Robert Moretto

Year of call 2000

CClerk

William Meade
020 7269 0360 Email William

Robert is an expert in employment, public law and human rights law. He has recently been involved in numerous high-profile and ground-breaking cases in both employment and public law, including:

  • Gilham v Ministry of Justice/Lord Chancellor¸ Supreme Court (representing the MOJ/Lord Chancellor) - whether judges are workers within the Employment Rights Act; and/or that Act breaches judges’ Article 10 human right to freedom of expression and Article 14 discrimination rights. Judgment awaited.
  • NUPFC v Certification Officer and Others, EAT (representing the Secretary of State for Education) – whether foster carers are workers; and whether the Trade Union and Labour Relations Act 1992 breaches their Article 11 rights to freedom of association and Article 14 rights.
  • McNeil & others v HMRC, Court of Appeal (representing HMRC) – multi-party equal pay claim in the Court of Appeal on the correct approach to establishing particular disadvantage
  • Mackereth v DWP, Employment Tribunal (representing DWP) – high profile religious discrimination relating to treatment by a doctor of transgender customers
  • A & B v Criminal Injuries Compensation Authority, Court of Appeal  (representing CICA) - whether the provisions of the Criminal Injuries Compensation Scheme breach the Art 4 rights (slavery and forced labour) and Article 14 rights of victims of trafficking.
  • JT v Criminal Injuries Compensation Authority, Court of Appeal (representing CICA) - whether the same roof rule provisions of the Criminal Injuries Compensation Scheme breached the Article 1, Protocol 1 rights (possessions) and Article 14 rights of victims of childhood sexual abuse.
  • DSD & NVB, Mayor of London & News Group Newspapers v Parole Board, Secretary of State for Justice, & John Worboys (representing the Parole Board) – judicial review of Parole Board’s decision to release taxi cab rapist John Worboys.
     

Robert has been on the Attorney General’s A Panel of Counsel since 2015 and represents and advises an extensive range of Government Departments and Agencies. He also appears regularly on behalf of Trade Unions and Trade Union funded clients, as well as NHS Trusts.

Appointments:

Appointed Junior Counsel to the Crown (A Panel). September 2015 -
Appointed Junior Counsel to the Crown (B Panel). March 2010 – August 2015
Appointed Junior Counsel to the Crown (C Panel). February 2006 - March 2010

Memberships:

Administrative Law Bar Association
Employment Lawyers Association
Employment Law Bar Association
Industrial Law Society
ELAAS Scheme

 

Supreme Court

Gilham v Ministry of Justice. Supreme Court, 5-6 June 2019. Judgment awaited. Court of Appeal judgment reported at [2018] 3 All ER 521. For press coverage please see; The Guardian & The Times

Court of Appeal

McNeil v HMRC [2019] EWCA Civ 1112. EAT Judgment reported at [2018] ICR 1529; [2018] IRLR 398. Application to appeal to Supreme Court pending

Rana v Ealing [2019] 1 All ER 1078.

JT v First-Tier Tribunal [2019] 1 WLR 1313. For press coverage please see The Times Sky News

A & B v Criminal Injuries Compensation Authority and MOJ [2018] 1 WLR 5361. Application to appeal to Supreme Court pending. For press coverage please see The Times

Criminal Injuries Compensation Authority v First-Tier Tribunal [2018] EWCA Civ 1175

Divisional Court

R (DSD) v Parole Board (John Worboys release decision) [2019] QB 285; [2018] 3 All ER 417. For press coverage please see BBC News The Guardian

Employment Appeal Tribunal

National Union of Professional Foster Carers v Certification Officer (IWGB, Secretary of State for Education and Others intervening), UKEAT/0285/17/RN. Application to appeal to Court of Appeal pending.

Callender v South London & Maudsley NHS Foundation Trust, UKEAT/0012/18, 6 September 2018

Mbubaegbu v Homerton University Hospital NHS Trust, UKEAT/0218/17, 18 May 2018

Upper Tribunal

Criminal Injuries Compensation Authority v First-tier Tribunal and SN (Criminal injuries compensation - reduction and withholding of awards) [2018] UKUT 248 (AAC), 20 July 2018

Employment Tribunal

Dr David Mackereth v Department for Work and Pensions, July 2019, Judgment awaited. For press coverage please see e.g.The TelegraphBBC News & ITN


Discrimination/European Law

  • Wilson v. Health and Safety Executive [2010] 1 C.M.L.R. 24, [2010] ICR 302, Court of Appeal: the interpretation of the “serious doubts” test as set out by the European Court of Justice in respect of service-related pay schemes.
  • Attridge Law v. Coleman [2007] 2 C.M.L.R. 24, [2007] IRLR 88, EAT: the circumstances in which a question can be referred to the European Court of Justice by an employment tribunal.
  • Allonby v. Accrington & Rossendale College [2004] 1 C.M.L.R. 35, [2004] ICR 1324, European Court of Justice: the Court of Justice ruled on the necessity for a comparator in equal pay claims relating to pay and access to occupational pension schemes.

Equal Pay

  • Jermin & Williams v DVLA and Department for Transport (Central London ET) (2007-2013: multi-party equal pay claims brought by claimants working in the DVLA.
  • Highland Council v. TGWU and others [2008] IRLR 272, EAT (Scotland) – multi-party equal pay proceedings concerning the extent to which unions had complied with the requirement to lodge grievances on behalf of their members.
  • Home Office v. Bailey & others [2005] ICR 1057, Court of Appeal: the circumstances in which a Tribunal can determine that there is sufficient disparate impact to require an employer to objectively justify a difference in pay
  • Home Office v. Bailey & others [2005] IRLR 757, EAT: multi-party equal pay proceedings in which the EAT determined various issues including whether the claimants’ work had been rated as equivalent to that of their comparators, the Tribunal’s approach to red-circling GMFs and the quantification of the extent of objective justification.

Unfair Dismissal/Redundancy

  • Lambe v. 186k Ltd [2005] ICR 307, Court of Appeal: whether a Tribunal was entitled to find that a claimant would have been dismissed in any event where there was an absence of a fair consultation and selection process.

Whistleblowing/Discrimination

  • Meares v. Medway PCT, EAT, 7 December 2010: the EAT considered the correct approach to the question of whether a protected disclosure had been made in good faith.
  • Chief Constable of Norfolk v. Arthurton, EAT, 6 December 2006: the EAT considered the Tribunal’s approach to findings of sex discrimination and victimisation.

Procedure

  • Muschett v. London Borough of Hounslow and others [2009] ICR 424, EAT: the circumstances in which the EAT should exercise its discretion to extend time when an appeal is lodged late.
  • Prakash v Wolverhampton City Council, EAT, 6 September 2006: the EAT held that a claim form could be amended to include a new claim which had arisen after the claim form had been issued.
  • Kalu v Brighton and Sussex Universities Hospital Trust [2014] EqLR, 488, EAT. The correct approach for Employment Tribunals to take in decisions to exclude evidence.


Pay Systems

Robert also has extensive experience of public sector pay systems and has advised several Government Departments and Agencies in respect of large scale pay and grading reviews.

He also advises and represents NHS Trusts in respect of claims by doctors relating to their banding under NHS Terms and Conditions.


Robert has experience representing staff and employers in internal disciplinary hearings, including doctors, teachers and police hearings, as well as in injunctive relief proceedings in the High Court.

Recent cases include:

  • Sarker v Worcester Acute Hospitals NHS Trust [2015] EWHC 165 (QB) – Successfully resisted an application for an emergency injunction in which the Claimant sought to enforce the adjournment of ongoing disciplinary proceedings against a consultant.

Robert appears in both the High Court and Upper Tribunal in matters relating to immigration, human rights, employment and CICA applications.

Recent cases include:

  • R (McNiece and others) v CICA and MOJ [2017] EWHC 2 (Admin): claims for criminal injuries compensation by offenders who had committed criminal offences – Article 1 of Protocol 1 (property) and Article 14 (discrimination).
  • VG v First-Tier Tribunal and CICA [2017] UKUT 49 (AAC): Art 2 (right to life) challenge to a criminal injuries compensation decision.
  • CICA v First-tier Tribunal and KM [2016] UKUT 338 (AAC) (12 July 2016). Court of Appeal (pending): Judicial review of award of First-Tier Tribunal to firefighter injured whilst fighting a fire.
  • RT v First-tier Tribunal and CICA [2016] UKUT 306 (AAC) (29 June 2016). Judicial review of First-Tier Tribunal decision to reduce award where applicant has criminal convictions and/or fails to co-operate with police
  • CICA v First-Tier Tribunal & CC and D [2014] UKUT 0555 and 0556 (AAC). Judicial reviews of First-Tier Tribunal determinations that dog attacks amounted to crimes of violence.
  • DT (Afghanistan) v. Secretary of State for the Home Department [2014] EWCA 259, Court of Appeal. Appeal against the Upper Tribunal’s judgment that an asylum seeker was not at risk on return to Kabul.
  • Jermin & Williams v. Department for Transport and DVLA (ET/Admin Court, 2007-13). Represented the Department for Transport and DVLA in a long-running equal pay claims, including defending claims over several years in both in the Employment Tribunal and Administrative Court (R(PCS) v Department for Transport).

 

Robert has also advised a union on employment and human rights implications of the Prevent Duty under the Counter Terrorism and Security Bill 2015. The advice was reported in The Independent and The New Statesman, and referred to in debate in the House of Lords.

  • Allonby v Accrington & Rossendale College and Others

    In light of the ruling of the European Court of Justice in this case, the matter was remitted to the employment tribunal to determine whether the appellant was a worker...

  • Attridge Law v. Coleman

    An employment tribunal chairman had been entitled to conclude that in order to determine a preliminary issue between the parties, namely whether the claimant could bring a claim of associative...

  • Home Office v. Bailey (EAT)

    Permission to appeal against an Employment Appeal Tribunal's majority decision in an equal pay claim was refused in circumstances where, although the appellant's amended grounds of appeal largely followed the...

  • Lambe v. 186k Ltd

    The employment tribunal had been entitled to conclude on the evidence available to it that whilst the process of selection for redundancy and the absence of consultation was unfair, the...

  • Wilson v. HSE (EAT)

    The European Court of Justice's decision in Cadman v Health and Safety Executive (C-17/05) (2007) All ER (EC) 1 should be read as allowing an employment tribunal considering an equal...

  • See all cases

     

pAwards

2019 C&P individual C&P 2016 Ranked Barrister

Robert is an expert in employment, public law and human rights law. He has recently been involved in numerous high-profile and ground-breaking cases in both employment and public law, including:

  • Gilham v Ministry of Justice/Lord Chancellor¸ Supreme Court (representing the MOJ/Lord Chancellor) - whether judges are workers within the Employment Rights Act; and/or that Act breaches judges’ Article 10 human right to freedom of expression and Article 14 discrimination rights. Judgment awaited.
  • NUPFC v Certification Officer and Others, EAT (representing the Secretary of State for Education) – whether foster carers are workers; and whether the Trade Union and Labour Relations Act 1992 breaches their Article 11 rights to freedom of association and Article 14 rights.
  • McNeil & others v HMRC, Court of Appeal (representing HMRC) – multi-party equal pay claim in the Court of Appeal on the correct approach to establishing particular disadvantage
  • Mackereth v DWP, Employment Tribunal (representing DWP) – high profile religious discrimination relating to treatment by a doctor of transgender customers
  • A & B v Criminal Injuries Compensation Authority, Court of Appeal  (representing CICA) - whether the provisions of the Criminal Injuries Compensation Scheme breach the Art 4 rights (slavery and forced labour) and Article 14 rights of victims of trafficking.
  • JT v Criminal Injuries Compensation Authority, Court of Appeal (representing CICA) - whether the same roof rule provisions of the Criminal Injuries Compensation Scheme breached the Article 1, Protocol 1 rights (possessions) and Article 14 rights of victims of childhood sexual abuse.
  • DSD & NVB, Mayor of London & News Group Newspapers v Parole Board, Secretary of State for Justice, & John Worboys (representing the Parole Board) – judicial review of Parole Board’s decision to release taxi cab rapist John Worboys.
     

Robert has been on the Attorney General’s A Panel of Counsel since 2015 and represents and advises an extensive range of Government Departments and Agencies. He also appears regularly on behalf of Trade Unions and Trade Union funded clients, as well as NHS Trusts.

Appointments:

Appointed Junior Counsel to the Crown (A Panel). September 2015 -
Appointed Junior Counsel to the Crown (B Panel). March 2010 – August 2015
Appointed Junior Counsel to the Crown (C Panel). February 2006 - March 2010

Memberships:

Administrative Law Bar Association
Employment Lawyers Association
Employment Law Bar Association
Industrial Law Society
ELAAS Scheme

 

Supreme Court

Gilham v Ministry of Justice. Supreme Court, 5-6 June 2019. Judgment awaited. Court of Appeal judgment reported at [2018] 3 All ER 521. For press coverage please see; The Guardian & The Times

Court of Appeal

McNeil v HMRC [2019] EWCA Civ 1112. EAT Judgment reported at [2018] ICR 1529; [2018] IRLR 398. Application to appeal to Supreme Court pending

Rana v Ealing [2019] 1 All ER 1078.

JT v First-Tier Tribunal [2019] 1 WLR 1313. For press coverage please see The Times Sky News

A & B v Criminal Injuries Compensation Authority and MOJ [2018] 1 WLR 5361. Application to appeal to Supreme Court pending. For press coverage please see The Times

Criminal Injuries Compensation Authority v First-Tier Tribunal [2018] EWCA Civ 1175

Divisional Court

R (DSD) v Parole Board (John Worboys release decision) [2019] QB 285; [2018] 3 All ER 417. For press coverage please see BBC News The Guardian

Employment Appeal Tribunal

National Union of Professional Foster Carers v Certification Officer (IWGB, Secretary of State for Education and Others intervening), UKEAT/0285/17/RN. Application to appeal to Court of Appeal pending.

Callender v South London & Maudsley NHS Foundation Trust, UKEAT/0012/18, 6 September 2018

Mbubaegbu v Homerton University Hospital NHS Trust, UKEAT/0218/17, 18 May 2018

Upper Tribunal

Criminal Injuries Compensation Authority v First-tier Tribunal and SN (Criminal injuries compensation - reduction and withholding of awards) [2018] UKUT 248 (AAC), 20 July 2018

Employment Tribunal

Dr David Mackereth v Department for Work and Pensions, July 2019, Judgment awaited. For press coverage please see e.g.The TelegraphBBC News & ITN


Discrimination/European Law

  • Wilson v. Health and Safety Executive [2010] 1 C.M.L.R. 24, [2010] ICR 302, Court of Appeal: the interpretation of the “serious doubts” test as set out by the European Court of Justice in respect of service-related pay schemes.
  • Attridge Law v. Coleman [2007] 2 C.M.L.R. 24, [2007] IRLR 88, EAT: the circumstances in which a question can be referred to the European Court of Justice by an employment tribunal.
  • Allonby v. Accrington & Rossendale College [2004] 1 C.M.L.R. 35, [2004] ICR 1324, European Court of Justice: the Court of Justice ruled on the necessity for a comparator in equal pay claims relating to pay and access to occupational pension schemes.

Equal Pay

  • Jermin & Williams v DVLA and Department for Transport (Central London ET) (2007-2013: multi-party equal pay claims brought by claimants working in the DVLA.
  • Highland Council v. TGWU and others [2008] IRLR 272, EAT (Scotland) – multi-party equal pay proceedings concerning the extent to which unions had complied with the requirement to lodge grievances on behalf of their members.
  • Home Office v. Bailey & others [2005] ICR 1057, Court of Appeal: the circumstances in which a Tribunal can determine that there is sufficient disparate impact to require an employer to objectively justify a difference in pay
  • Home Office v. Bailey & others [2005] IRLR 757, EAT: multi-party equal pay proceedings in which the EAT determined various issues including whether the claimants’ work had been rated as equivalent to that of their comparators, the Tribunal’s approach to red-circling GMFs and the quantification of the extent of objective justification.

Unfair Dismissal/Redundancy

  • Lambe v. 186k Ltd [2005] ICR 307, Court of Appeal: whether a Tribunal was entitled to find that a claimant would have been dismissed in any event where there was an absence of a fair consultation and selection process.

Whistleblowing/Discrimination

  • Meares v. Medway PCT, EAT, 7 December 2010: the EAT considered the correct approach to the question of whether a protected disclosure had been made in good faith.
  • Chief Constable of Norfolk v. Arthurton, EAT, 6 December 2006: the EAT considered the Tribunal’s approach to findings of sex discrimination and victimisation.

Procedure

  • Muschett v. London Borough of Hounslow and others [2009] ICR 424, EAT: the circumstances in which the EAT should exercise its discretion to extend time when an appeal is lodged late.
  • Prakash v Wolverhampton City Council, EAT, 6 September 2006: the EAT held that a claim form could be amended to include a new claim which had arisen after the claim form had been issued.
  • Kalu v Brighton and Sussex Universities Hospital Trust [2014] EqLR, 488, EAT. The correct approach for Employment Tribunals to take in decisions to exclude evidence.


Pay Systems

Robert also has extensive experience of public sector pay systems and has advised several Government Departments and Agencies in respect of large scale pay and grading reviews.

He also advises and represents NHS Trusts in respect of claims by doctors relating to their banding under NHS Terms and Conditions.


Robert has experience representing staff and employers in internal disciplinary hearings, including doctors, teachers and police hearings, as well as in injunctive relief proceedings in the High Court.

Recent cases include:

  • Sarker v Worcester Acute Hospitals NHS Trust [2015] EWHC 165 (QB) – Successfully resisted an application for an emergency injunction in which the Claimant sought to enforce the adjournment of ongoing disciplinary proceedings against a consultant.

Robert appears in both the High Court and Upper Tribunal in matters relating to immigration, human rights, employment and CICA applications.

Recent cases include:

  • R (McNiece and others) v CICA and MOJ [2017] EWHC 2 (Admin): claims for criminal injuries compensation by offenders who had committed criminal offences – Article 1 of Protocol 1 (property) and Article 14 (discrimination).
  • VG v First-Tier Tribunal and CICA [2017] UKUT 49 (AAC): Art 2 (right to life) challenge to a criminal injuries compensation decision.
  • CICA v First-tier Tribunal and KM [2016] UKUT 338 (AAC) (12 July 2016). Court of Appeal (pending): Judicial review of award of First-Tier Tribunal to firefighter injured whilst fighting a fire.
  • RT v First-tier Tribunal and CICA [2016] UKUT 306 (AAC) (29 June 2016). Judicial review of First-Tier Tribunal decision to reduce award where applicant has criminal convictions and/or fails to co-operate with police
  • CICA v First-Tier Tribunal & CC and D [2014] UKUT 0555 and 0556 (AAC). Judicial reviews of First-Tier Tribunal determinations that dog attacks amounted to crimes of violence.
  • DT (Afghanistan) v. Secretary of State for the Home Department [2014] EWCA 259, Court of Appeal. Appeal against the Upper Tribunal’s judgment that an asylum seeker was not at risk on return to Kabul.
  • Jermin & Williams v. Department for Transport and DVLA (ET/Admin Court, 2007-13). Represented the Department for Transport and DVLA in a long-running equal pay claims, including defending claims over several years in both in the Employment Tribunal and Administrative Court (R(PCS) v Department for Transport).

 

Robert has also advised a union on employment and human rights implications of the Prevent Duty under the Counter Terrorism and Security Bill 2015. The advice was reported in The Independent and The New Statesman, and referred to in debate in the House of Lords.

  • Allonby v Accrington & Rossendale College and Others

    In light of the ruling of the European Court of Justice in this case, the matter was remitted to the employment tribunal to determine whether the appellant was a worker...

  • Attridge Law v. Coleman

    An employment tribunal chairman had been entitled to conclude that in order to determine a preliminary issue between the parties, namely whether the claimant could bring a claim of associative...

  • Home Office v. Bailey (EAT)

    Permission to appeal against an Employment Appeal Tribunal's majority decision in an equal pay claim was refused in circumstances where, although the appellant's amended grounds of appeal largely followed the...

  • Lambe v. 186k Ltd

    The employment tribunal had been entitled to conclude on the evidence available to it that whilst the process of selection for redundancy and the absence of consultation was unfair, the...

  • Wilson v. HSE (EAT)

    The European Court of Justice's decision in Cadman v Health and Safety Executive (C-17/05) (2007) All ER (EC) 1 should be read as allowing an employment tribunal considering an equal...

  • See all cases

     

pAwards

2019 C&P individual C&P 2016 Ranked Barrister
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