Simon Cheetham QC

Appointed as Queen’s Counsel in 2018, 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 and now silk 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 barristers in Labour and Employment Law.

Although his primary area of practice is employment and discrimination law, he also practises in the areas of pension law, professional regulatory and discipline and data protection.  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

• Employment Tribunal Judge - fee-paid (London South); appointed 2002
• Bar Standards Board, Professional Conduct Committee 2008 – 2014; reserve panel 2014 - 2016
• Chairman, Royal Mail National Appeals Panel 2011 - 2018
• ELBA Executive Committee 2014 – 2016
• ELA Training Committee 2016 - 2018
• International Paralympic Committee; Anti-Doping Committee panel member 2016 - 2017                                                                                                                                                          

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.

Representing BALPA in the High Court and Court of Appeal in the high-profile injunction application brought by BA to prevent strike action (BA v BALPA); acting for an NHS Trust in a Court of Appeal hearing concerning the meaning of “professional conduct” in MHPS (Idu v East Suffolk and North Essex NHS Foundation Trust); acting for police officers in an appeal from the Pensions Ombudsman, where the police authority failed to inform retiring officers, who were about to re-employed, about taxation of pensions (Corsham v Police & Crime Commissioner for Essex); representing the BMA in its age discrimination challenge to the public sector pension reforms.

Simon has been recognised by Chambers & Partners and the Legal 500 as a leading junior in employment law for many years and is now listed as a QC.

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 work includes: representing BALPA in the High Court and Court of Appeal in the high-profile injunction application brought by BA to prevent strike action (BA v BALPA); acting for an NHS Trust in a Court of Appeal hearing concerning the meaning of “professional conduct” in MHPS (Idu v East Suffolk and North Essex NHS Foundation Trust); acting for police officers in an appeal from the Pensions Ombudsman, where the police authority failed to inform retiring officers, who were about to re-employed, about taxation of pensions (Corsham v Police & Crime Commissioner for Essex); representing the BMA in its age discrimination challenge to the public sector pension reforms.

Working Time

Lock v British Gas Trading Ltd: Simon acted for the Claimant throughout this leading case on pay in respect of annual leave. In 2012, he obtained a referral to the CJEU from the ET; 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 ET then held that the domestic legislation could be interpreted in a way that conformed with the Working Time Directive; [2015] IRLR 438.  The EAT (where Simon led Victoria Webb) dismissed British Gas’ appeal against that judgment [2016] IRLR 316. The CA (where Simon was again led by Michael Ford QC) dismissed British Gas’ further appeal [2017] ICR 1.

He was instructed in Fulton v Bear Scotland Ltd UKEATS/0010/16 in the Scottish EAT 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

Much of Simon’s ET practice involves multi-day, complex discrimination claims, frequently in the health and education sectors and also in claims brought against local authorities.  Reported cases include:

• Camden LBC v. Pegg [2013] EqLR 75, EAT: acting for the local authority, where EAT held that an agency worker was under a contract "personally to do any work" and therefore attracted the protection of discrimination laws (in this case in relation to disability).
• Commissioner of Police of the Metropolis v. Shaw [2012] ICR 464, [2012] IRLR 291: acting for Commissioner in appeal; Underhill P’s judgment sets out principles to be applied by employment tribunals in the award of aggravated damages.
• Commissioner of Police of the Metropolis v. Weeks [2012] EqLR 209, EAT: a civilian employee of the Metropolitan Police was entitled to bring a discrimination claim against the Commissioner for acts carried out by her line manager, who was from a different force.
• Rolls Royce v. Unite the Union [2010] ICR 1, [2009] IRLR 576, CA; acting for employer in Pt 8 proceedings to determine whether use of length of service in collectively agreed redundancy exercises could be justified under the Age Regulations. The Court of Appeal upheld the High Court decision ([2009] IRLR 49) that it could be justified.
• Driscoll v. News Group Newspapers (2010): disability discrimination claim brought by NoW journalist, resulting in £800,000 compensation
• Selina Scott v. Channel 5 (2008): represented Ms Scott in her age discrimination claim against Channel 5 News.

Termination of Employment

• Dronsfield v University of Reading [2016] ICR 1107: successfully representing the University in a claim for unfair dismissal brought by a lecturer, who had been dismissed for not disclosing a relationship with a student.
• Wardle v. Credit Agricole Corporate & Investment Bank [2011] ICR 1290, [2011] IRLR 604, CA: acting for claimant in high-value City claim for unfair dismissal and victimisation; the CA considered the principles involved in awarding an uplift on compensation and also how the tribunal should approach long-term loss (also on remedy, [2011] IRLR 819).
• Andy Gray v. BSkyB (2011): advising Mr Gray on potential claims arising from the termination of his contract with BSKYB following on-air sexist remarks.
• Orr v. Milton Keynes Council [2011] ICR 704, [2011] IRLR 317, CA: acting for Council in unfair dismissal/race discrimination claim where CA considered what an employer "knows" for the purposes of a fair dismissal.
• (1) William A Bong Ltd (2) Sir Elton John v. Halley (2008): acted for Claimants in breach of contract proceedings in High Court and parallel ET proceedings alleging age discrimination (where they were the respondents).
• Horozov & Raeva v. Black Sea Trade and Development Bank (2006): appeared before the administrative tribunal of this international bank in Thessaloniki, Greece in disputes over dismissals.
• Faria Alam v. The Football Association (2005): represented Ms Alam in her highly publicised unfair dismissal and discrimination claim against the FA, following her involvement with Sven Goran Eriksson.

Jurisdictional & Procedural

• Pennine Acute Hospitals NHS Trust v. Power (2011) UKEAT/0019/11: the distinction between acts and their consequences when considering limitation in discrimination claims.
• Fraser v. HLMAD Ltd [2006] ICR 1395, [2006] IRLR 687, CA: choice of jurisdiction in wrongful dismissal/breach of contract claims.
• Dickie v. Cathay Pacific Airways et al [2004] ICR 457, EAT: territorial jurisdiction in the employment tribunal.

TUPE

• I-Lab Facilities Ltd v. Metcalfe [2013] IRLR 605: acting for successful appellants, where EAT held that a claim for a failure to inform and consult under TUPE cannot be brought in respect of a transfer that does not proceed.

Industrial Relations

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.

• BA v BALPA (2019): acting for BALPA in BA’s High Court application for injunction and subsequent appeal to the Court of Appeal; both courts held that BALPA’s description of “categories” of employees under TULR(C)A 1992 s.226A was correct.
• R (on the application of Boots Management Services Ltd) v CAC [2017] IRLR 355: acting for the PDAU in the Court of Appeal in an appeal arising out of a CAC decision on union recognition and “sweetheart” unions (led by John Hendy QC).

Memberships

• Employment Law Bar Association
• Employment Lawyers' Association
• Industrial Law Society

 
Publications & Training

• Atkins' Court Forms. Co-contributor (with Victoria Webb) to 2013 edition of Employment Law volume
• "Equality and Discrimination - the New Law" (co-author with Brian Doyle et al, Jordans, July 2010)
• "Age Discrimination - the New Law" (Jordans, 2006)
• Articles for New Law Journal, ELA Briefing

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 advises regularly on pensions – in particular – on issues arising from public sector pension schemes, including their discriminatory impact, and on pension losses in high value employment cases.
 

Current and Recent Cases

• Corsham v Police & Crime Commissioner for Essex [2019] EWHC 1776 (Ch): acting for police officers in an appeal from the PO, where the police authority was held liable for negligent misstatement, having failed to inform retiring officers, who were about to re-employed, about taxation of pensions.
• Ellis v Cabinet Office [2015] EWCA Civ 252, [2015] Pens.LR 379: acting pro bono for a POA member in an appeal concerning the right to an unreduced pension on transfer from public to private sector (leading Sophie Beesley).
• Oxer-Patey v. Commissioner of Police of the Metropolis [2013] EWHC 4751 (QB): acting for the Commissioner in High Court proceedings considering Police Pensions and Convention Rights.

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 internal MHPS hearings for NHS Trusts.  He also has extensive experience of the NHS through frequent representation in the employment tribunal. His experience of regulators, includes the MPTS, GPhC and the NMC.

In addition, Simon has acted 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 was the chairman of the Royal Mail National Appeals Panel, which hears internal appeals brought by trade union officials who have been dismissed or disciplined.

Recent cases include:

• Idu v East Suffolk and North Essex NHS Foundation Trust [2019] ICR 623, EAT: successfully representing the Trust in case that considered the meaning of “professional conduct” in MHPS.  The case subsequently went to the Court of Appeal and is awaiting judgment.
• Jahangiri v St George’s University Hospitals NHS Foundation Trust [2018] EWHC 2278 (QB), [2018] Med. L.R. 625: representing the Trust in a high-profile injunction requiring the Trust to lift an exclusion.
• Al-Obaidi v Frimley Health NHS Foundation Trust [2018] EWHC 2494 (QB): representing the Trust in injunction proceedings arising out of restrictions on practice.

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

• Separate disputes involving an airline, where Simon has been retained by a leading firm of solicitors to act as mediator in high-value claims.
• A mediation involving a chief executive, where the successful outcome had to address complex pension and company law issues.
• Mediating successfully in an acrimonious dispute between members of a family who were co-directors and employees of a company.