Stuart Brittenden

Year of call 1999

CClerk

William Meade
020 7269 0360 Email William

Stuart is an employment law specialist at Old Square Chambers with extensive experience acting for both sides in all aspects of individual and collective employment law at both first instance and appellate level. He is ranked in both Chambers & Partners and Legal 500 as an employment specialist. He has been commended for being “bright and engaging”, “highly supportive”, “an academically brilliant opponent” impressing  clients for his "responsiveness, pragmatism and thorough preparation” as well as being a "highly competent and clear adviser," who is "an accomplished draftsman and advocate."  Stuart is regarded as "an excellent employment law all-rounder, who is a joy to work with." "He is able to analyse complex matters in an extremely practical and commercial way" and is someone who “thinks ten paces ahead and is very good on his feet." He is regarded as an "excellent advocate with an eye for detail and commercially astute." "He is a delight to work with - he is approachable, hard-working and he knows everything back to front. You are assured that he will fight your corner." Stuart displays these attributes in his other specialisms which include Professional Regulation and Discipline; Industrial Relations; and Judicial Review (see Profiles).

Prior to joining Old Square Chambers, Stuart attained a Masters in Labour Law (distinction) at the London School of Economics (LSE), and worked as an Employment Law Advisor to the British Dental Association (BDA). He has lectured in Labour Law at the LSE and has published in the employment field.

Stuart is instructed from a variety of sources, including but not limited to the banking/financial, health, higher education sector, hospitality, legal, and, local authorities, as well as undertaking work for and on behalf of a number of trade unions.

He has experience of internal and professional disciplinary proceedings particularly involving matters of clinical law and practice, as well as clinical trials. Stuart frequently provides employment advice and representation within the health sector and is instructed by the leading firms of solicitors operating in this field. He has provided representation and advice in internal and professional disciplinary proceedings involving matters of clinical law and practice under Maintaining High Professional Standards in the Modern NHS (MHPS). He also has experience of acting for registrants before the Health Professions Council (HPC) and Nursing and Midwifery Council (NMC).

Please see Stuart's Professional Discipline profile for further information.

Positions of Responsibility:

  • Employment Lawyers Association (ELA) (Director and Management Committee Member 2012-14)
  • Bar Standards Board Qualifications Committee (2005- 2012), latterly Chairman of Transferring Qualified Foreign Lawyers Panel
  • International Paralympic Committee (IPC) ad hoc disciplinary panel member, Anti-Doping Rule Violations


Professional Memberships:

  • Employment Law Bar Association (ELBA)
  • Employment Lawyers Association (ELA)
  • Institute of Employment Rights (IER)
  • European Employment Lawyers Association (EELA)
  • Industrial Law Society (ILS)
  • Education Law Association (ELAS)
  • Association of University Administrators (AUA)
  • Constitutional & Administrative Law Bar Association (ALBA)
  • Govia Thameslink Railway Ltd  v ASLEF (No. 3) [2016] EWCA Civ 1309: art 49, 56 TFEU (application of Viking, Laval, Holship to industrial action on Southern)(junior counsel to O. Segal QC)
  • BALPA v Jet2.com: instructed by BALPA in the Court of Appeal successfully overturning the High Court ruling [2015] IRLR 543 as to the scope of negotiating rights for the purposes of para 3(3) Sch A1 of the 1992 Act in respect of pay, hours and holidays (junior to B. Carr QC).
  • Govia Thameslink Railway Ltd v ASLEF (No. 2) [2016] IRLR 686   (Supperstone J): ‘prior call’ (s. 233), ballot constituency (s. 228A), trade dispute (s. 244) (junior counsel to J. Hendy QC)
  • Govia Thameslink Railway Ltd  v ASLEF (No. 1) [2016] EWHC 985 (QB)  (Langstaff J): inducement to breach contract (junior counsel to J. Hendy QC)
  • Secretary of State for Education v NUT [2016] I.R.L.R. 512 (Kerr J): seminal decision on trade dispute with Minister of the Crown (s. 244(2)(b)), interim declarations (junior counsel to J. Hendy QC)
  • McFarlane & Ambacher v EasyJet Airline Co Ltd (Bristol ET)[2016] IDS Brief 1058: seminal decision concerning adjustment to rostering arrangements to permit breastfeeding mothers to express milk, indirect sex discrimination, H&S, s. 63 ERA 1996.
  • Vodafone Ltd v Winfield [2016] EOR 271: EAT extension of time, discrimination.
  • Barnes v Lewisham LBC [2016] EWCA Civ 582: successfully represented Lewisham in appeal against ET decision dismissing claim for constructive dismissal and whistleblowing detriment.
  • Plumb v Duncan Print Group Ltd [2015] I.R.L.R. 711; [2016] I.C.R. 125 EAT: accrual of right to paid annual leave during long-term sickness absence. In a seminal decision the EAT held that the carry over period was subject to an 18 month temporal limit.
  • Land Registry v Houghton [2015] IDS Brief 128: successfully represented employees in one of the first EAT decisions to examine the scope of s. 15 EqA 2010 (unfavourable treatment arising in consequence of disability).
  • Mosekari v Lewisham LBC; [2015] E.L.R. 31: successfully represented Lewisham in resisting judicial review application brought by a teacher for exemption to mandatory induction period following award of QTS.
  • Virulite LLC v Virulite Distribution Ltd  [2015] 1 All E.R. (Comm) 204 (QBD): represented defendant in commercial action in multi-million pound claim for damages arising from wrongful repudiation of distribution agreement for cold sore treatment; promissory estoppel; repudiation; termination; variation clauses; waiver

Stuart's principal areas of practice include: collective redundancies; discrimination (all categories of protected characteristics under the Equality Act 2010, as well as fixed-term employees, part-time workers, agency workers, trade union members, blacklisting); equal pay; negligent references; permanent health insurance (PHI); protected disclosures/whistleblowing; TUPE; unfair and wrongful dismissal; union recognition and disclosure of information for collective bargaining (CAC proceedings). In addition, he also has experience of professional negligence (usually employment law related).

He is frequently instructed to advise in respect of bonus/contractual disputes; confidential information; fiduciary duties; interim relief; and restrictive covenants/restraint of trade. His particular interest lies in the areas of discrimination, equal pay, and employee competition/restraint of trade/fiduciary duties.

Publications:
His principal publications in the employment field include:

  • Tolley's Employment Law (loose-leaf) (1) Unfair Dismissal (co-author); (2) Attachment of Earnings
  • Employment Precedents & Company Policy Documents (eds HHJ McMullen QC/Jeffreys/Julyan)(Sweet & Maxwell) - (1) Grievance & Disciplinary Procedures; (2) Union Recognition/collective redundancies; and (3) Works Councils
  • Munkman on Employer's Liability (Thompson Reuters) - author of 2 chapters. 16th Edition
  • Westlaw Insight Employment Law Encyclopaedia (2012-13) - author of various chapters (* co-author): (1) unfair dismissal; (2) wrongful dismissal; (3) constructive dismissal*; (4) implied term of trust and confidence*; (5) disciplinary procedures*; (6) grievance procedures*; (7) redundancy*;
  • (8) collective agreements; (9) Transfer of Undertakings Regulations 2006; (10) Equality Act 2010 overview; (11) Agency Workers Regulations 2010; (12) Fixed-term Employees Regulations 2002; (13) Discrimination on Trade Union grounds; (14) Equal Pay/The equality clause*; (15) collective agreements; (16) protective awards; (17) guarantee payments.
  • Labour Law Highlights (2012- 16) Institute of Employment Rights (Tuck, Criddle & Brittenden);
  • Brittenden S. (ed.) Online Rights – The Law in Europe (ICTUR)

 

Interim relief/confidential information:

Recent advisory/litigation experience in this field includes:

  • Successfully obtained ex parte injunction in the Chancery Division to restrain use of covertly recorded privileged material and delivery up of recording/transcripts: Brighton & Sussex University Hospitals NHS Trust v Zia & Ors
  • Advising defendant employer and ex-employees in a team move situation and post-termination restrictions/use of confidential information.
  • Advising law firm in relation to non-compete and non-dealing covenants involving appointment of a Partner.
  • Successfully represented a senior professional who had been dismissed with a PILON in seeking to restrain dismissal, in breach of capability procedure/implied term of trust and confidence
  • Defending application for interim injunction on behalf of employer and junior broker; dispute as to whether 6 month non-compete clause was unlawful restraint of trade
  • Defending application for interim injunction acting on behalf of employee and new employer; confidential information; resisting application for springboard relief; disputed enforceability of 12 months post-termination non-solicitation/dealing clauses
  • Advising high end supplier of luxury products re removal of client data/confidential information; delivery up orders; undertakings
  • Successfully set aside without notice mandatory injunction compelling utility company to re-connect electricity supply
  • Successfully obtained injunction against former employee who used client/pricing lists to compete in breach of covenants, including damages
  • Representing director in respect of removal of confidential information; delivery up; defences (right to retain information for purposes of ongoing litigation); confidential information Advising claimant company re: misuse of confidential information/software and breach of non-compete/dealing/solicitation provisions (environmental sector)
  • Advising specialist manufacturer re: misuse of confidential information, breach of fiduciary duties, poaching clients during currency of notice period, removal of confidential information (memory stick including business plans, pricing, supplier details)
  • Successfully defended law firm against application for interim relief preventing use of confidential information (covert recording of private discussions in collective bargaining process) Syncreon Automotive (UK) Ltd v Unite the Union & Thompsons Solicitors [2009] EWHC 437
  • Interim relief to restrain termination of employment in breach of contract.

Stuart has extensive and diverse experience acting for trade unions including defending injunction applications; applications before the Certification Officer, and appearing before the Central Arbitration Committee (recognition, disclosure of information for collective bargaining purposes). He has been instructed to draft and review various union Rule Books.

Industrial Action

Recent experience includes:

  • Govia Thameslink Railway Ltd  v ASLEF (No. 3) [2016] EWCA Civ 1309: art 49, 56 TFEU (application of Viking, Laval, Holship to industrial action on Southern)(junior counsel to O. Segal QC)
  • Govia Thameslink Railway Ltd v ASLEF (No. 2) [2016] [2016] I.R.L.R. 686  (QB)   (Supperstone J): ‘prior call’ (s. 233), ballot constituency (s. 228A), trade dispute (s. 244) (junior counsel to J. Hendy QC)
  • Govia Thameslink Railway Ltd  v ASLEF (No. 1) [2016] EWHC 985 (QB)  (Langstaff J): inducement to breach contract (junior counsel to J. Hendy QC)
  • POA national day of protest re prison safety: instructed to represent POA in short notice application by SofS
  • Secretary of State for Education v NUT [2016] I.R.L.R. 512 (Kerr J): seminal decision on trade dispute with Minister of the Crown (s. 244(2)(b)), interim declarations (junior counsel to J. Hendy QC)
  • POA Wormwood Scrubs: instructed by POA in relation to the refusal of officers to attend work on safety grounds
  • R (on the application of Unite) v Northampton General Hospital NHS Trust: judicial review/ interim injunction sought to restrain the use of agency staff during an employer’s lock-out contrary to reg 7 of the Conduct of Employment Agencies and Employment Businesses Regulations, SI 2003/3319;  and inducement of an offence under s. 5 Employment Agencies Act 1973 (junior counsel to J. Hendy QC)
  • Olympic Bus Drivers’ Bonus Dispute -  (2nd junior to J. Hendy QC and M. Ford QC)

 

Trade Union Recognition/Collective Bargaining

  • BALPA v Jet2.com: instructed by BALPA in the Court of Appeal successfully challenging the High Court ruling [2015] IRLR 543 as to the scope of negotiating rights for the purposes of para 3(3) Sch A1 of the 1992 Act in respect of pay, hours and holidays (junior to B. Carr QC).
  • Corrigan v University of Bolton EWCA A2/2016/0265 – s. 152 selection of union representative for redundancy, principal reason for dismissal, burden of proof: permission obtained to challenge EAT ruling in Court of Appeal.
  • Dunkley & Ors v Kostal UK Ltd: seminal decision on scope of s. 145B (inducements) – ET accepts that 1992 Act applies to cases where there is no permanent cessation of bargaining.
  • Unite v American Airlines TUR1/955(2016) CAC: successfully sought recognition of Aircraft Maintenance Technicians as a separate bargaining unit under Sch A1 where Unite was already recognised for a wider bargaining group.
  • BALPA v easyJet CAC: disclosure of information crew food costings and ancillary matters
  • Unite v Fujitsu Services Ltd DI/7/(2014) CAC: successfully represented Unite the first CAC decision seeking disclosure of information for collective bargaining under s.181(2) from a parent company in respect of information concerning a subsidiary.

 

Certification Officer

  • Mr & Mrs Street v UNISON D/1/15-16: successfully resisted complaint of not holding a branch AGM whilst placed under in regional supervision; implied terms – Rule Book; disapplication of rules – dysfunctional branch; custom and practice.
  • Chapman v Community CO/784177/2015-16: first CO decision clarifying that the implied term of trust and confidence does not apply to a union Rule Book, but an implied duty of cooperation is engaged; expulsion of member in breach of rules.

Recent public law experience includes:

  • Mosekari v Lewisham LBC [2015] E.L.R. 31: successfully represented Lewisham in resisting application brought by a long-serving teacher for exemption from mandatory induction period following award of QTS.
  • DC Dawes v Chief Constable of South Yorkshire Police (Admin) CO/1025/2016: obtained permission from Kerr J to challenge the Chief Constable’s refusal to allow an officer to retire upon reaching compulsory retirement age under A18 of the Police Pension Regulations 1987
  • Represented an office holder seeking to judicially review their removal from office in breach of requirements of natural justice (applying the principles in Ridge v Baldwin [1964] AC 40; Malloch v Aberdeen Corporation [1971] 1 WLR 1578; McLaughlin v Governor of the Cayman Islands [2007] 1 WLR 2839 PC; and Shoesmith).
  • R (on the application of Unite) v Northampton General Hospital NHS Trust: judicial review/ interim injunction sought in the Admin Court to restrain the use of agency staff during an employer’s lock-out contrary to reg 7 of the Conduct of Employment Agencies and Employment Businesses Regulations, SI 2003/3319;  and inducing an offence under s. 5 Employment Agencies Act 1973 (junior counsel to J. Hendy QC)
  • Advice in relation to the application of s. 149 EqA 2010 (public sector equality duty) in the transport sector.
  • Advice in relation to whether the decision of the Home Secretary to revoke licences for Detention Custody Officers under the Immigration & Asylum Act 1999 (Sched 11 para 7(1)) was art. 6 ECHR compliant.
  • Advice on judicial review of the education Admissions Code and Guidance in relation to Summer Born Babies, and placement of children outside of normal age group.

Prior to joining chambers, Stuart attained a Masters in Labour Law at the London School of Economics (LSE), and worked as an Employment Law Advisor to the British Dental Association (BDA).

Stuart has experience of internal and professional disciplinary proceedings particularly involving matters of clinical law and practice, and compliance with research protocols and associated regulatory requirements. Stuart frequently provides employment advice and representation within the health sector (including NHS Foundation Trusts and GP/Dental Practices) and is instructed by the leading firms of solicitors operating in this field.

He has experience of providing representation and advice in internal and professional disciplinary proceedings under Maintaining High Professional Standards in the Modern NHS (MHPS), and in respect of applications for interim injunctions seeking to compel compliance with MHPS.

Stuart has acted for registrants before the Health Professions Council (HCPC) and is familiar with the HCPC Standards of Conduct, Performance, and Ethics, having undertaken cases involving the HCPC Standards of Proficiency in respect of Psychologists and Speech Therapists. He has also appeared before the Nursing and Midwifery Council (NMC).

Outside of the health sector, Stuart has appeared in other internal procedures, for example providing representation in University disciplinary matters (under University Statutes), and has acted on behalf of Essex Fire Authority in disciplinary proceedings. He has also appeared before the Institute of Management Consultants.

Stuart also sits as an occasional member of the International Paralympic Committee (IPC) disciplinary panel member adjudicating upon anti-doping rule violations.


Stuart is an employment law specialist with 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. He is ranked in both Chambers & Partners and Legal 500 as an employment specialist. He has been commended by the former as being “bright and engaging”, “highly supportive”, impressing clients for his "responsiveness, pragmatism and thorough preparation” as well as being a "highly competent and clear adviser". Stuart "… is able to analyse complex matters in an extremely practical and commercial way" and is someone who “thinks ten paces ahead and is very good on his feet."

He has conducted grievance investigations into bullying and harassment in the education sector; supported disciplinary and grievance investigations undertaken in house; acted as adviser to internal disciplinary panels; and has on numerous occasions presented the Management Case in the health and HEI sectors.

He is a panel member on the International Paralympic Committee (IPC) Anti-Doping Committee which involves adjudicating upon anti-doping rule violations and determining sanctions.

Stuart has provided training on investigations and disciplinary procedures (to NHS Trusts and the Probation Service), and has published extensively on both disciplinary and grievance procedures (Tolleys Unfair Dismissal chapter; Employment Precedents Grievance and Disciplinary procedures; and Westlaw Insight). He is able to accept Public Access instructions.

  • Govia Thameslink Railway Ltd  v ASLEF (No. 3) [2016] EWCA Civ 1309: art 49, 56 TFEU (application of Viking, Laval, Holship to industrial action on Southern)(junior counsel to O. Segal QC)
  • BALPA v Jet2.com: instructed by BALPA in the Court of Appeal successfully overturning the High Court ruling [2015] IRLR 543 as to the scope of negotiating rights for the purposes of para 3(3) Sch A1 of the 1992 Act in respect of pay, hours and holidays (junior to B. Carr QC).
  • Govia Thameslink Railway Ltd v ASLEF (No. 2) [2016] IRLR 686   (Supperstone J): ‘prior call’ (s. 233), ballot constituency (s. 228A), trade dispute (s. 244) (junior counsel to J. Hendy QC)
  • Govia Thameslink Railway Ltd  v ASLEF (No. 1) [2016] EWHC 985 (QB)  (Langstaff J): inducement to breach contract (junior counsel to J. Hendy QC)
  • Secretary of State for Education v NUT [2016] I.R.L.R. 512 (Kerr J): seminal decision on trade dispute with Minister of the Crown (s. 244(2)(b)), interim declarations (junior counsel to J. Hendy QC)
  • McFarlane & Ambacher v EasyJet Airline Co Ltd (Bristol ET)[2016] IDS Brief 1058: seminal decision concerning adjustment to rostering arrangements to permit breastfeeding mothers to express milk, indirect sex discrimination, H&S, s. 63 ERA 1996.
  • Vodafone Ltd v Winfield [2016] EOR 271: EAT extension of time, discrimination.
  • Barnes v Lewisham LBC [2016] EWCA Civ 582: successfully represented Lewisham in appeal against ET decision dismissing claim for constructive dismissal and whistleblowing detriment.
  • Plumb v Duncan Print Group Ltd [2015] I.R.L.R. 711; [2016] I.C.R. 125 EAT: accrual of right to paid annual leave during long-term sickness absence. In a seminal decision the EAT held that the carry over period was subject to an 18 month temporal limit.
  • Land Registry v Houghton [2015] IDS Brief 128: successfully represented employees in one of the first EAT decisions to examine the scope of s. 15 EqA 2010 (unfavourable treatment arising in consequence of disability).
  • Mosekari v Lewisham LBC; [2015] E.L.R. 31: successfully represented Lewisham in resisting judicial review application brought by a teacher for exemption to mandatory induction period following award of QTS.
  • Virulite LLC v Virulite Distribution Ltd  [2015] 1 All E.R. (Comm) 204 (QBD): represented defendant in commercial action in multi-million pound claim for damages arising from wrongful repudiation of distribution agreement for cold sore treatment; promissory estoppel; repudiation; termination; variation clauses; waiver
  • Thorne v House of Commons Commission [2014] I.R.L.R. 260 (QBD): group litigation challenging refusal of annual pay increase as part of public sector pay restraint.
  • Dunn v Basildon and Thurrock University Hospitals NHS Foundation Trust [2013] EWHC 3636 (QBD): successfully resisted application for interim injunction to restrain disciplinary appeal hearing.
  • Vaughan v Lewisham LBC [2013] I.R.L.R. 720 (QBD): successfully sought stay of High Court defamation proceedings pending related concurrent ET proceedings.
  • Anderson v London Fire and Emergency Planning Authority [2013] I.R.L.R. 459 CA: successfully represented +300 claimants in claim unlawful deduction of wages; interpretation of collective agreement.
  • Vaughan v Lewisham LBC UKEAT/0534/12/SM: use of covert recordings in ET proceedings, disclosure and proportionality.
  • Johnson Controls Ltd v UKAEA & Campbell EAT (2012): successfully represented UKAEA in first appellate authority involving a SPC being brought back in-house under TUPE reg 3(1)(b)(iii).
  • HM Land Registry v Benson [2012] I.R.L.R. 373; [2012] I.C.R. 627; [2012] Eq. L.R. 300: age discrimination; voluntary severance; justification defence - employer was entitled to apply a "cheapness criterion" when deciding which employees should be able to take advantage of an early retirement scheme.
  • Victoria and Albert Museum v Durrant [2011] I.R.L.R. 290 EAT: successfully appealed ET decision that employee was redundant; first appellate authority on s. 106 ERA 1996 (replacements).
  • Syncreon Automotive (UK) Ltd v Unite the Union & Thompsons Solicitors [2009] EWHC 437 (QBD): use of covertly recorded confidential material for litigation purposes.
  • Vaseghi v Brunel University [2006] EWCA Civ 1681: subconscious race discrimination, adequacy of reasons.
  • Land Securities Trillium Ltd v Thornley [2005] I.R.L.R. 765 EAT: changes made by an employer to an employee's contractual duties which had the effect of de-skilling the employee as an architect amounted to a fundamental breach of contract entitling them to resign and claim contractual severance pay.
  • Haddon v. Telewest Communications (Midland & Northwest) Ltd [Birmingham ET] - first successful posthumous disability discrimination case - Daily Mail (cover story) [30/3/01], The Independent; [30/3/01]; The Times [30/3/01].

pAwards

C&P 2018 Leading Barrister Legal 500 2017 Leading Individual 2017 C&P Leading individual 2016 L500 Leading Individual C&P 2016 Ranked Barrister L500 2015 leading individual Chambers & Partners 2015 Barrister Legal 500 Top Ranked Barrister 2014 Ranked in Chambers & Partners 2014

Stuart is an employment law specialist at Old Square Chambers with extensive experience acting for both sides in all aspects of individual and collective employment law at both first instance and appellate level. He is ranked in both Chambers & Partners and Legal 500 as an employment specialist. He has been commended for being “bright and engaging”, “highly supportive”, “an academically brilliant opponent” impressing  clients for his "responsiveness, pragmatism and thorough preparation” as well as being a "highly competent and clear adviser," who is "an accomplished draftsman and advocate."  Stuart is regarded as "an excellent employment law all-rounder, who is a joy to work with." "He is able to analyse complex matters in an extremely practical and commercial way" and is someone who “thinks ten paces ahead and is very good on his feet." He is regarded as an "excellent advocate with an eye for detail and commercially astute." "He is a delight to work with - he is approachable, hard-working and he knows everything back to front. You are assured that he will fight your corner." Stuart displays these attributes in his other specialisms which include Professional Regulation and Discipline; Industrial Relations; and Judicial Review (see Profiles).

Prior to joining Old Square Chambers, Stuart attained a Masters in Labour Law (distinction) at the London School of Economics (LSE), and worked as an Employment Law Advisor to the British Dental Association (BDA). He has lectured in Labour Law at the LSE and has published in the employment field.

Stuart is instructed from a variety of sources, including but not limited to the banking/financial, health, higher education sector, hospitality, legal, and, local authorities, as well as undertaking work for and on behalf of a number of trade unions.

He has experience of internal and professional disciplinary proceedings particularly involving matters of clinical law and practice, as well as clinical trials. Stuart frequently provides employment advice and representation within the health sector and is instructed by the leading firms of solicitors operating in this field. He has provided representation and advice in internal and professional disciplinary proceedings involving matters of clinical law and practice under Maintaining High Professional Standards in the Modern NHS (MHPS). He also has experience of acting for registrants before the Health Professions Council (HPC) and Nursing and Midwifery Council (NMC).

Please see Stuart's Professional Discipline profile for further information.

Positions of Responsibility:

  • Employment Lawyers Association (ELA) (Director and Management Committee Member 2012-14)
  • Bar Standards Board Qualifications Committee (2005- 2012), latterly Chairman of Transferring Qualified Foreign Lawyers Panel
  • International Paralympic Committee (IPC) ad hoc disciplinary panel member, Anti-Doping Rule Violations


Professional Memberships:

  • Employment Law Bar Association (ELBA)
  • Employment Lawyers Association (ELA)
  • Institute of Employment Rights (IER)
  • European Employment Lawyers Association (EELA)
  • Industrial Law Society (ILS)
  • Education Law Association (ELAS)
  • Association of University Administrators (AUA)
  • Constitutional & Administrative Law Bar Association (ALBA)
  • Govia Thameslink Railway Ltd  v ASLEF (No. 3) [2016] EWCA Civ 1309: art 49, 56 TFEU (application of Viking, Laval, Holship to industrial action on Southern)(junior counsel to O. Segal QC)
  • BALPA v Jet2.com: instructed by BALPA in the Court of Appeal successfully overturning the High Court ruling [2015] IRLR 543 as to the scope of negotiating rights for the purposes of para 3(3) Sch A1 of the 1992 Act in respect of pay, hours and holidays (junior to B. Carr QC).
  • Govia Thameslink Railway Ltd v ASLEF (No. 2) [2016] IRLR 686   (Supperstone J): ‘prior call’ (s. 233), ballot constituency (s. 228A), trade dispute (s. 244) (junior counsel to J. Hendy QC)
  • Govia Thameslink Railway Ltd  v ASLEF (No. 1) [2016] EWHC 985 (QB)  (Langstaff J): inducement to breach contract (junior counsel to J. Hendy QC)
  • Secretary of State for Education v NUT [2016] I.R.L.R. 512 (Kerr J): seminal decision on trade dispute with Minister of the Crown (s. 244(2)(b)), interim declarations (junior counsel to J. Hendy QC)
  • McFarlane & Ambacher v EasyJet Airline Co Ltd (Bristol ET)[2016] IDS Brief 1058: seminal decision concerning adjustment to rostering arrangements to permit breastfeeding mothers to express milk, indirect sex discrimination, H&S, s. 63 ERA 1996.
  • Vodafone Ltd v Winfield [2016] EOR 271: EAT extension of time, discrimination.
  • Barnes v Lewisham LBC [2016] EWCA Civ 582: successfully represented Lewisham in appeal against ET decision dismissing claim for constructive dismissal and whistleblowing detriment.
  • Plumb v Duncan Print Group Ltd [2015] I.R.L.R. 711; [2016] I.C.R. 125 EAT: accrual of right to paid annual leave during long-term sickness absence. In a seminal decision the EAT held that the carry over period was subject to an 18 month temporal limit.
  • Land Registry v Houghton [2015] IDS Brief 128: successfully represented employees in one of the first EAT decisions to examine the scope of s. 15 EqA 2010 (unfavourable treatment arising in consequence of disability).
  • Mosekari v Lewisham LBC; [2015] E.L.R. 31: successfully represented Lewisham in resisting judicial review application brought by a teacher for exemption to mandatory induction period following award of QTS.
  • Virulite LLC v Virulite Distribution Ltd  [2015] 1 All E.R. (Comm) 204 (QBD): represented defendant in commercial action in multi-million pound claim for damages arising from wrongful repudiation of distribution agreement for cold sore treatment; promissory estoppel; repudiation; termination; variation clauses; waiver

Stuart's principal areas of practice include: collective redundancies; discrimination (all categories of protected characteristics under the Equality Act 2010, as well as fixed-term employees, part-time workers, agency workers, trade union members, blacklisting); equal pay; negligent references; permanent health insurance (PHI); protected disclosures/whistleblowing; TUPE; unfair and wrongful dismissal; union recognition and disclosure of information for collective bargaining (CAC proceedings). In addition, he also has experience of professional negligence (usually employment law related).

He is frequently instructed to advise in respect of bonus/contractual disputes; confidential information; fiduciary duties; interim relief; and restrictive covenants/restraint of trade. His particular interest lies in the areas of discrimination, equal pay, and employee competition/restraint of trade/fiduciary duties.

Publications:
His principal publications in the employment field include:

  • Tolley's Employment Law (loose-leaf) (1) Unfair Dismissal (co-author); (2) Attachment of Earnings
  • Employment Precedents & Company Policy Documents (eds HHJ McMullen QC/Jeffreys/Julyan)(Sweet & Maxwell) - (1) Grievance & Disciplinary Procedures; (2) Union Recognition/collective redundancies; and (3) Works Councils
  • Munkman on Employer's Liability (Thompson Reuters) - author of 2 chapters. 16th Edition
  • Westlaw Insight Employment Law Encyclopaedia (2012-13) - author of various chapters (* co-author): (1) unfair dismissal; (2) wrongful dismissal; (3) constructive dismissal*; (4) implied term of trust and confidence*; (5) disciplinary procedures*; (6) grievance procedures*; (7) redundancy*;
  • (8) collective agreements; (9) Transfer of Undertakings Regulations 2006; (10) Equality Act 2010 overview; (11) Agency Workers Regulations 2010; (12) Fixed-term Employees Regulations 2002; (13) Discrimination on Trade Union grounds; (14) Equal Pay/The equality clause*; (15) collective agreements; (16) protective awards; (17) guarantee payments.
  • Labour Law Highlights (2012- 16) Institute of Employment Rights (Tuck, Criddle & Brittenden);
  • Brittenden S. (ed.) Online Rights – The Law in Europe (ICTUR)

 

Interim relief/confidential information:

Recent advisory/litigation experience in this field includes:

  • Successfully obtained ex parte injunction in the Chancery Division to restrain use of covertly recorded privileged material and delivery up of recording/transcripts: Brighton & Sussex University Hospitals NHS Trust v Zia & Ors
  • Advising defendant employer and ex-employees in a team move situation and post-termination restrictions/use of confidential information.
  • Advising law firm in relation to non-compete and non-dealing covenants involving appointment of a Partner.
  • Successfully represented a senior professional who had been dismissed with a PILON in seeking to restrain dismissal, in breach of capability procedure/implied term of trust and confidence
  • Defending application for interim injunction on behalf of employer and junior broker; dispute as to whether 6 month non-compete clause was unlawful restraint of trade
  • Defending application for interim injunction acting on behalf of employee and new employer; confidential information; resisting application for springboard relief; disputed enforceability of 12 months post-termination non-solicitation/dealing clauses
  • Advising high end supplier of luxury products re removal of client data/confidential information; delivery up orders; undertakings
  • Successfully set aside without notice mandatory injunction compelling utility company to re-connect electricity supply
  • Successfully obtained injunction against former employee who used client/pricing lists to compete in breach of covenants, including damages
  • Representing director in respect of removal of confidential information; delivery up; defences (right to retain information for purposes of ongoing litigation); confidential information Advising claimant company re: misuse of confidential information/software and breach of non-compete/dealing/solicitation provisions (environmental sector)
  • Advising specialist manufacturer re: misuse of confidential information, breach of fiduciary duties, poaching clients during currency of notice period, removal of confidential information (memory stick including business plans, pricing, supplier details)
  • Successfully defended law firm against application for interim relief preventing use of confidential information (covert recording of private discussions in collective bargaining process) Syncreon Automotive (UK) Ltd v Unite the Union & Thompsons Solicitors [2009] EWHC 437
  • Interim relief to restrain termination of employment in breach of contract.

Stuart has extensive and diverse experience acting for trade unions including defending injunction applications; applications before the Certification Officer, and appearing before the Central Arbitration Committee (recognition, disclosure of information for collective bargaining purposes). He has been instructed to draft and review various union Rule Books.

Industrial Action

Recent experience includes:

  • Govia Thameslink Railway Ltd  v ASLEF (No. 3) [2016] EWCA Civ 1309: art 49, 56 TFEU (application of Viking, Laval, Holship to industrial action on Southern)(junior counsel to O. Segal QC)
  • Govia Thameslink Railway Ltd v ASLEF (No. 2) [2016] [2016] I.R.L.R. 686  (QB)   (Supperstone J): ‘prior call’ (s. 233), ballot constituency (s. 228A), trade dispute (s. 244) (junior counsel to J. Hendy QC)
  • Govia Thameslink Railway Ltd  v ASLEF (No. 1) [2016] EWHC 985 (QB)  (Langstaff J): inducement to breach contract (junior counsel to J. Hendy QC)
  • POA national day of protest re prison safety: instructed to represent POA in short notice application by SofS
  • Secretary of State for Education v NUT [2016] I.R.L.R. 512 (Kerr J): seminal decision on trade dispute with Minister of the Crown (s. 244(2)(b)), interim declarations (junior counsel to J. Hendy QC)
  • POA Wormwood Scrubs: instructed by POA in relation to the refusal of officers to attend work on safety grounds
  • R (on the application of Unite) v Northampton General Hospital NHS Trust: judicial review/ interim injunction sought to restrain the use of agency staff during an employer’s lock-out contrary to reg 7 of the Conduct of Employment Agencies and Employment Businesses Regulations, SI 2003/3319;  and inducement of an offence under s. 5 Employment Agencies Act 1973 (junior counsel to J. Hendy QC)
  • Olympic Bus Drivers’ Bonus Dispute -  (2nd junior to J. Hendy QC and M. Ford QC)

 

Trade Union Recognition/Collective Bargaining

  • BALPA v Jet2.com: instructed by BALPA in the Court of Appeal successfully challenging the High Court ruling [2015] IRLR 543 as to the scope of negotiating rights for the purposes of para 3(3) Sch A1 of the 1992 Act in respect of pay, hours and holidays (junior to B. Carr QC).
  • Corrigan v University of Bolton EWCA A2/2016/0265 – s. 152 selection of union representative for redundancy, principal reason for dismissal, burden of proof: permission obtained to challenge EAT ruling in Court of Appeal.
  • Dunkley & Ors v Kostal UK Ltd: seminal decision on scope of s. 145B (inducements) – ET accepts that 1992 Act applies to cases where there is no permanent cessation of bargaining.
  • Unite v American Airlines TUR1/955(2016) CAC: successfully sought recognition of Aircraft Maintenance Technicians as a separate bargaining unit under Sch A1 where Unite was already recognised for a wider bargaining group.
  • BALPA v easyJet CAC: disclosure of information crew food costings and ancillary matters
  • Unite v Fujitsu Services Ltd DI/7/(2014) CAC: successfully represented Unite the first CAC decision seeking disclosure of information for collective bargaining under s.181(2) from a parent company in respect of information concerning a subsidiary.

 

Certification Officer

  • Mr & Mrs Street v UNISON D/1/15-16: successfully resisted complaint of not holding a branch AGM whilst placed under in regional supervision; implied terms – Rule Book; disapplication of rules – dysfunctional branch; custom and practice.
  • Chapman v Community CO/784177/2015-16: first CO decision clarifying that the implied term of trust and confidence does not apply to a union Rule Book, but an implied duty of cooperation is engaged; expulsion of member in breach of rules.

Recent public law experience includes:

  • Mosekari v Lewisham LBC [2015] E.L.R. 31: successfully represented Lewisham in resisting application brought by a long-serving teacher for exemption from mandatory induction period following award of QTS.
  • DC Dawes v Chief Constable of South Yorkshire Police (Admin) CO/1025/2016: obtained permission from Kerr J to challenge the Chief Constable’s refusal to allow an officer to retire upon reaching compulsory retirement age under A18 of the Police Pension Regulations 1987
  • Represented an office holder seeking to judicially review their removal from office in breach of requirements of natural justice (applying the principles in Ridge v Baldwin [1964] AC 40; Malloch v Aberdeen Corporation [1971] 1 WLR 1578; McLaughlin v Governor of the Cayman Islands [2007] 1 WLR 2839 PC; and Shoesmith).
  • R (on the application of Unite) v Northampton General Hospital NHS Trust: judicial review/ interim injunction sought in the Admin Court to restrain the use of agency staff during an employer’s lock-out contrary to reg 7 of the Conduct of Employment Agencies and Employment Businesses Regulations, SI 2003/3319;  and inducing an offence under s. 5 Employment Agencies Act 1973 (junior counsel to J. Hendy QC)
  • Advice in relation to the application of s. 149 EqA 2010 (public sector equality duty) in the transport sector.
  • Advice in relation to whether the decision of the Home Secretary to revoke licences for Detention Custody Officers under the Immigration & Asylum Act 1999 (Sched 11 para 7(1)) was art. 6 ECHR compliant.
  • Advice on judicial review of the education Admissions Code and Guidance in relation to Summer Born Babies, and placement of children outside of normal age group.

Prior to joining chambers, Stuart attained a Masters in Labour Law at the London School of Economics (LSE), and worked as an Employment Law Advisor to the British Dental Association (BDA).

Stuart has experience of internal and professional disciplinary proceedings particularly involving matters of clinical law and practice, and compliance with research protocols and associated regulatory requirements. Stuart frequently provides employment advice and representation within the health sector (including NHS Foundation Trusts and GP/Dental Practices) and is instructed by the leading firms of solicitors operating in this field.

He has experience of providing representation and advice in internal and professional disciplinary proceedings under Maintaining High Professional Standards in the Modern NHS (MHPS), and in respect of applications for interim injunctions seeking to compel compliance with MHPS.

Stuart has acted for registrants before the Health Professions Council (HCPC) and is familiar with the HCPC Standards of Conduct, Performance, and Ethics, having undertaken cases involving the HCPC Standards of Proficiency in respect of Psychologists and Speech Therapists. He has also appeared before the Nursing and Midwifery Council (NMC).

Outside of the health sector, Stuart has appeared in other internal procedures, for example providing representation in University disciplinary matters (under University Statutes), and has acted on behalf of Essex Fire Authority in disciplinary proceedings. He has also appeared before the Institute of Management Consultants.

Stuart also sits as an occasional member of the International Paralympic Committee (IPC) disciplinary panel member adjudicating upon anti-doping rule violations.


Stuart is an employment law specialist with 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. He is ranked in both Chambers & Partners and Legal 500 as an employment specialist. He has been commended by the former as being “bright and engaging”, “highly supportive”, impressing clients for his "responsiveness, pragmatism and thorough preparation” as well as being a "highly competent and clear adviser". Stuart "… is able to analyse complex matters in an extremely practical and commercial way" and is someone who “thinks ten paces ahead and is very good on his feet."

He has conducted grievance investigations into bullying and harassment in the education sector; supported disciplinary and grievance investigations undertaken in house; acted as adviser to internal disciplinary panels; and has on numerous occasions presented the Management Case in the health and HEI sectors.

He is a panel member on the International Paralympic Committee (IPC) Anti-Doping Committee which involves adjudicating upon anti-doping rule violations and determining sanctions.

Stuart has provided training on investigations and disciplinary procedures (to NHS Trusts and the Probation Service), and has published extensively on both disciplinary and grievance procedures (Tolleys Unfair Dismissal chapter; Employment Precedents Grievance and Disciplinary procedures; and Westlaw Insight). He is able to accept Public Access instructions.

  • Govia Thameslink Railway Ltd  v ASLEF (No. 3) [2016] EWCA Civ 1309: art 49, 56 TFEU (application of Viking, Laval, Holship to industrial action on Southern)(junior counsel to O. Segal QC)
  • BALPA v Jet2.com: instructed by BALPA in the Court of Appeal successfully overturning the High Court ruling [2015] IRLR 543 as to the scope of negotiating rights for the purposes of para 3(3) Sch A1 of the 1992 Act in respect of pay, hours and holidays (junior to B. Carr QC).
  • Govia Thameslink Railway Ltd v ASLEF (No. 2) [2016] IRLR 686   (Supperstone J): ‘prior call’ (s. 233), ballot constituency (s. 228A), trade dispute (s. 244) (junior counsel to J. Hendy QC)
  • Govia Thameslink Railway Ltd  v ASLEF (No. 1) [2016] EWHC 985 (QB)  (Langstaff J): inducement to breach contract (junior counsel to J. Hendy QC)
  • Secretary of State for Education v NUT [2016] I.R.L.R. 512 (Kerr J): seminal decision on trade dispute with Minister of the Crown (s. 244(2)(b)), interim declarations (junior counsel to J. Hendy QC)
  • McFarlane & Ambacher v EasyJet Airline Co Ltd (Bristol ET)[2016] IDS Brief 1058: seminal decision concerning adjustment to rostering arrangements to permit breastfeeding mothers to express milk, indirect sex discrimination, H&S, s. 63 ERA 1996.
  • Vodafone Ltd v Winfield [2016] EOR 271: EAT extension of time, discrimination.
  • Barnes v Lewisham LBC [2016] EWCA Civ 582: successfully represented Lewisham in appeal against ET decision dismissing claim for constructive dismissal and whistleblowing detriment.
  • Plumb v Duncan Print Group Ltd [2015] I.R.L.R. 711; [2016] I.C.R. 125 EAT: accrual of right to paid annual leave during long-term sickness absence. In a seminal decision the EAT held that the carry over period was subject to an 18 month temporal limit.
  • Land Registry v Houghton [2015] IDS Brief 128: successfully represented employees in one of the first EAT decisions to examine the scope of s. 15 EqA 2010 (unfavourable treatment arising in consequence of disability).
  • Mosekari v Lewisham LBC; [2015] E.L.R. 31: successfully represented Lewisham in resisting judicial review application brought by a teacher for exemption to mandatory induction period following award of QTS.
  • Virulite LLC v Virulite Distribution Ltd  [2015] 1 All E.R. (Comm) 204 (QBD): represented defendant in commercial action in multi-million pound claim for damages arising from wrongful repudiation of distribution agreement for cold sore treatment; promissory estoppel; repudiation; termination; variation clauses; waiver
  • Thorne v House of Commons Commission [2014] I.R.L.R. 260 (QBD): group litigation challenging refusal of annual pay increase as part of public sector pay restraint.
  • Dunn v Basildon and Thurrock University Hospitals NHS Foundation Trust [2013] EWHC 3636 (QBD): successfully resisted application for interim injunction to restrain disciplinary appeal hearing.
  • Vaughan v Lewisham LBC [2013] I.R.L.R. 720 (QBD): successfully sought stay of High Court defamation proceedings pending related concurrent ET proceedings.
  • Anderson v London Fire and Emergency Planning Authority [2013] I.R.L.R. 459 CA: successfully represented +300 claimants in claim unlawful deduction of wages; interpretation of collective agreement.
  • Vaughan v Lewisham LBC UKEAT/0534/12/SM: use of covert recordings in ET proceedings, disclosure and proportionality.
  • Johnson Controls Ltd v UKAEA & Campbell EAT (2012): successfully represented UKAEA in first appellate authority involving a SPC being brought back in-house under TUPE reg 3(1)(b)(iii).
  • HM Land Registry v Benson [2012] I.R.L.R. 373; [2012] I.C.R. 627; [2012] Eq. L.R. 300: age discrimination; voluntary severance; justification defence - employer was entitled to apply a "cheapness criterion" when deciding which employees should be able to take advantage of an early retirement scheme.
  • Victoria and Albert Museum v Durrant [2011] I.R.L.R. 290 EAT: successfully appealed ET decision that employee was redundant; first appellate authority on s. 106 ERA 1996 (replacements).
  • Syncreon Automotive (UK) Ltd v Unite the Union & Thompsons Solicitors [2009] EWHC 437 (QBD): use of covertly recorded confidential material for litigation purposes.
  • Vaseghi v Brunel University [2006] EWCA Civ 1681: subconscious race discrimination, adequacy of reasons.
  • Land Securities Trillium Ltd v Thornley [2005] I.R.L.R. 765 EAT: changes made by an employer to an employee's contractual duties which had the effect of de-skilling the employee as an architect amounted to a fundamental breach of contract entitling them to resign and claim contractual severance pay.
  • Haddon v. Telewest Communications (Midland & Northwest) Ltd [Birmingham ET] - first successful posthumous disability discrimination case - Daily Mail (cover story) [30/3/01], The Independent; [30/3/01]; The Times [30/3/01].

pAwards

C&P 2018 Leading Barrister Legal 500 2017 Leading Individual 2017 C&P Leading individual 2016 L500 Leading Individual C&P 2016 Ranked Barrister L500 2015 leading individual Chambers & Partners 2015 Barrister Legal 500 Top Ranked Barrister 2014 Ranked in Chambers & Partners 2014
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