Simon is an employment and discrimination law specialist, with a wide-ranging practice in the employment tribunal, High Court and appellate courts. He has written and lectured extensively on employment law and has been recognised as a leading junior in employment law by Chambers & Partners and The Legal 500 for many years. Simon was recognised by Who's Who Legal 2018 as one of the most highly regarded Juniors in Labour, Employment and Immigration.
Although his primary area of practice is employment and discrimination law, he also practises in the areas of pension law, professional discipline, sports law, as well as civil litigation arising out of workplace disputes. His practice covers both private and public sectors, including education, financial services and healthcare.
He is also a CEDR trained mediator.
Simon is recommended by Chambers & Partners as a leader in employment law and 'is noted for his skill in handling discrimination cases and is commended for his "light touch and great presence in court"'.
The 2011 edition had him marked down as "an employment specialist who writes extensively on discrimination law. In court his ability to adopt the right note is much admired".
Appointments
Simon has also been featured on BBC's Panorama and – in February 2016 - on Inside Out, commenting upon working time and minimum wage issues, particularly for migrant workers.
Simon’s recent and current employment work includes: the leading holiday pay case of Lock v British Gas Trading Ltd, in which Simon successfully represented the Claimant in the Employment Tribunal, European Court of Justice, Employment Appeal Tribunal and the Court of Appeal (where he was led by Michael Ford QC); the appeal in Fulton & Baxter v Bear Scotland in the Scottish Employment Appeal Tribunal concerning the three-month rule; R (on the application of Boots Management Services Ltd) v CAC in the Court of Appeal (led by John Hendy QC), which concerned trade union recognition; several holiday pay multiple claims and multi-day discrimination and whistleblowing claims; high-profile investigations for universities; an application to the ECHR on “sweetheart unions” (again led by John Hendy QC).
In the area of data protection, he has been heavily involved in advising employers and employees’ organisations on GDPR and the forthcoming changes to data protection law, as well as being involved in High Court litigation under the DPA. His pensions work has focused largely on discrimination challenges to the transitional provisions in the public sector pensions reforms.
Simon has been recognised by Chambers & Partners as a leading junior in employment law for many years.
He has extensive experience of employment law and has frequently been instructed in complex and high-value claims. He has particular expertise in discrimination law, but his practice covers the full range of employment cases, including industrial relations, TUPE, whistle blowing and contractual disputes.
Before moving to Old Square Chambers in 2011, Simon practised from Ely Place Chambers, where he was head of the employment group and where many of his cases had links with the media. He has acted for or against all the major newspapers, as well as in claims and disputes involving film and television companies and media agencies.
Simon represents both employers and employees and has a wide client base. On the respondent employer side, he frequently acts for NHS Trusts, local authorities, the police and other public bodies, as well as for financial institutions and corporate employers of all sizes. On the claimant employee side, he is instructed by and on behalf of trade unions and represents individuals in all types of employment.
As well as his first instance work in the employment tribunal and High Court, Simon has frequent experience of the EAT and the Court of Appeal. He has sat as a fee-paid employment judge (in London South) since 2002 and is a mediator (CEDR accredited).
Simon’s recent and current work includes: the leading holiday pay case of Lock v British Gas Trading Ltd, in which Simon has successfully represented the Claimant in the Employment Tribunal, European Court of Justice, Employment Appeal Tribunal and – most recently – the Court of Appeal (where he was led by Michael Ford QC); the forthcoming appeal in Fulton & Baxter v Bear Scotland in the Scottish Employment Appeal Tribunal concerning the three-month rule; R (on the application of Boots Management Services Ltd) v CAC in the Court of Appeal (led by John Hendy QC), which concerns trade union recognition; several holiday pay multiple claims and multi-day discrimination and whistleblowing claims; high-profile investigations for universities; an application to the ECHR on “sweetheart unions” (again led by John Hendy QC).
Simon undertakes some work on a Direct Access basis, mostly advising on contracts and settlement agreements.
Working Time
Lock v British Gas Trading Ltd: Simon has acted for the Claimant throughout this litigation, which has become the leading case on pay in respect of annual leave. In 2012, he obtained a referral to the ECJ from the Employment Tribunal in Leicester; in Luxemburg (where Simon was led by Michael Ford QC), the Court held that commission was part of a worker’s normal remuneration (reported at [2014] ICR 813). The Leicester Employment Tribunal then held that the domestic legislation could be interpreted in a way that conformed with the Working Time Directive; [2015] IRLR 438. The Employment Appeal Tribunal (where Simon led Victoria Webb) dismissed British Gas’ appeal against that judgment [2016] IRLR 316. The Court of Appeal (where Simon was again led by Michael Ford QC) has recently dismissed British Gas’ further appeal [2016] EWCA Civ 983.
He is instructed in the forthcoming appeal in Fulton & Baxter v Bear Scotland in the Scottish Employment Appeal Tribunal concerning the three-month rule.
Simon has been involved in several large multiple claims in respect of unpaid holiday pay, acting for both claimants and respondents. He has also advised extensively on holiday pay issues.
Discrimination
Termination of Employment
Jurisdictional & Procedural
TUPE
Industrial Relations
R (on the application of Boots Management Services Ltd) v CAC [2014] IRLR 887: acting for the PDAU in High Court proceedings arising out of a CAC decision on union recognition and “sweetheart” unions; specifically, applying for a declaration of incompatibility in relation to provisions of TULR(C)A 1992 Sch. A1 (led by John Hendy QC). The case is listed to be heard by the Court of Appeal in November.
Simon has wide experience advising and acting for both unions and employers in industrial disputes, including injunction applications, and has also advised on issues such as recognition, collective agreements and union-related detriments and dismissals. He also has experience of hearings before the CAC and the Certification Officer.
Memberships
Publications & Training
Simon has many years' experience of providing training on all aspects of employment, discrimination and industrial relations law at conferences, lectures and seminars, both in-house, for ELA and for leading training providers. He has been a speaker at the annual conference for Employment Judges and is a trainer for the Employment Judges in London South.
Simon’s current data protection work includes High Court litigation on the extent of disclosure of personal data, pending litigation on the extent of automated processing, multiple advice in both the public and private sectors on GDPR compliance, re-drafting policies to ensure compliance.
In the last year, he has given numerous lectures on GDPR and the workplace, both in-house and for ELA, ILS and others.
Simon has very recently created a blog – encryption-blog.uk – which will be aimed at data protection and the use of information in the workplace.
Simon has a growing pensions practice and his pension law experience includes: pension loss in high-value tribunal claims; employers’ pension obligations; pensions and discrimination (age and sex); problems arising out of winding up; ill health early retirement; auto-enrolment; and public sector pensions (including public law challenges).
Current and Recent Cases
Training
Simon has lectured both in-house and for the ELA on auto-enrolment, as well as on police pensions.
Simon has advised and represented health professionals and their employers in proceedings before disciplinary panels, professional bodes and in the courts (including injunctions).
He has presented the management case at a number of MHPS hearings. His recent experience has also included interim and full hearings before the NMC, advising a non-UK trained doctor on a refusal of registration by the GMC, advising a number of doctors on misconduct issues before the GMC, representing a doctor at internal hearings on capability issues. He also has extensive experience of the NHS through frequent representation in the employment tribunal.
In addition, Simon has experience acting both for academics and for colleges and universities in internal disciplinary procedures. This includes acting as an investigating officer to determine whether conduct proceedings should be commenced. His recent investigations have been carried out for the Universities of Cambridge, Plymouth and Warwick.
He is currently a chairman of the Royal Mail National Appeals Panel, which hears internal appeals brought by trade union officials who have been dismissed or disciplined.
Simon has acted and advised in sports-related cases for many years, including tribunal claims, arbitration proceedings, contractual and disciplinary issues. He has acted for or against the Football Association and Welsh Football Association, Premiership rugby teams and Red Bull Racing and represented a range of individuals involved in professional sport.
He is a panel member of the International Paralympics Committee’s Anti-Doping Committee.
Representative Cases
Simon is judicially trained in costs assessment and has undertaken detailed assessments under Rule 78(1)(b) of the ET Rules.
He has experience of budget hearings, costs applications (including wasted costs) and detailed assessment in the High Court and county court.
He also has wide experience of costs in the employment tribunal (both as a practitioner and as a judge) and has recently acted for a group of 330 claimants in a multi-day costs/wasted costs hearing, which involved the largest applications for costs in the employment tribunal.
In 2017, Simon will be leading a series of seminars with colleagues from chambers on recent developments in costs.
Simon trained as a mediator at CEDR and has since acted in a range of mediations arising from workplace disputes. His long experience as an employment judge is particularly valued in mediations, as he can provide a realistic assessment of how a tribunal would approach the dispute in question.
Recent Mediations
The court considered the principles that should inform an employment tribunal when it sought to exercise its discretion under the Employment Act 2002 s.31(3) to uplift an award to an...
The Advocate General has delivered his opinion in Case C-539/12, Lock v. British Gas. The case is about the level of pay in respect of annual leave required under Article...
An employment tribunal had erred when making an award of aggravated damages by focusing on the seriousness of the employer's conduct in subjecting an employee to an unlawful detriment rather...
A length of service criterion as part of the redundancy selection terms in a collective agreement could be a proportionate means of achieving a legitimate aim for the purposes of...
Once a cause of action for wrongful dismissal had been adjudicated upon by an employment tribunal it was not possible to make a further claim on the same grounds either...
Simon is an employment and discrimination law specialist, with a wide-ranging practice in the employment tribunal, High Court and appellate courts. He has written and lectured extensively on employment law and has been recognised as a leading junior in employment law by Chambers & Partners and The Legal 500 for many years. Simon was recognised by Who's Who Legal 2018 as one of the most highly regarded Juniors in Labour, Employment and Immigration.
Although his primary area of practice is employment and discrimination law, he also practises in the areas of pension law, professional discipline, sports law, as well as civil litigation arising out of workplace disputes. His practice covers both private and public sectors, including education, financial services and healthcare.
He is also a CEDR trained mediator.
Simon is recommended by Chambers & Partners as a leader in employment law and 'is noted for his skill in handling discrimination cases and is commended for his "light touch and great presence in court"'.
The 2011 edition had him marked down as "an employment specialist who writes extensively on discrimination law. In court his ability to adopt the right note is much admired".
Appointments
Simon has also been featured on BBC's Panorama and – in February 2016 - on Inside Out, commenting upon working time and minimum wage issues, particularly for migrant workers.
Simon’s recent and current employment work includes: the leading holiday pay case of Lock v British Gas Trading Ltd, in which Simon successfully represented the Claimant in the Employment Tribunal, European Court of Justice, Employment Appeal Tribunal and the Court of Appeal (where he was led by Michael Ford QC); the appeal in Fulton & Baxter v Bear Scotland in the Scottish Employment Appeal Tribunal concerning the three-month rule; R (on the application of Boots Management Services Ltd) v CAC in the Court of Appeal (led by John Hendy QC), which concerned trade union recognition; several holiday pay multiple claims and multi-day discrimination and whistleblowing claims; high-profile investigations for universities; an application to the ECHR on “sweetheart unions” (again led by John Hendy QC).
In the area of data protection, he has been heavily involved in advising employers and employees’ organisations on GDPR and the forthcoming changes to data protection law, as well as being involved in High Court litigation under the DPA. His pensions work has focused largely on discrimination challenges to the transitional provisions in the public sector pensions reforms.
Simon has been recognised by Chambers & Partners as a leading junior in employment law for many years.
He has extensive experience of employment law and has frequently been instructed in complex and high-value claims. He has particular expertise in discrimination law, but his practice covers the full range of employment cases, including industrial relations, TUPE, whistle blowing and contractual disputes.
Before moving to Old Square Chambers in 2011, Simon practised from Ely Place Chambers, where he was head of the employment group and where many of his cases had links with the media. He has acted for or against all the major newspapers, as well as in claims and disputes involving film and television companies and media agencies.
Simon represents both employers and employees and has a wide client base. On the respondent employer side, he frequently acts for NHS Trusts, local authorities, the police and other public bodies, as well as for financial institutions and corporate employers of all sizes. On the claimant employee side, he is instructed by and on behalf of trade unions and represents individuals in all types of employment.
As well as his first instance work in the employment tribunal and High Court, Simon has frequent experience of the EAT and the Court of Appeal. He has sat as a fee-paid employment judge (in London South) since 2002 and is a mediator (CEDR accredited).
Simon’s recent and current work includes: the leading holiday pay case of Lock v British Gas Trading Ltd, in which Simon has successfully represented the Claimant in the Employment Tribunal, European Court of Justice, Employment Appeal Tribunal and – most recently – the Court of Appeal (where he was led by Michael Ford QC); the forthcoming appeal in Fulton & Baxter v Bear Scotland in the Scottish Employment Appeal Tribunal concerning the three-month rule; R (on the application of Boots Management Services Ltd) v CAC in the Court of Appeal (led by John Hendy QC), which concerns trade union recognition; several holiday pay multiple claims and multi-day discrimination and whistleblowing claims; high-profile investigations for universities; an application to the ECHR on “sweetheart unions” (again led by John Hendy QC).
Simon undertakes some work on a Direct Access basis, mostly advising on contracts and settlement agreements.
Working Time
Lock v British Gas Trading Ltd: Simon has acted for the Claimant throughout this litigation, which has become the leading case on pay in respect of annual leave. In 2012, he obtained a referral to the ECJ from the Employment Tribunal in Leicester; in Luxemburg (where Simon was led by Michael Ford QC), the Court held that commission was part of a worker’s normal remuneration (reported at [2014] ICR 813). The Leicester Employment Tribunal then held that the domestic legislation could be interpreted in a way that conformed with the Working Time Directive; [2015] IRLR 438. The Employment Appeal Tribunal (where Simon led Victoria Webb) dismissed British Gas’ appeal against that judgment [2016] IRLR 316. The Court of Appeal (where Simon was again led by Michael Ford QC) has recently dismissed British Gas’ further appeal [2016] EWCA Civ 983.
He is instructed in the forthcoming appeal in Fulton & Baxter v Bear Scotland in the Scottish Employment Appeal Tribunal concerning the three-month rule.
Simon has been involved in several large multiple claims in respect of unpaid holiday pay, acting for both claimants and respondents. He has also advised extensively on holiday pay issues.
Discrimination
Termination of Employment
Jurisdictional & Procedural
TUPE
Industrial Relations
R (on the application of Boots Management Services Ltd) v CAC [2014] IRLR 887: acting for the PDAU in High Court proceedings arising out of a CAC decision on union recognition and “sweetheart” unions; specifically, applying for a declaration of incompatibility in relation to provisions of TULR(C)A 1992 Sch. A1 (led by John Hendy QC). The case is listed to be heard by the Court of Appeal in November.
Simon has wide experience advising and acting for both unions and employers in industrial disputes, including injunction applications, and has also advised on issues such as recognition, collective agreements and union-related detriments and dismissals. He also has experience of hearings before the CAC and the Certification Officer.
Memberships
Publications & Training
Simon has many years' experience of providing training on all aspects of employment, discrimination and industrial relations law at conferences, lectures and seminars, both in-house, for ELA and for leading training providers. He has been a speaker at the annual conference for Employment Judges and is a trainer for the Employment Judges in London South.
Simon’s current data protection work includes High Court litigation on the extent of disclosure of personal data, pending litigation on the extent of automated processing, multiple advice in both the public and private sectors on GDPR compliance, re-drafting policies to ensure compliance.
In the last year, he has given numerous lectures on GDPR and the workplace, both in-house and for ELA, ILS and others.
Simon has very recently created a blog – encryption-blog.uk – which will be aimed at data protection and the use of information in the workplace.
Simon has a growing pensions practice and his pension law experience includes: pension loss in high-value tribunal claims; employers’ pension obligations; pensions and discrimination (age and sex); problems arising out of winding up; ill health early retirement; auto-enrolment; and public sector pensions (including public law challenges).
Current and Recent Cases
Training
Simon has lectured both in-house and for the ELA on auto-enrolment, as well as on police pensions.
Simon has advised and represented health professionals and their employers in proceedings before disciplinary panels, professional bodes and in the courts (including injunctions).
He has presented the management case at a number of MHPS hearings. His recent experience has also included interim and full hearings before the NMC, advising a non-UK trained doctor on a refusal of registration by the GMC, advising a number of doctors on misconduct issues before the GMC, representing a doctor at internal hearings on capability issues. He also has extensive experience of the NHS through frequent representation in the employment tribunal.
In addition, Simon has experience acting both for academics and for colleges and universities in internal disciplinary procedures. This includes acting as an investigating officer to determine whether conduct proceedings should be commenced. His recent investigations have been carried out for the Universities of Cambridge, Plymouth and Warwick.
He is currently a chairman of the Royal Mail National Appeals Panel, which hears internal appeals brought by trade union officials who have been dismissed or disciplined.
Simon has acted and advised in sports-related cases for many years, including tribunal claims, arbitration proceedings, contractual and disciplinary issues. He has acted for or against the Football Association and Welsh Football Association, Premiership rugby teams and Red Bull Racing and represented a range of individuals involved in professional sport.
He is a panel member of the International Paralympics Committee’s Anti-Doping Committee.
Representative Cases
Simon is judicially trained in costs assessment and has undertaken detailed assessments under Rule 78(1)(b) of the ET Rules.
He has experience of budget hearings, costs applications (including wasted costs) and detailed assessment in the High Court and county court.
He also has wide experience of costs in the employment tribunal (both as a practitioner and as a judge) and has recently acted for a group of 330 claimants in a multi-day costs/wasted costs hearing, which involved the largest applications for costs in the employment tribunal.
In 2017, Simon will be leading a series of seminars with colleagues from chambers on recent developments in costs.
Simon trained as a mediator at CEDR and has since acted in a range of mediations arising from workplace disputes. His long experience as an employment judge is particularly valued in mediations, as he can provide a realistic assessment of how a tribunal would approach the dispute in question.
Recent Mediations
The court considered the principles that should inform an employment tribunal when it sought to exercise its discretion under the Employment Act 2002 s.31(3) to uplift an award to an...
The Advocate General has delivered his opinion in Case C-539/12, Lock v. British Gas. The case is about the level of pay in respect of annual leave required under Article...
An employment tribunal had erred when making an award of aggravated damages by focusing on the seriousness of the employer's conduct in subjecting an employee to an unlawful detriment rather...
A length of service criterion as part of the redundancy selection terms in a collective agreement could be a proportionate means of achieving a legitimate aim for the purposes of...
Once a cause of action for wrongful dismissal had been adjudicated upon by an employment tribunal it was not possible to make a further claim on the same grounds either...