakes in judicial and other mediations regarding employment and wider commercial disputes.

Oliver undertakes work via Direct Access, and is prepared to consider Conditional Fee and Damages Based Agreements.

Oliver regularly lectures and conducts external seminars to key clients throughout the UK. He is able to provide  bespoke in-house training on all aspects of employment and discrimination and civil and commercial law.

Professional Memberships

Employment Law Association
Employment Law Bar Association

Oliver’s most recent cases include:-

  • Chindove v Morrison Supermarkets Plc (No 2) (2017) (Unreported) - An appeal on whether an employee had affirmed his contract of employment.
  • ICTS (UK) Limited v Visram [2016] UKEAT 0344_15_2607 – An appeal against an ET’s finding that the dismissal of an employee in receipt of long term disability benefits was both unfair and discriminatory.  The EAT held that the employment tribunal had permissibly found that the employee had had an express contractual right to long-term disability benefits and an implied right not to be dismissed, save for good cause, when on long-term sick leave, in circumstances in which he would have lost his entitlement to those benefits following dismissal.  Oliver acted on behalf of Mr Visram both in the ET and the EAT.  The case has been appealed by both parties to the EAT on remedy.
  • Smith v Gartner UK Ltd [2016] UKEAT/0279/15/LA – An appeal against the striking out of a Claimant’s claim of discrimination.  The claim arose from the failure to pay permanent health insurance benefits until an amended retirement age of 65yrs old.

Unfair Dismissal

Oliver has extensive experience of the full range of unfair dismissal claims, acting for both employers and employees.  He regularly advises approved persons and those that are regulated by professional bodies.

Oliver is instructed by a broad range of private and public sector clients, but has particular expertise dealing with the banking sector, healthcare and media/entertainment industries.

Recent Cases

  • McWilliams v Citibank NA - Successfully acting for an FX trader against a major UK bank in a 10 day case where the employee was dismissed for breach of confidentiality.
  • Bennett v Jamaica Tourist Board - Successfully acting on behalf of an employee dismissed for comments on facebook.  The action involved cross examining the High Commissioner of Jamaica.
  • A v B - Successfully advising an employee on his claim of unfair dismissal against a government of a British Occupied Territory which asserted that it had “state immunity.”
  • Lasseter v DWP - Successfully obtaining an order of re-engagement on behalf of an employee unfairly dismissed by the Department for Work and Pensions on the grounds of capability.
  • Walsh v Yellow Pages Sales Limited [2011] UKEAT/0103/11/DA - (sub nom Conant v Arriva Trains Wales) - A conjoined appeal where the EAT reviewed the authorities on when it is admissable for the Employment Tribunal to substitute its own view of the fairness for dismissal for that of the employer. Oliver appeared for Mr Walsh (in the EAT but not the ET) in successfully resisting Yellow Pages' appeal.
  • Holt v RES on Site Limited [2014] UKEAT 0410_13_2702 - Successfully resisting an unfair dismissal appeal where dismissing officer and appeal officer would not have reached the same conclusion on dismissal.  Employment Judge found dismissal fair having applying Taylor v OCS Group Ltd [2006] IRLR 613 EAT.
  • Advising employees of major public schools on allegations of misconduct.

 

Discrimination

Oliver is frequently involved in cases where serious discrimination is alleged and acts for employers and employees alike.  He has particular expertise in dealing with disability cases and dealing with those who suffer from depression/anxiety and stress.

Recent cases

  • Gayle v Z2K & Others - Acting for a part-time Judge of the EAT accused of disability discrimination.  Oliver was able to have the claim against the Judge struck out.
  • Alukpe v South Thames College - Successfully acting for a sixth form college accused of race discrimination, harassment, disability discrimination, sex discrimination, equal pay (amongst other claims) which lasted 18 days.
  • Hosso v ECM Ltd (No 2) [2011] EWCA Civ 1589 - Successfully appearing on behalf of European Credit Management Ltd in the defence of a £4m equal pay/sex discrimination claim by a former employee.
  • Timbo v Grenwich Council for Racial Equality [2013] EqLR 1010 – An appeal against the ET’s decision to strike out a Claimant’s claim three days into a liability hearing and whether it is appropriate to strike out where there are disputed facts.
  • Representing an employer in a case involving perceived disability discrimination.

 

Whistleblowing

Oliver regularly provides advisory and advocacy assistance in this specialist area. He is instructed by both employees and employers, regarding their rights and obligations following the making of protected disclosures. Given Oliver’s experience he is best placed to provide objective, independent confidential advice and support.

Recent cases

  • X v Y -  Advising a medical director who alleged he was construct,ively dismissed having made disclosures which referenced contraventions of “Good Medical Practice.”
  • BMA v Jesudason - Advising a consultant whether he was obliged to repay legal costs to the BMA following failed High Court proceedings involving whistleblowing.
  • Successfully resisting an application for interim relief by an employee of a charity who suggested that he had been dismissed for having made protected disclosures.
  • Securing a high six figure settlement against a major banking institution.
  • Advising numerous employees who alleged that there had been breaches of the FCA Handbook.

 

Transfer of Undertakings

Oliver regularly advises employers and employees with the complexities of TUPE 2006.

Recent Cases

  • Successfully appearing for an employee where it was contended by the employer that there was a “sham” assignment of employees to the undertaking transferred.
  • Advising an employee on whether within the context of a service provision change a service had become too fragmented to mean that there was no transfer.
  • F & G Cleaners v Saddington [2012] IRLR 892 - An appeal on the principles to be applied to mitigation of loss in the context of a TUPE transfer.

 

Other Cases

  • Alukpe v South Thames College [2014] UKEAT 0395
  • Stepford Homes v Lee & Others [2012] EWHC 4433
  • Fullerton v Interrights [2010] UKEAT/0251/09
  • Spicknell v The Wilts and Dorset Bus Company [2010] UKEATPA/1715/09
  • Royal Bank of Scotland v Wilson [2009] UKEAT/0363/08
  • Hosso v ECM Ltd (No 1) [2008] All ER D 160
  • Gladwell v Secretary of State for Trade and Industry [2007] ICR 264
  • Mowels v Vox Displays Limited [2007] All ER (D) 40.

Oliver is instructed in a wide range of commercial litigation, advising on both contentious (including any resulting litigation) and non-contentious matters.  Oliver has assisted senior executives and companies on non-contentious matters including drafting and advising on: Shareholder agreements, share sale agreements, partnership agreements, exclusivity agreements, and LTIP/bonus agreements.

Oliver is also an experienced advocate and adviser in a broad range of commercial disputes, at all stages from pre-action and interim stages to trials. He appears in both the High Court and the County Court, in matters relating to:

  • Commercial expertise in contractual disputes, directors duties, partnership and shareholder rights.
  • Injunction proceedings both for claimants and defendants, in the High Court on restrictive covenants, breaches of confidentiality and generally in obtaining or defending the grant of injunctive relief.
  • Employment claims relating to bonuses, contractual redundancy payments, permanent health insurance and negligent references.
  • Oliver also has extensive experience dealing with any subsequent professional negligence issues that arise from Employment and Commercial disputes; and is well versed in the particular issues relating to the quantification of damages and evaluation of "lost chances" which arise in such cases.

 

Oliver accepts instructions under the Bar’s Public Access Scheme.


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

  • Conducting independent investigations.
  • Advising on the conduct of the investigation and disciplinary process.
  • Acting as an independent chair of grievance, disciplinary and appeal panels.

pAwards

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