Stuart Brittenden

Year of call 1999

CClerk

William Meade
020 7269 0360 Email William

Stuart is an employment law specialist with extensive experience in the full spectrum of individual and collective employment law, appearing at first instance and at appellate levels. He is ranked as a Band 1 leading Employment Junior by both Chambers & Partners and Legal 500, and his expertise in this field is also acknowledged by Who’s Who Legal.

He was shortlisted by Chambers & Partners as Employment Junior of the Year (2017), and has been named UK Employment Junior of the Year by Legal 500 (2018). Stuart has been commended by the former for being "… 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." Who’s Who Legal highlight “his strong expertise in the Equality Act 2010 and equal pay matters”.

His practice areas include Employment & Discrimination, Industrial Relations, Professional Discipline, and Judicial Review.

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 of strategic importance for and on behalf of a number of trade unions.

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 (ADRV)


Professional Memberships:

  • Employment Law Bar Association (ELBA)
  • Employment Lawyers Association (ELA)
  • Institute of Employment Rights (IER)
  • Industrial Law Society (ILS)
  • Kostal UK Ltd v Dunkley & Ors [2018] IRLR 428 (successfully represented Unite members in seminal decision on s. 145B inducements)
  • London Care Ltd v Henry & Ors UKEAT/0219/17/DA (TUPE, largest group NMW litigation in care sector))
  • Reading Borough Council v James & Ors UKEAT/0222/17/JOJ (equal pay, choice of comparator, operation of equality clause)
  • Blakely v On-Site Recruitment Solutions Ltd UKEAT/ 0134/17/DA (test litigation on worker status; service companies; construction sector)
  • Fleming v East of England Ambulance Service NHS Trust UKEAT/0054/17/BA (admissibility of covert recordings, legal professional privilege)
  • Thomas Cook Airlines Ltd v BALPA [2017] EWHC 2253 (QB); [2017] IRLR 1137: successfully represented the pilot union in the first decision under s. 229(2D) TULR(C)A 1992 concerning the amount of information which needs to be included within ballot paper (junior counsel to O. Segal QC)
  • Ministry of Justice v Prison Officers’ Association [2018] ICR 181: inducement of prison officers to withhold their services, s. 127 CJPOA 1994; High Court accepted that the collective withdrawal from non-contractual  duties did not constitute actionable inducement at common law (junior counsel to J. Hendy QC)
  • Govia Thameslink Railway Ltd  v ASLEF (No. 3) [2017] 2 CMLR 24; [2017] ICR 497; [2017] IRLR 246 CA: art 49, 56 TFEU (seminal decision examining the reach of the TFEU fundamental freedoms to industrial action, and the application of Viking, Laval, Holship to industrial action on Southern)(junior counsel to O. Segal QC)
  • BALPA v Jet2.com Ltd [2017] EWCA Civ 20; [2017] ICR 457; [2017] IRLR 233 CA: 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] EWHC 1320 (QB); [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] EWHC 812 (QB); [2016] IRLR 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 [2016] IDS Brief 1058: test litigation concerning adjustments to rostering arrangements to permit breastfeeding mothers to express milk, indirect sex discrimination, H&S, s. 63 ERA 1996.
  • Osborne & Ors v Capita Business Services Ltd UKEAT/0048/16/RN: TUPE; outsourcing of local authority functions; ETO reason for dismissal.
  • Vodafone Ltd v Winfield UKEAT/0016/16/JOJ; [2016] EOR 271: disability discrimination, just and equitable extension of time, employer’s conduct of grievance procedure.
  • Barnes v Lewisham LBC [2016] EWCA Civ 582: successfully represented Lewisham concerning constructive dismissal and whistleblowing detriment.
  • Plumb v Duncan Print Group Ltd [2016] ICR 125: accrual of right to paid annual leave during long-term sickness absence - EAT held that the carry over period was subject to an 18 month temporal limit
  • Land Registry v Houghton [2015] IDS Brief 128: one of the first EAT decisions to examine the scope of s. 15 EqA 2010 (unfavourable treatment arising in consequence of disability; withholding of bonus payments; sickness absence)
  • Mosekari v Lewisham LBC [2015] ELR 31 (Admin): successfully represented Lewisham resisting a judicial review challenge brought by a teacher seeking exemption from mandatory induction period following award of QTS
  • Virulite LLC v Virulite Distribution Ltd  [2015] 1 All E.R. (Comm) 204 (QBD): represented defendant in multi-million pound commercial action - wrongful repudiation of distribution agreement for cold sore treatment; promissory estoppel; repudiation; termination; variation clauses; waiver (junior to O. Segal QC).
  • Thorne v House of Commons Commission [2014] EWHC 93 (QB); [2014] IRLR 260: public sector pay freeze; breach of contract - progression payments; incorporation
  • Brighton & Sussex University Hospitals NHS Trust v Zia & Ors: successfully obtained ex parte injunction in the Chancery Division to restrain use of covertly recorded privileged material and delivery up of recording/transcripts
  • Vaughan v London Borough of Lewisham [2013] IRLR 720: concurrent ET and High Court proceedings; refusal to stay High Court proceedings; defamation – justification defence
  • Anderson & Ors v LFEPA [2013] EWCA Civ 321; [2013] IRLR 459 CA: collective agreement 3 year pay deal; construction; incorporation (junior to O. Segal QC)
  • Dunn v Basildon & Thurrock University Hospitals NHS Foundation Trust [2013] EWHC 3636 (QB): successfully represented Trust to resist application for interim relief; alleged breach of disciplinary procedure
  • Working Links (Employment Ltd) v PCS UKEAT/0305/12/RN; [2013] IDS Brief 971: collective redundancy consultation; trade union recognition for collective bargaining; s. 188
  • Vaughan v LB Lewisham UKEAT/0534/12/SM: admissibility of covert recordings
  • HM Land Registry v Benson [2012] ICR 627; [2012] IRLR 373: early retirement; age discrimination; justification

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-) - author of various chapters
  • Labour Law Highlights (2012- 18) Institute of Employment Rights (ed. R.Tuck)

 

Interim relief/confidential information:

Recent advisory/litigation experience in this field includes:

  • BALPA & Anor v BA Cityflyer – instructed by BALPA in its application for interim declaratory relief. High Court provided guidance on relatively untested CPR Part 25.1(b)(junior to O. Segal QC)
  • 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.
  • Secretary of State for Education v NUT [2016] EWHC 812 (QB); [2016] IRLR 512 (Kerr J): represented Union in resisting application for interim declaration concerning the legality of planned industrial action (junior counsel to J. Hendy QC)
  • 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
  • Successfully represented Trust to resist application for interim relief; alleged breach of disciplinary procedure: Dunn v Basildon & Thurrock University Hospitals NHS Foundation Trust [2013] EWHC 3636 (QB):
  • 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 for interim relief; applications before the Certification Officer, and appearing before the Central Arbitration Committee (recognition, disclosure of information for collective bargaining purposes).

Rule Books

Stuart has been called upon by various trades unions to advise upon the interpretation of rule book provisions; re-drafting rules; and to undertake a wholesale review of rules. He has drafted amendments to comply with the changes introduced by TUA16 in relation to political funds.

Industrial Action

Recent experience includes:

  • Thomas Cook Airlines Ltd v BALPA [2017] EWHC 2253 (QB); [2017] IRLR 1137: successfully represented the pilot union in the first decision under s. 229(2D) TULR(C)A 1992 concerning the amount of information required on the ballot paper as to the expected period of industrial action (junior counsel to O. Segal QC)
  • Ministry of Justice v Prison Officers’ Association [2018] ICR 181; The Times 20 Sept. 2017 (Jay J): inducement of prison officers to withhold their services, s. 127 CJPOA 1994; collective withdrawal from non-contractual/voluntary duties did not constitute actionable inducement at common law (junior counsel to J. Hendy QC)
  • Govia Thameslink Railway Ltd  v ASLEF (No. 3) [2016] EWCA Civ 1309; [2017] 2 CMLR 24; [2017] ICR 497; [2017] IRLR 246 : art 49, 56 TFEU (seminal decision examining the reach of the TFEU fundamental freedoms to industrial action, and the 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] EWHC 1320 (QB); [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] EWHC 812 (QB); [2016] IRLR 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 national day of protest re prison safety: instructed to represent POA in short notice application by SofS (Nov, 2016)
  • 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

  • Kostal UK Ltd v Dunkley & Ors [2018] IRLR 428: seminal EAT decision on scope of s. 145B (inducements)
  • Instructed to represent Unite members for the return date in the Birmingham waste management dispute: (1) Taylor & Ors; (2) Unite v Birmingham City Council HQ17X03282 (junior to O. Segal QC)
  • BALPA v Jet2.com Ltd [2017] EWCA Civ 20; [2017] ICR 457; [2017] IRLR 233: 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 (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
  • 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

Recent experience includes:

  • Coyne & Brooks v Unite: instructed by Unite (junior to O. Segal QC)
  • Penkethman & Ors v CWU: successfully represented CWU resisting complaint of failure to comply with campaign rules, failure to receive ballot paper
  • Abrahams & Ors v URTU: instructed to represent Union
  • Mr & Mrs Street v UNISON D/1/15-16: successfully resisted complaint about 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

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 Care and 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 (ADRV).


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 as a Band 1 Employment specialist in both Chambers & Partners and Legal 500. 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 been instructed to conduct grievance investigations into bullying and harassment in the education, financial, and sporting sectors; supported disciplinary and grievance investigations undertaken in house; acted as chair in internal appeals against dismissal, and has also acted as adviser to internal disciplinary panels. Stuart has on numerous occasions presented the Management Case in the health and HEI sectors.

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

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

Legal 500 Awards winner 2018 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 with extensive experience in the full spectrum of individual and collective employment law, appearing at first instance and at appellate levels. He is ranked as a Band 1 leading Employment Junior by both Chambers & Partners and Legal 500, and his expertise in this field is also acknowledged by Who’s Who Legal.

He was shortlisted by Chambers & Partners as Employment Junior of the Year (2017), and has been named UK Employment Junior of the Year by Legal 500 (2018). Stuart has been commended by the former for being "… 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." Who’s Who Legal highlight “his strong expertise in the Equality Act 2010 and equal pay matters”.

His practice areas include Employment & Discrimination, Industrial Relations, Professional Discipline, and Judicial Review.

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 of strategic importance for and on behalf of a number of trade unions.

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 (ADRV)


Professional Memberships:

  • Employment Law Bar Association (ELBA)
  • Employment Lawyers Association (ELA)
  • Institute of Employment Rights (IER)
  • Industrial Law Society (ILS)
  • Kostal UK Ltd v Dunkley & Ors [2018] IRLR 428 (successfully represented Unite members in seminal decision on s. 145B inducements)
  • London Care Ltd v Henry & Ors UKEAT/0219/17/DA (TUPE, largest group NMW litigation in care sector))
  • Reading Borough Council v James & Ors UKEAT/0222/17/JOJ (equal pay, choice of comparator, operation of equality clause)
  • Blakely v On-Site Recruitment Solutions Ltd UKEAT/ 0134/17/DA (test litigation on worker status; service companies; construction sector)
  • Fleming v East of England Ambulance Service NHS Trust UKEAT/0054/17/BA (admissibility of covert recordings, legal professional privilege)
  • Thomas Cook Airlines Ltd v BALPA [2017] EWHC 2253 (QB); [2017] IRLR 1137: successfully represented the pilot union in the first decision under s. 229(2D) TULR(C)A 1992 concerning the amount of information which needs to be included within ballot paper (junior counsel to O. Segal QC)
  • Ministry of Justice v Prison Officers’ Association [2018] ICR 181: inducement of prison officers to withhold their services, s. 127 CJPOA 1994; High Court accepted that the collective withdrawal from non-contractual  duties did not constitute actionable inducement at common law (junior counsel to J. Hendy QC)
  • Govia Thameslink Railway Ltd  v ASLEF (No. 3) [2017] 2 CMLR 24; [2017] ICR 497; [2017] IRLR 246 CA: art 49, 56 TFEU (seminal decision examining the reach of the TFEU fundamental freedoms to industrial action, and the application of Viking, Laval, Holship to industrial action on Southern)(junior counsel to O. Segal QC)
  • BALPA v Jet2.com Ltd [2017] EWCA Civ 20; [2017] ICR 457; [2017] IRLR 233 CA: 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] EWHC 1320 (QB); [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] EWHC 812 (QB); [2016] IRLR 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 [2016] IDS Brief 1058: test litigation concerning adjustments to rostering arrangements to permit breastfeeding mothers to express milk, indirect sex discrimination, H&S, s. 63 ERA 1996.
  • Osborne & Ors v Capita Business Services Ltd UKEAT/0048/16/RN: TUPE; outsourcing of local authority functions; ETO reason for dismissal.
  • Vodafone Ltd v Winfield UKEAT/0016/16/JOJ; [2016] EOR 271: disability discrimination, just and equitable extension of time, employer’s conduct of grievance procedure.
  • Barnes v Lewisham LBC [2016] EWCA Civ 582: successfully represented Lewisham concerning constructive dismissal and whistleblowing detriment.
  • Plumb v Duncan Print Group Ltd [2016] ICR 125: accrual of right to paid annual leave during long-term sickness absence - EAT held that the carry over period was subject to an 18 month temporal limit
  • Land Registry v Houghton [2015] IDS Brief 128: one of the first EAT decisions to examine the scope of s. 15 EqA 2010 (unfavourable treatment arising in consequence of disability; withholding of bonus payments; sickness absence)
  • Mosekari v Lewisham LBC [2015] ELR 31 (Admin): successfully represented Lewisham resisting a judicial review challenge brought by a teacher seeking exemption from mandatory induction period following award of QTS
  • Virulite LLC v Virulite Distribution Ltd  [2015] 1 All E.R. (Comm) 204 (QBD): represented defendant in multi-million pound commercial action - wrongful repudiation of distribution agreement for cold sore treatment; promissory estoppel; repudiation; termination; variation clauses; waiver (junior to O. Segal QC).
  • Thorne v House of Commons Commission [2014] EWHC 93 (QB); [2014] IRLR 260: public sector pay freeze; breach of contract - progression payments; incorporation
  • Brighton & Sussex University Hospitals NHS Trust v Zia & Ors: successfully obtained ex parte injunction in the Chancery Division to restrain use of covertly recorded privileged material and delivery up of recording/transcripts
  • Vaughan v London Borough of Lewisham [2013] IRLR 720: concurrent ET and High Court proceedings; refusal to stay High Court proceedings; defamation – justification defence
  • Anderson & Ors v LFEPA [2013] EWCA Civ 321; [2013] IRLR 459 CA: collective agreement 3 year pay deal; construction; incorporation (junior to O. Segal QC)
  • Dunn v Basildon & Thurrock University Hospitals NHS Foundation Trust [2013] EWHC 3636 (QB): successfully represented Trust to resist application for interim relief; alleged breach of disciplinary procedure
  • Working Links (Employment Ltd) v PCS UKEAT/0305/12/RN; [2013] IDS Brief 971: collective redundancy consultation; trade union recognition for collective bargaining; s. 188
  • Vaughan v LB Lewisham UKEAT/0534/12/SM: admissibility of covert recordings
  • HM Land Registry v Benson [2012] ICR 627; [2012] IRLR 373: early retirement; age discrimination; justification

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-) - author of various chapters
  • Labour Law Highlights (2012- 18) Institute of Employment Rights (ed. R.Tuck)

 

Interim relief/confidential information:

Recent advisory/litigation experience in this field includes:

  • BALPA & Anor v BA Cityflyer – instructed by BALPA in its application for interim declaratory relief. High Court provided guidance on relatively untested CPR Part 25.1(b)(junior to O. Segal QC)
  • 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.
  • Secretary of State for Education v NUT [2016] EWHC 812 (QB); [2016] IRLR 512 (Kerr J): represented Union in resisting application for interim declaration concerning the legality of planned industrial action (junior counsel to J. Hendy QC)
  • 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
  • Successfully represented Trust to resist application for interim relief; alleged breach of disciplinary procedure: Dunn v Basildon & Thurrock University Hospitals NHS Foundation Trust [2013] EWHC 3636 (QB):
  • 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 for interim relief; applications before the Certification Officer, and appearing before the Central Arbitration Committee (recognition, disclosure of information for collective bargaining purposes).

Rule Books

Stuart has been called upon by various trades unions to advise upon the interpretation of rule book provisions; re-drafting rules; and to undertake a wholesale review of rules. He has drafted amendments to comply with the changes introduced by TUA16 in relation to political funds.

Industrial Action

Recent experience includes:

  • Thomas Cook Airlines Ltd v BALPA [2017] EWHC 2253 (QB); [2017] IRLR 1137: successfully represented the pilot union in the first decision under s. 229(2D) TULR(C)A 1992 concerning the amount of information required on the ballot paper as to the expected period of industrial action (junior counsel to O. Segal QC)
  • Ministry of Justice v Prison Officers’ Association [2018] ICR 181; The Times 20 Sept. 2017 (Jay J): inducement of prison officers to withhold their services, s. 127 CJPOA 1994; collective withdrawal from non-contractual/voluntary duties did not constitute actionable inducement at common law (junior counsel to J. Hendy QC)
  • Govia Thameslink Railway Ltd  v ASLEF (No. 3) [2016] EWCA Civ 1309; [2017] 2 CMLR 24; [2017] ICR 497; [2017] IRLR 246 : art 49, 56 TFEU (seminal decision examining the reach of the TFEU fundamental freedoms to industrial action, and the 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] EWHC 1320 (QB); [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] EWHC 812 (QB); [2016] IRLR 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 national day of protest re prison safety: instructed to represent POA in short notice application by SofS (Nov, 2016)
  • 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

  • Kostal UK Ltd v Dunkley & Ors [2018] IRLR 428: seminal EAT decision on scope of s. 145B (inducements)
  • Instructed to represent Unite members for the return date in the Birmingham waste management dispute: (1) Taylor & Ors; (2) Unite v Birmingham City Council HQ17X03282 (junior to O. Segal QC)
  • BALPA v Jet2.com Ltd [2017] EWCA Civ 20; [2017] ICR 457; [2017] IRLR 233: 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 (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
  • 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

Recent experience includes:

  • Coyne & Brooks v Unite: instructed by Unite (junior to O. Segal QC)
  • Penkethman & Ors v CWU: successfully represented CWU resisting complaint of failure to comply with campaign rules, failure to receive ballot paper
  • Abrahams & Ors v URTU: instructed to represent Union
  • Mr & Mrs Street v UNISON D/1/15-16: successfully resisted complaint about 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

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 Care and 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 (ADRV).


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 as a Band 1 Employment specialist in both Chambers & Partners and Legal 500. 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 been instructed to conduct grievance investigations into bullying and harassment in the education, financial, and sporting sectors; supported disciplinary and grievance investigations undertaken in house; acted as chair in internal appeals against dismissal, and has also acted as adviser to internal disciplinary panels. Stuart has on numerous occasions presented the Management Case in the health and HEI sectors.

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

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

Legal 500 Awards winner 2018 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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