EMPLOYMENT Robust – Resourceful – Reliable
Commercial & Property Crime Employment Family Health & Safety Housing Insurance Fraud Personal Injury Public
“A fi rst tier fi rm – off ers a very good availability of counsel and the clerks are superb at off ering alternatives” Legal 500 2011
Manchester M3 4DN T 0161 955 9000 F 0161 955 9001 [email protected] www.9sjs.com Employment
“9 St John Street is not just The Chambers & Partners Directory, and in We would hope to offer a “best value” type one of the Northern Circuit’s addition, the Legal 500 recognise that 9 St service, which means providing a high degree leading employment law sets, John Street is the leading Employment Law of performance at a competitive cost. but is also celebrated for its Barristers set outside London. strong national presence. Our experienced clerking team can arrange It acts on demanding and 9 St John Street is nationally recognised for specially tailored “Service Standards” to cover complex cases for individuals, its employment law expertise. Chambers has your expectations of our team. We already have large corporations and a full team of employment law specialists. By such Standards in place with our main clients. trade unions in both the “specialist” we do not mean that they have These Standards ensure rapid access to counsel, public and private arenas. from time to time appeared in the Employment certainty of costs and a means of resolving It is particularly strong in Tribunals, but that they have “week in, week any difficulties that might arise in provision of handling unfair dismissals, out” experience of Tribunals all over the services. discrimination and equal country, though particularly in Manchester and opportunities cases. the North West. Members of the Employment Client service: The clerks, Law Group have in the last few years appeared led by Tony Morrissey, are in the European Courts of Justice, House of praised for being flexible and Lords and the Court of Appeal in employment approachable: ‘The clerks are matters. Members of chambers appear regularly so friendly it can feel like they in the Employment Appeal Tribunal and High are your colleagues; it is a Court. great relationship. They also always make an effort to be The essence of our service is teamwork. flexible on fees.’” Whilst there are other employment barristers Chambers & Partners 2015 practicing in the North West, we believe that 9 St John Street is the only chambers, which can realistically provide an entire team at your disposal. We have expertise at all levels, including 2 Senior Q.Cs, to twenty four experienced “juniors”, including new practitioners who are able to economically but competently cover directions hearings and small claims.
EMPLOYMENT
Manchester M3 4DN T 0161 955 9000 F 0161 955 9001 [email protected] TOP TIER SET TOP TIER SET www.9sjs.com 2014 2013 PAUL GILROY QC
Head of Employment Group ASSOCIATIONS Employment Law Bar Association YEAR OF CALL Employment Lawyers Association 1985, Gray’s Inn Professional Negligence Bar Association
YEAR OF SILK MEMBERSHIPS 2006 Employment Lawyers Association Employment Law Bar Association EDUCATION LLB (Hons)
“Focuses on employment law PROFILE NOTABLE RECENT CASES and is frequently instructed Paul Gilroy is a specialist Employment Tribunal • Civil claims arising from Operation Elveden on complex or high level practitioner who is instructed in cases of the (2015/16) Acting for 15 senior journalists in work at the Employment greatest value, complexity and sensitivity. multiple high value claims against leading Tribunal, Employment Appeal His Tribunal practice spans the full range of national newspaper arising out of arrest Tribunal and High Court, workplaces, from local and central government, and prosecution in the “payments to public such as whistleblowing, the NHS, commerce and industry to the officials” inquiry which followed the criminal discrimination, class actions professions and academia. phone hacking investigation concerning the and executive matters.” News of the World. Chambers and Partners 2016 Paul Gilroy has extensive High Court experience, with a particular emphasis in the • A v B (2016) Substantial claim against major “An expert in sports-related following areas: celebrity by former employee. Successful employment cases.” • Disputes relating to unlawful competition defence of multiple applications for privacy, Legal 500 2015 involving executive departures, team anonymity and restricted reporting orders. moves, restrictive covenants, garden leave, “He is an excellent advocate confidential information, applications for • AB v CD (2015) Represented Chief who has the gravitas to deal injunctive relief (including springboard relief Superintendent in proceedings involving with complex tribunals.” “He and search order applications), pre-action substantial claim for compensation is very thorough and focused.” disclosure and speedy trials. against his force for sexual orientation Chambers & Partners 2015 • Disputes concerning deferred remuneration, discrimination. bonuses (including ‘discretionary’ bonuses), “Respected for his expertise share options, deferred remuneration and • Aulton v Various (2014–2016) Successful in employment-related sports other employment benefits. defence of NHS Trust in ET and EAT TUPE litigation.” • High value wrongful dismissal claims class action by substance abuse workers. Legal 500 2014 including breach of fiduciary duty. • Disputes in relation to liquidated damages • Kansal v Tullett Prebon (2015) Successful “He is incredibly and penalty clauses. representation of broker of Indian origin knowledgeable, very • Pursuing and defending actions for in race discrimination claim against approachable and a supreme declaratory relief (eg trade unions v international interdealer broker in the City. advocate.” corporations). Chambers & Partners UK 2014 • High Court proceedings concerning trade • A19 Proceedings (2013–2016) Representing (Grade 1 rating) unions including applications for injunctive 25 police officers of Superintendent and Chief relief to restrain strike action. Superintendent rank in age discrimination • Class actions including claims concerning class action arising from their compulsory the incorporation of the terms of collective retirement under Regulation A19 of the Police agreements into individual contracts of Pension Regulations. Presently on appeal to employment. the Court of Appeal. • Non-contentious work including drafting restrictive covenants and other service agreement restrictions.
EMPLOYMENT • Sectors covered include banking and financial services, sport, media, national and local Manchester M3 4DN government, retail and technology. T 0161 955 9000 F 0161 955 9001 [email protected] www.9sjs.com 2015 “Paul Gilroy QC is a ‘top- APPOINTMENTS retirement under Regulation A19 of the Police class strategist’ …who gains Part-time Judge of Employment Tribunals Pension Regulations. Presently on appeal to plaudits for his gravitas (appointed 2000). the Court of Appeal. in court as well as his approachable manner out of NOTABLE CASES • A v B [2016] Substantial claim against globally it. He is especially commended • YKK v Ely [1993] IRLR 500 (CA) (Equivocal renowned celebrity by former employee. for his ‘ability to explain the resignation/ SOSR). intricacies of the law in an Paul Gilroy also practices at Littleton Chambers easily digestible way.’ A major • Abbey National v Formoso [1999] IRLR 22 in London. focus of his practice is sports- (EAT) (Pregnancy Discrimination). related employment law, and he has represented both top- • Hoyland v Asda Stores Limited [2005] IRLR level football managers and 438 (EAT) (Equal Pay). players.” Chambers & Partners UK 2013 • Oyarce v Cheshire County Council [2008] (Grade 1 rating) IRLR 653 (Court of Appeal) (Reversal of Burden of Proof in claims of Victimisation “Paul Gilroy QC has extensive under the Race Relations Act). experience in the field.” Legal 500 Directory 2013 • Lucy and others v British Airways plc [2009] (EAT) (Unlawful Deductions). “‘When it comes to silks practising in the region, • Bampouras and others v Edge Hill University you can do no better than [2010] EAT (Unfair Dismissal). Paul Gilroy QC,’ assert interviewees. Endorsed for his • Goode v Marks and Spencer plc [2010] (EAT) ‘tough and robust’ approach, (Whistleblowing). Gilroy has a particularly strong reputation for • Woodcock v Cumbria Primary Care Trust representing football clients in [2012] Leading Court of Appeal authority employment disputes.” on the defence of justification in claims of Chambers & Partners UK 2012 indirect discrimination. (Grade 1 rating) • Griffiths v Liverpool Heart & Chest Hospital “Paul Gilroy QC is ‘at the top NHS Trust [2013] Successful defence of seven of the ladder’, ‘as good as it figure discrimination claim by consultant gets’, for employment matters heart surgeon. and frequently handles high-profile cases concerning • Cunningham v AIB (UK) [2014] Substantial professional sports contracts.” settlement of whistleblowing claim by senior Legal 500 Directory 2011 director after ET proceedings and appeal to the EAT. “A lawyer who ‘has the gravitas and standing that • AB v CD [2015] Represented Chief comes from years of battling Superintendent in proceedings involving away in the employment substantial claim for compensation trenches,’ he is ‘a peerless against his force for sexual orientation performer before the discrimination. tribunal’.” Chambers & Partners UK 2011 • Aulton v Various [2014–2016] Successful (Grade 1 rating) defence of NHS Trust in ET and EAT TUPE class action by substance abuse workers.
• Kansal v Tullett Prebon [2015] Successful representation of broker of Indian origin
EMPLOYMENT in race discrimination claim against international interdealer broker in the City. Manchester M3 4DN T 0161 955 9000 • A19 Proceedings [2013–2016] Representing 25 F 0161 955 9001 police officers of Superintendent and Chief [email protected] Superintendent rank in age discrimination www.9sjs.com class action arising from their compulsory GERARD McDERMOTT, QC
YEAR OF CALL MEMBERSHIPS AND OFFICES 1978, Middle Temple Recorder. Past Leader, European Circuit QUEEN’S COUNSEL 1999 of the Bar. Past President, American Counsel Association. Personal Injuries ADDITIONAL QUALIFICATIONS Bar Association. American Bar Attorney-at-law (New York) Association. International Association of Defense Counsel. Bar European Group. Deputy High Court judge.
“highly regarded and has a SPECIALIST AREAS OF PRACTICE R v Pennine Acute NHS Trust [2003] EWCA particular forte advising on Employment and Discrimination Crim 3436 – health and safety, transfer of matters where personal injury Clinical and Professional Negligence criminal liability law and employment law cross Personal Injury over.” Health and Safety Unison v RCO Services [2002] EWCA Civ 464 – Chambers & Partners 2012 Public Inquiries transfer of undertakings
“a fi rst choice leader for PROFILE Held in the highest regard by clients in the many” Gerard has a particular expertise in UK and lawyers further afi eld, Gerard is Legal 500 2011 employment cases which involve an ‘European recommended in Chambers UK and the Legal element’, such as transfer of undertakings, and 500, with the latter describing him as being “Gerard McDermott QC has appeared at all levels up to and including of “star quality in employment work”. He handles high-value claims and the House of Lords and the European Court undertakes the full range of employment cases has extensive cross-border of Justice. He is the current Leader of the (both before Tribunals and in the Civil Courts) experience” European Circuit of the Bar. His personal injury including discrimination, unfair dismissal and Legal 500 2011 practice complements his employment work; redundancy claims. Gerard has extensive experience in complex Th is “enthusiastic, highly and high-value personal injury cases involving esteemed silk” has recently injury at work (including stress, bullying and been advising government harassment). He also acts for professionals departments on equal and other employees in disciplinary / criminal pay issues and restrictive proceedings, and was leading Counsel for the covenants. Health Authority in the Shipman Inquiry. Chambers & Partners 2011 A proactive interest in international law and “Gerard McDermott QC practice has grown throughout his career at the at Outer Temple Chambers Bar. Qualifi ed as an attorney-at-law (New York) is an unsung star, who by examination, Gerard is a past Chairman not only takes on the full of the Bar Council’s International Relations range of employment cases, Committee and, more recently, was President including discrimination, of the American Counsel Association. Gerard unfair dismissal and undertakes cases that involve cross-border redundancy claims, but also issues (e.g. workers or tourists injured abroad). has considerable knowledge of Th rough his contacts in Europe and America, employment issues that touch he is able to assist instructing solicitors in upon European law.” identifying and working with appropriate Chambers & Partners 2010 Counsel aboard.
SOME NOTABLE CASES: Th e Shipman Inquiry
EMPLOYMENT R (Ultraframe (UK) Ltd v Central Arbitration Manchester M3 4DN Committee, TLR 12/04/05 – judicial review, T 0161 955 9000 collective bargaining F 0161 955 9001 [email protected] www.9sjs.com
NINE ST JOHN CV EMP.indd 1 27/03/2012 12:52 TERENCE RIGBY
YEAR OF CALL APPOINTMENTS 1971, Gray’s Inn Recorder since 1994 Terence sits in the Crown Court and EDUCATION County Court. He regularly sits on a LLB, Nottingham wide range of civil cases including more BCL Keble College, Oxford complicated personal injury cases, Lord Justice Holker Scholar, Gray’s Inn contract disputes and even housing cases. (See Moran v Manchester City ASSOCIATIONS Council [2009] UKHL 56) Employment Law Bar Association
EMPLOYMENT LAW Terence is also a member of the Personal Injury Terence has specialised in this area for many Group and the Regulatory and Disciplinary years; it is a very important part of his practice Group in Chambers. and one in which he is highly regarded.
He appears in Employment Tribunals throughout the United Kingdom and Scotland and has also appeared in Northern Ireland.
He is expert and experienced in all employment work including Trade Union and labour relations, contracts of employment and restraint of trade. He most regularly acts, however, in discrimination, unfair dismissal, redundancy, TUPE and equal pay claims.
He acts for both Claimants and Respondents. The former have included: medical and legal professionals, teachers and sportsmen. Respondents whom he has represented include: PLCs and other commercial undertakings, local authorities, NHS Trusts and other health authorities, schools and trade unions.
Some of the reported cases in which Terence has appeared are:
• M essenger Group Newspapers v NGA (Industrial Relations) [1984] 1 AER 293
• Ch audhary v BMA (Race Discrimination) (No.1) [2003] ICR 15101 (No.2) UK EAT 1951/01
• Ed wards v Governors of Hanson School (Unfair Dismissal and also subsequently a stress claim which reached the Court of Appeal) [2001] IRLR 733
• H arrison v Preston Borough Council and
EMPLOYMENT Driver [2002] EAT154 (Sex Discrimination
Manchester M3 4DN • C umbria County Council v Carlisle Morgan T 0161 955 9000 (Whistleblowing)[2007] IRLR 314 F 0161 955 9001 [email protected] • R oberts v Northwest Ambulance Service www.9sjs.com (Disability Discrimination) [2012] UKEAT 85 NIGEL GRUNDY
YEAR OF CALL ASSOCIATIONS 1983, Middle Temple Employment Lawyers Association Professional Negligence Bar Association EDUCATION MA Jurisprudence, Pembroke College, Oxford
“Covers the full spectrum APPOINTMENTS He took the case of Cheshire and Wirral of employment law and Recorder of the Crown and County Courts Partnership NHS Trust v Abbott and Others trade union matters and Accredited by General Medical Council to [2006] IRLR 646 to the Court of Appeal which is often instructed at the conduct Fitness to Practise Panel Proceedings addressed the proper legal approach to the Employment Tribunal, and hearings in the Administrative Court choice of the pool for comparators in cases of Employment Appeal Tribunal Accredited by Equal Opportunities and Human indirect discrimination. He represented Wigan and High Court level. He Right Commission RLFC in the claim for disability discrimination typically acts for NHS trusts, brought by Mike Gregory and more recently universities, businesses PROFILE his case of Salford NHS PCT v Smith [2011] and local authorities. ‘He’s Nigel Grundy is a senior barrister with an EQLR 1119 addressed the proper extent of conscious of creating the right excellent reputation for preparing, advising claims for reasonable adjustments. He has impression and getting the and fighting cases across the full range of represented recently a large firm of Solicitors in Tribunal onside, which is as Employment and Trade Union law. He uses respect of a race and disability discrimination important as being technically his wealth of experience to give clear, concise claim brought against it by a senior employee, competent.’” and robust opinions and offers a first class and by contrast he represented an individual Chambers & Partners 2016 advocacy service. He appears regularly in the Claimant recently in a race and disability Employment Tribunal, Employment Appeal discrimination claim against OFSTED. He has “A skilful and highly regarded Tribunal and the High Court. He is well known represented many Universities and NHS Trusts advocate.” for his employment work for which Chambers in discrimination claims. He is an accredited Legal 500 2015 and Partners and the Legal 500 describe him as barrister for the Equality and Human Rights a “Leading Junior” and “Highly Rated”. Commission. “He is very well thought of and popular with solicitors.” EMPLOYMENT TRIBUNAL/EMPLOYMENT Nigel has a wealth of experience in dealing Chambers & Partners 2015 APPEAL TRIBUNAL with all forms of unfair dismissal claims Nigel practises extensively in the Employment including conduct, capability, redundancy, “Able to assimilate Tribunal and Employment Appeal Tribunal in whistleblowing, health and safety etc. It was information and whittle it cases including in no particular order: Nigel’s case of Boys and Girls Welfare Society v down to the most salient • Discrimination McDonald [1997] ICR 693 which clarified and points.” • Equal pay qualified the application of British Home Stores Legal 500 2014 • Unfair dismissal v Burchell to misconduct dismissals. • Whistleblowing • Collective redundancy He has dealt with many whistleblowing cases • Redundancy including ones for Flintshire CC and Salford • Rights upon insolvency University. • TUPE • Flexible Working He has advised in and fought many collective redundancy dismissals/protective award claims Nigel’s experience in discrimination cases is for Local Authorities, Universities and large largely unrivalled. He has dealt with sex and corporate clients. race discrimination cases from the start of his
EMPLOYMENT legal career, disability discrimination since its inception in 1996 (in fact he presented the first Manchester M3 4DN seminar in 1995 to the Manchester Law Society T 0161 955 9000 upon the legal effect and interpretation of the F 0161 955 9001 Disability Discrimination Act 1995 – now the [email protected] Equality Act 2010) and age discrimination since www.9sjs.com its inception. 2015 “An experienced junior who His experience extends to the interpretation He has dealt with appeals relating to the has a strong practice in of the employment rights of employees upon exclusion of GPs from Medical Performers Lists both employment law and the insolvency of their employers. He has to the Family Health Services Appeal Authority professional discipline. He is recently assisted USDAW in a case concerning – now replaced by the Primary Health Lists widely praised by peers for his the proper interpretation of Part XII of Tribunal (part of the First Tier of the Tribunal strong advocacy skills.” Employment Rights Act 1996 and whether for Health, Education and Social Care). Chambers & Partners 2014 the Insolvency Service is under a duty to pay arrears of pay to employees who were put on UNIVERSITY/HIGHER EDUCATION SECTOR “demonstrates considerable garden leave prior to the insolvency of their Nigel has dealt with cases relating to the talent” employers. University/Higher Education Sector for many Legal 500 2013 years. His expertise has been recognised by Nigel has advised and dealt with TUPE claims being asked to chair internal disciplinary and “Nigel Grundy is a ‘client- for 30 years both under the 1981 Regulations grievance appeals by the Universities of Salford, friendly’ barrister who has and subsequently under the 1996 Regulations. Lancaster, Newcastle, Hull and Leicester. built a truly multifaceted practice, covering both CONTRACTS OF EMPLOYMENT AND HIGH He has dealt with cases considering limits to employment law and personal COURT PROCEEDINGS or the extent of “academic freedom” [Duke v injury litigation… Nigel Nigel advises and appears frequently in University of Salford] and he has advised upon has also proven himself to the High Court seeking injunctions or the best way to proceed following student be particularly adept at defending applications for injunctions for complaints against a Professor. disciplinary work. He has breaches of restrictive covenants and duties appeared before sports and of confidentiality. His experience extends to He has been engaged in cases concerning the police regulatory bodies and cases involving Directors’ breaches of fiduciary entitlement to protective awards following the also has notable experience duties and springboard injunctions. Recently expiry of fixed term contracts of academic and of representing the GMC in he was a keynote speaker upon the enforcement research staff. fitness to practise hearings. As of restrictive covenants and confidential one commentator notes: ‘He information at an employment conference SPORT stands out for his ability to organised by Hill Dickinson, Solicitors. One of the cases which is the closest to Nigel’s master large volumes of work heart (being a supporter of BWFC) was when in complex medical cases’.” Dealing with claims for wrongful dismissal he represented the Club at FA arbitration Chambers & Partners 2013 and stigma damages are “bread and butter” for hearings in the case of Notts County FC v Bolton Nigel. Recently he was involved in a substantial Wanderers FC and S Allerdyce. He represented “Nigel Grundy is ‘very client wrongful dismissal claim in the High Court – Manchester City FC upon the employment friendly’.” Hogg vTEC [2012]. claims brought against them by Colin Bell. Legal 500 2012 He is also renowned for cases involving the His clients have also included Wigan RLFC and “Instructing solicitors interpretation and enforcement of Permanent Stockport County FC. He has represented clubs value Nigel Grundy’s Health Insurance Schemes. His experience at FA and League disciplinary and arbitration thorough preparation and dates back to his case of Walton v Airtours PLC hearings and in High Court proceedings. He responsiveness. He dovetails [2002] EWCA Civ 1659. was approved Counsel for the hearings during his employment workload the Commonwealth Games in Manchester. with his thriving personal NHS/MEDICAL SECTOR injury and clinical negligence Nigel has notable experience in GMC fitness LOCAL GOVERNMENT AND POLICE CASES practice, and frequently acts to practise hearings and appeals in the Nigel is very familiar with employment cases for claimants and defendants Administrative Court, including 2 high profile involving Local Authorities. He has represented in industrial disease cases.” cases relating to the activities of Dr Shipman. virtually all Local Authorities in the North West Chambers & Partners 2012 and North Wales over the years both in internal He has considerable experience in dealing with disciplinary proceedings , in Employment many internal disciplinary and appeal hearings Tribunal claims and Appeals. for NHS Trusts and the Ambulance Service. He has intimate knowledge of the application to He has dealt with internal disciplinary contracts of employment of “Maintaining High cases for Greater Manchester Police and Professional Standards in Modern NHS” which represented them and the North Wales Police replaced NHS Circular HC(90)9. in discrimination claims.
EMPLOYMENT His cases have involved for example the proper If you would like any further information please interpretation of clauses incorporated into contact Nigel’s clerks at [email protected] Manchester M3 4DN contracts of employment by Agenda for Change T 0161 955 9000 eg Clause 16.7 regarding redundancy payments NOTABLE CASES F 0161 955 9001 [Sidwell and Others v NHS Lancashire PCT – • Boys and Girls Welfare Society v McDonald [email protected] 2012 (ET)]. [1997] ICR 693 www.9sjs.com “Nigel Grundy is a leading • Mennell v Newell and Wright (Transport senior junior who regularly Contractors) Limited [1997] ICR 1039 represents blue-chip firms • Parkinson v March Consulting Limited [1997] and health and education IRLR 308 authorities.” • Bell v Manchester City FC Legal 500 2011 • Sheffield City Council v Radford (2001) EAT unfair dismissal “Skilful and very well • Abbey National PLC v Sampson EAT (2001) thought of.” Disability Discrimination Legal 500 2011 • Notts County FC v Bolton Wanderers FC and S Allardyce (2001) (FA Hearings) Nigel Grundy is “a first- • Walton v Airtours PLC 2002 EWCA Civ 1659 class advocate, who offers (PHI Policy) refreshingly robust opinions” • Groves v AstraZeneca (EAT 2004 Disability and “can assimilate vast Discrimination) amounts of information very • Gregory v Wigan RLFC (2006) ET (Disability q u i c k l y.” Discrimination) Chambers & Partners 2011 • Royal & Sun Alliance Insurance Group PLC v Payne (age discrimination) “Nigel Grundy clients hail him • Cheshire & Wirral Partnership NHS Trust v as a star ‘One of the best you Abbott and Others [2006] IRLR 546 could hope to hear in court’, • Salford NHS PCT v Smith [2011] EQLR 1119 he is ‘a force to be reckoned with’ on restrictive covenants, discrimination and industrial disputes amongst others.” Chambers & Partners 2010
“Nigel Grundy is ‘one of the best speakers around’ and an ‘outstanding force to be reckoned with’; an advocate with an ‘impressive grasp of the details of a case’.” Chambers & Partners 2009
“Is a popular choice for local authority work” Legal 500 2008
“Nigel Grundy has a ‘good manner with clients’ and knows his way round a tribunal.” Chambers & Partners 2007
“Nigel Grundy has an excellent reputation in the field.” Legal 500 – 2006
EMPLOYMENT
Manchester M3 4DN T 0161 955 9000 F 0161 955 9001 [email protected] www.9sjs.com CARLO BREEN
YEAR OF CALL ASSOCIATIONS 1987 Middle Temple Employment Law Bar Association Employment Lawyers Association EDUCATION Member of the Institute of Arbitrators LLB (hons), admitted by the Supreme (FCIarb) Court of Queensland, Australia to practise as counsel. Called to the bar of Queensland, Australia. Admitted as a member of the barristers board of Queensland
“Offers straightforward advice SPECIALIST AREAS OF PRACTICE • The Police Federation in what can be complex and Employment & Trade Union Law • Various Universities in the North West and lengthy litigation.” Winner of the AI legal award for employment North East of England Legal 500 2015 barrister of the year (North West) 2015. • Various NHS Trusts and Foundation Trusts • Various Solicitors’ firms in the North West “He is excellent with clients PROFILE where discrimination claims are brought and provides straightforward Carlo Breen is one of the premier employment against them. advice.” barristers in the North West. Lauded by Legal • Various accountancy firms. Legal 500 2014 Directories for his intellectual and technical • Virgin Media abilities, clients have praised Carlo for his “very knowledgeable in the “excellent advocacy” and his “meticulous Carlo works tirelessly for his clients. He brings complicated area of equal grasp of complex cases”. Over many years a commercial and strategic perspective to case pay” Legal Directories, clients and Solicitors have management. He prides himself on being a Legal 500 2013 recognised Carlo’s superb “skill in cross- robust advocate. examination” and his bright and commercial “deals very thoroughly with “attitude” as well as his strong reputation as a Carlo Breen has been the only “Junior” complex cases” “formidable cross-examiner”. In addition he has Counsel in the North West to be instructed Legal 500 2012 been recognised for his ability to assimilate large by Councils and Local Authorities in multi- quantities of information and masterfully and party equal pay litigation. To this extent, he “Carlo Breen is a leading tactically execute a case management strategy. has advised Councils and Local Authorities junior on equal-pay work for Carlo achieves success through his interaction on the implementation of single status, the local authorities” with clients and his excellent advocacy skills. implementation of job evaluation schemes and Legal 500, 2011 He is known to be thoroughly prepared and to all aspects of equal pay and discrimination law. tenaciously execute his advocacy. He has conducted several genuine material “A very knowledgeable counsel factor defence hearings and equal value in the complicated area of Carlo has a wide experience of Tribunal hearings which have involved several thousand equal pay.” work including unfair dismissal and breach Claimants. He has also been instructed by the Legal 500, 2011 of contract applications, group redundancy Government, to advise on various cross-border applications and transfers of undertakings. equal pay issues involving Scotland, England “Carlo Breen has ‘a very He has conducted many high profile ‘whistle and Northern Ireland. In addition, he has constructive approach – he’s blowing’, disability, race, sex and maternity advised and/or represented: someone who pinpoints the rights cases. He regularly appears in the • Bury Metropolitan Borough Council relevant issues quickly’.” Employment Tribunal, the Employment Appeal • Trafford Metropolitan Borough Council Chambers & Partners 2010 Tribunal and the High Court. He has been • Preston Council regularly instructed by: • Flintshire County Council • Various Government Departments • Denbighshire County Council • Various FTSE 250 companies • Oldham County Council • Tesco PLC • Sedgefield Borough Council • ASDA PLC • Wrexham Borough Council • Sainsburys PLC • Knowsley Borough Council
EMPLOYMENT • Various Councils and Local Authorities throughout the United Kingdom Manchester M3 4DN • Various International Airlines T 0161 955 9000 • Various professional footballers F 0161 955 9001 • The Football Association [email protected] • Various Premier League Managers www.9sjs.com • Various Police Constabularies 2015 2015 “Carlo Breen is admired for In addition, Carlo Breen represented Knowsley discrimination law at Manchester University his ‘quick thinking and easy Borough Council in the first litigated case of its as part of its post-graduate programme. He manner’ which relaxes and kind in the United Kingdom, whereby it was is committed to providing the best possible reassures clients, witnesses alleged that the Local Authority White Book service for his clients whilst still maintaining a and solicitors alike.” Job Evaluation in 1987 could be displaced and personal and professional approach. Chambers & Partners 2009 as such was not a valid job evaluation study by reason of changes that had taken place Carlo has extensive experience in collective “Carlo Breen has an since 1987 to the jobs of various Claimants redundancies, unlawful deduction of wages impressive reputation and comparators within an equal pay context. claims, employee status claims, and whistle thanks to his knowledge Carlo Breen was successful in persuading the blowing litigation. He regularly appears on of TUPE, outsourcing and Employment Tribunal that the White Book Job behalf of various NHS Trusts, various well discrimination. Used to Evaluation could indeed be displaced resulting known supermarket chains, and various Local carrying out long, complex in the strike-out of a multitude of claims Authorities in such cases. He has recently work.” brought by various Claimants against the successfully represented a college in a whistle Chambers & Partners 2008 Council. This was a landmark decision. blowing claim valued at in excess of £700,000.
“Carlo Breen has a wide Furthermore, Carlo Breen is retained by a Carlo has particular expertise in age and practice which has involved multinational company to advise them in all disability discrimination claims. He has a good deal of equal pay and aspects of employment law. He has undertaken recently represented the CEO of a large, discrimination work.” a variety of high profile sex, race and disability multinational company in a landmark age Legal 500, 2008 discrimination cases for and against various discrimination claim, and was successful in Constabularies and NHS Trusts. securing the Claimant substantial damages.
Carlo Breen is generally regarded as the Carlo also has particular significant experience Leading Junior in the North West on complex in high value wrongful dismissals and bonus issues involving the Transfer of Undertakings disputes. He has represented companies and Regulations. He has been instructed by individuals in high value wrongful dismissal various PLCs on these issues and also various and bonus claims including those resulting in 7 multi-national companies, Trusts and Airport figure settlement sums. Authorities. He assisted in developing the law in the definition of what constitutes ‘an In the area of discrimination generally he is economic entity’ prior to the implementation of a specialist in all forms of discrimination, the 2006 Regulations and is retained by a well- and has been involved in a wide variety of known Bank to advise upon the implications discrimination claims throughout the UK. He of the Regulations in terms of redundancy is adept at dealing pragmatically with the wider and transfer in relation to several thousand commercial concerns and sensitivities that employees. these can create. He has acted for a number of NHS Trusts in high value discrimination claims He is approved by the Commission for and also a large proportion of Universities. He Racial Equality and the Equal Opportunities has recently been described by the HR Director Commission to act in discrimination cases. of one of his University clients as “a robust In addition he acted for numerous applicants and aggressive litigator, the go to barrister in in the Armed Forces pregnancy dismissal Manchester”. litigation, conducted by the Employment Tribunals across the United Kingdom in 1994 Carlo is currently instructed in: and 1995. • A genuine material factor defence equal pay hearing on behalf of a Local Authority, Carlo has also conducted several discrimination listed for 6 weeks, involving several thousand cases involving gender reassignment and Claimants with a value in excess of £57 transgender discrimination cases both pre and million. post-operative. • A 10 day disability discrimination/ constructive dismissal claim on behalf of a Carlo regularly advises on the interaction well-known University involving complex between the national minimum wage issues relating to reasonable adjustments. regulations and the working time regulations, • A 15 day hearing on behalf of a housing
EMPLOYMENT in terms of the calculation of pay and has been association where claims are made by various recently instructed by five local authorities to individuals in relation to the correctness of Manchester M3 4DN advise on these issues in relation to sleep in the organisation and where those individuals T 0161 955 9000 duties and the calculation of pay. have been dismissed. F 0161 955 9001 • A 5 day preliminary hearing to determine [email protected] Carlo Breen is a frequent speaker on the employment status of various agency www.9sjs.com employment law and has lectured in workers. • A 10 day claim relating to the implementation of single status job evaluation schemes and the implementation of new terms by a Local Authority. • A multi-day sexual harassment claim involving complex and serious allegations against the CEO of a large international company.
Carlo also chairs and conducts internal investigations as far as disciplinary matters are concerned and has recently conducted a detailed investigation into widespread harassment within the workplace.
Carlo Breen also undertakes a substantial amount of regulatory work for various banking institutions, doctors, dentists, accountants, and the general medical council.
NOTABLE CASES • Bunting v Hertel UK Services (2000) IRLR– identification of an economic entity (TUPE). • Pinncle v Cape Construction (2001) IRLR– definition of an economic entity. • Asda v Thompson (2004) IRLR– disclosure of anonymised witness statements. • Ayub v Oldham Metropolitan Borough Council (2005) IRLR– racial victimization. • Bewley v Walton Centre for Neurology and Neurosurgery (2008) IRLR – equal pay comparator issue, landmark decision. • Bury Metropolitan Council v Hamilton and Others (IRLR) – landmark equal pay claim. • Woodhouse v West North West Homes 2012 (IRLR) – landmark victimisation claim. • Kemp & de Cort v Wincanton Distribution, IRLR 2014 (unfair dismissal, tribunal substituting its own view).
PUBLIC ACCESS Carlo accepts Public Access in Employment and Regulatory areas.
EMPLOYMENT
Manchester M3 4DN T 0161 955 9000 F 0161 955 9001 [email protected] www.9sjs.com EDWARD MORGAN
YEAR OF CALL ASSOCIATIONS 1989, Lincoln’s Inn Member of the Canon Law Society of 2000 Northern Ireland Great Britain and Ireland Member of the Canon Law Society of EDUCATION America LLB (Hons) Law, University of Central Chancery Bar Association Lancashire; LLM (Employment & Employment Bar Association Industrial Relations), University of Leicester; JCL, Katholieke Universiteit, Leuven
“Covers a range of APPOINTMENTS the employment status of ministers of religion employment issues, such Fee Paid Employment Judge (2000) – Leeds and related Church-State Relations. as restrictive covenants, Region breaches of fiduciary duties Diocesan Judge [2006] He is regularly instructed to advise upon and shareholder disputes, and mediate in disputes concerning Church large-scale terms and SPECIALIST AREAS OF PRACTICE Structures, Charity Law compliance and issues conditions-related claims and Confidentiality and Data Protection of governance. discrimination cases. ‘His Canon Law ability to cope with concerned Directors’ Duties NOTABLE CASES clients and give them Employment • Bear Scotland Ltd & Ors v Fulton & Ors confidence is notable; he’s got Insolvency [2014] UKEAT (Working Time Regulations/ an air of gravitas.’” Public Law (Judicial Review and Statutory Calculation of holiday pay and overtime) Chambers & Partners 2016 Appeals) Regulatory Proceedings • Thorneycroft v NMC [2014] EWHC 1565 “His exceptional intellect and (Admin) (Duty of Regulatory Body in commercial awareness set PROFILE absence of registrant/hearsay evidence) him leagues apart from the Advocacy is undertaken in the Employment majority of the Bar.” Tribunal/High Court (including Northern • Beardwood Humanities College v Ham [2014] Legal 500 2015 Ireland) and within Disciplinary Proceedings UKEAT 0379 13 04040 (Misdirection of and extends to all claims within the Tribunal Tribunal on assessment of conduct for unfair “He is acutely intelligent and jurisdiction. Regularly appearing for NHS, local dismissal) a brilliant advocate who authorities and other public sector bodies. excels with clients – he is one • Qlog Ltd v O’Brien & Ors [2014] UKEAT 0301 of the best.” High Court litigation frequently involves 13 2103 (TUPE/Service Provision Change) Chambers & Partners 2015 employment related issues relating to director responsibilities; breach of fiduciary • Re St Peter’s Prestbury [2013] Chester Const. “Experienced in employment- duties and related restitutionary claims; Ct. (Threshold for Faculty Jurisdiction) related company and shareholder disputes; restrictive covenants; commercial matters.” confidentiality; passing off; and corporate and • Future Direction CIC v Unison [2013] EWHC Legal 500 2014 personal insolvency. Mediator and Arbitrator (Injunction against industrial action) appointments are also accepted in these areas. • Reddy v General Medical Council [2012] Extensive experience of all forms of EWCA Civ 310 (Appellate court powers on Employment Law (contentious and statutory time limits/ human rights) noncontentious) ranging from multiple claimant actions arising out of harmonisation • Marcroft v Heartland (Midlands) Ltd [2011] of terms and conditions in the Financial EWCA Civ 438 (Meaning of Assignment for Services Sector and discrimination claims the purposes of TUPE) within public services sectors to pre- emptive advice in connection with public
EMPLOYMENT sector procurement arrangements and the administration of occupational pension Manchester M3 4DN schemes. T 0161 955 9000 F 0161 955 9001 Drawing upon expertise in canon law, he has [email protected] cultivated a particular interest in issues of www.9sjs.com religious discrimination, freedom of expression 2014 2015 JOANNE WOODWARD
YEAR OF CALL 1989, Grays Inn
ASSOCIATIONS Employment Bar Association Employment Lawyers’ Association Northern Circuit Commercial Bar Association
“Has a great deal of APPOINTMENTS Constable of Cleveland. This case was listed over experience in the field of 2005 Fee Paid Employment Judge – Leeds 20 days and required Joanne to cross examine employment law and focuses region 25 witnesses. The Employment Tribunal upheld her work on complex or high- 2015 Deputy District Judge multiple complaints of race discrimination, profile discrimination and victimisation and public interest disclosure appeal issues. She is also noted PROFILE detriment. for her expertise in regulatory Joanne Woodward has 25 years experience or disciplinary matters. ‘She’s at the bar. She undertook a broad range of Joanne also has wide-ranging experience in unflappable under pressure, civil work before specialising in employment, the field of professional discipline, both acting she’s a tough cross-examiner discrimination and contract law, with a in and conducting disciplinary hearings in the of witnesses, and is technically particular emphasis on appellate and complex NHS and has appeared before the FA. She is on very capable.’” discrimination work. the GMC list of approved Counsel. Chambers & Partners 2016 She is ranked in Band 1 in Chambers & Joanne’s experience extends to civil claims “Appears both for and Partners, Employment Bar. where she is frequently instructed in injunctive against public bodies in proceedings in the High Court, high-value discrimination and TUPE She regularly appears against Leading Counsel contract claims and discrimination claims matters.” and has been involved in many high-profile outside the employment field. Legal 500 2015 claims involving individual and collective employment rights, representing both NOTABLE EMPLOYMENT CASES “Joanne Woodward is ‘widely employees and employers. • Saddique v Chief Constable of Cleveland Case experienced and very effective’ No:2501606/14 and represents both employees Joanne has had success in a numbers of claims and employers.” involving issues of statutory construction, • Kapenova v Department of Health [2013] Who’s Who Legal UK Bar 2015 including Selvarajan v Wilmot & Ors EqLR 188 [2008] IRLR 823 where the Court of Appeal “She is extremely cool under overturned a line of EAT authorities and • Eddie Stobart Ltd v J Moreman & ors [2012] pressure – you will never see Clearsprings Management Ltd v Anker & ors IRLR 356 her flustered; she is a smart UKEAT/0054/08. operator who is also smooth.” • Pub Punch Co Ltd v O’Neill UKEAT/0287/09 “She is very sharp and very She has a wealth of experience in good. She is very quick to get Discrimination, TUPE and Public Interest • Clearsprings Management Ltd v Anker & ors to the point.” Disclosure claims and has acted for and against UKEAT/0054/08 Chambers & Partners 2015 a number of public institutions including National Health Trust Hospitals throughout the • Selvarajan v Wilmot & Ors [2008] LRLR 823 country, Local Authorities, Higher Education institutions, HM Prison Service, the Post Office • D & H Travel Ltd v Foster [2006] ICR 1537 and the MOD. • Kirton v Tetrosyl ([2003] IRLR 350 CA), 23rd Joanne successfully defended the UK August 2002, EAT
EMPLOYMENT Departments of Heath in a high profile discrimination claim brought by a medical Manchester M3 4DN student involving issues relating to freedom of T 0161 955 9000 movement across the EEA. F 0161 955 9001 [email protected] Joanne recently represented the successful www.9sjs.com claimant in the case of Saddique v Chief 2015 JOANNE CONNOLLY
YEAR OF CALL ASSOCIATIONS 1992, Middle Temple Employment Lawyers Association
EDUCATION LLB (Hons), Nottingham University
AWARDS & SCHOLARSHIPS Inns of Court Studentship Jules Thorn Scholarship
“Receives instructions from SPECIALIST AREAS OF PRACTICE • Regina v Azmy [1996] 7 Med LR 415 – acting both public and private clients Exclusively employment law and employment- on behalf of an NHS trust where the issue was in matters ranging from related disputes whether in the Tribunal, the entitlement of a defendant in a criminal standard cases of redundancy County Court or High Court. trial to a complainant’s medical records or unfair dismissal to complex equal pay, working time, APPOINTMENTS • Staffordshire County Council v Barber [1996] TUPE and discrimination Fee Paid Employment Judge, Midlands West ICR 379, CA – listed together with Biggs v work. ‘She’s readily accessible, region 2010 Somerset County Council, res judicata and easy to work with and time limits in Tribunal claims brought under puts clients’ needs first.’ PROFILE EC law ‘Intelligence, great advocacy Joanne has been named by Chambers & and great client skills – she Partners in the top band of employment law • UNISON and others v RCO Support Services has all three.’” barristers for a number of years. She is pleased & others [2002] EWCA Civ 464 – whether the Chambers & Partners 2016 to act for both employers and employees, transfer of undertakings regulations applied for the public sector and the private sector to contracting out in the service industry “Experienced in complex and for in-house solicitors as well as those disability discrimination in private practice. Her work incorporates • Batty v BSB [2002] EWCA Civ 648 – cases.” employment disputes in all areas including the employment contract dispute re the right to Legal 500 2015 NHS, education, banking, local government, withhold salary from a senior executive the police and the legal profession as well as in “Joanne Connolly is the business generally. She regularly handles cases • Kirton v Tetrosyl [2003] EWCA Civ 619 – “go-to” junior for disability where there is a great deal at stake whether in whether a condition caused by the surgical discrimination claims.” terms of compensation, number of employees treatment for cancer could amount to a Who’s Who Legal UK Bar 2015 affected or publicity. Her practice focuses on disability within the meaning of the DDA the higher-value, more complex, sensitive 1995 “She is an excellent and or multi-week discrimination, transfer of experienced advocate who is undertakings, whistle-blowing and working • North Wales Probation Area v Edwards clever and approachable. She time claims but also includes unfair dismissal UKEAT/0468/07 – employment status of also has excellent client skills.” and redundancy claims. She is experienced sessional workers Chambers & Partners 2015 at both first instance and appellate level. She also has substantial experience of acting as a • Patel v Oldham MBC & the Governors of “Experienced in disability representative in mediations. Rushcroft Primary School [2010] IRLR 280 discrimination claims.” – whether the effects of two consecutive, Legal 500 2014 CAREER connected conditions could be aggregated LLB (Nottingham). Called to the Bar in 1992. for the purpose of determining whether a Awarded Middle Temple Major Studentship / condition was long term within the meaning Scholarship and Jules Thorn scholarship. of the DDA 1995
PROFESSIONAL MEMBERSHIPS The Employment Lawyers Association
EMPLOYMENT CASES Manchester M3 4DN • Mediguard v Thame [1994] IRLR 504, EAT – T 0161 955 9000 whether compensation for unfair dismissal F 0161 955 9001 was pay within Article 119 of the Treaty of [email protected] Rome www.9sjs.com 2014 2015 “Acts for a broad range of • Marcroft v Heartland (Midlands) Ltd [2011] clients, both employers and EWCA Civ 438 – the application of TUPE to employees, from both the an employee who was working out his notice public and private sectors. She and was unaware of the details of the transfer practises across the full gamut or his right to object. of employment disputes, including discrimination, whistle-blowing and equal pay claims. Expertise: ‘She is exceptionally bright and very tenacious. She is great at getting her point across and clients like her – which helps. She is one of the strongest juniors on circuit.’” Chambers & Partners 2014
“clever, personable and good to work with” Legal 500 2013
“Joanne Connolly is another impressive junior at the set who ‘ticks all the boxes,’ and has ‘a brilliant mind.’ She has the ‘ability to put a client at ease straight away,’ and tackles a comprehensive employment practice. Disability discrimination cases are a particular forte for her.” Chambers & Partners 2013
“Joanne Connolly attracts consistent praise for her ‘excellent attention to detail and down-to-earth advice.’ She dedicates her practice solely to employment law issues, from redundancy claims to working time and whistle-blowing matters.” Chambers & Partners 2012
“Recommended.” Legal 500 2011
EMPLOYMENT
Manchester M3 4DN T 0161 955 9000 F 0161 955 9001 [email protected] www.9sjs.com DR ANTHONY HOWARD
YEAR OF CALL ASSOCIATIONS 1992, Inner Temple Personal Injury Bar Association; Employment Lawyers’ Association; EDUCATION Professional Negligence Bar Association; LLB (Hons), Lancaster University Discrimination Law Association; Industrial Law Society and LAG AWARDS & SCHOLARSHIPS Duke of Edinburgh Entrance Scholar, Inner Temple
SPECIALIST AREAS OF PRACTICE was responsible for the harmonisation of the Personal Injury law employment policies following the BNP Paribas Clinical Negligence merger. Collective and Individual Employment Law Dr Howard is known for his common-sense, PROFILE down to earth and approachable style which Dr Howard practises extensively in has always been favourably received by employment law as well as advising a wide- Solicitors and clients alike. range of regulatory bodies. He has signifi cant experience of Tribunal and Employment SEMINARS Appeals Tribunal work, including group Anthony is regularly called upon to lecture in redundancy applications, discrimination & all his fi elds of specialism and this has recently harassment, unfair dismissal and restraint of included topics such as equal pay claims. He trade injunctions. has also lectured at Manchester University as part of their Employment Law post-graduate He has a particular interest and expertise in all programme. areas of discrimination work, which has led to number of high profi le cases including cases brought against Greater Manchester Police and Traff ord Borough Council.
Dr Howard has acted for large number of trades union and large commercial organisations such as the Cathy Pacifi c and HSBC. Further, Dr Howard has acted for a number of Police Authorities and Local Government organisations.
Dr Howard’s employment law specialism led him to spend a year on secondment working for Johnson, Stokes and Master in Hong Kong, the largest Solicitor’s fi rm in Asia. His work in Asia focussed on providing legal advice to several international banks and airline companies on discrimination law, whilst he gained a unique insight into the challenges and demands made on Solicitors which is of great benefi t to those who instruct him.
Dr Howard has been recommended by the EMPLOYMENT Legal 500 for his knowledge of employment law, reliability and willingness to get on with clients. Manchester M3 4DN Further, whilst in Hong Kong he was involved T 0161 955 9000 in writing updates for CCH Employment Law. F 0161 955 9001 Dr Howard has experience of taking a leading [email protected] role in advising on transactional matters for www.9sjs.com international organisations, for example, he
NINE ST JOHN CV EMP.indd 2 14/01/2011 12:42 RACHEL WEDDERSPOON
YEAR OF CALL ASSOCIATIONS 1993, Middle Temple Employment Law Bar Association Employment Lawyers Association EDUCATION Industrial Law Society LLB (Hons), Manchester University Member of Executive Committee ILS Member of ELA North West Steering Group
“Handles complex cases SPECIALIST AREAS OF PRACTICE definition of harassment pursuant to section of whistleblowing or Employment Law 26 of the Equality Act 2010 discrimination on behalf of • Haydar v Pennine Acute Hospitals NHS Trust police forces, health trusts APPOINTMENTS Manchester ET 2014 – 6 week hearing-public and local authorities. ‘You’ll Fee Paid Employment Judge interest disclosure detriment and dismissal, get 100% commitment; she’s Fee Paid First Tier Immigration Judge race discrimination and part-time workers not afraid to commit for the claims client and protect them from AREAS OF PRACTICE • Bakhir v Pennine Acute Hospitals NHS Trust negative feedback and that Constructive, Unfair and Wrongful Dismissal Manchester ET 2014 – 12 day religious makes the client feel safe.’” Discrimination discrimination, victimisation and public Chambers & Partners 2016 Public Interest Disclosure interest disclosure detriment and dismissal Maternity and Paternity Rights • Doelekar v Pennine Acute Hospitals NHS Trust “Her discrimination law Equal Pay Manchester ET 2014 – 8 day hearing-public knowledge is second to none.” European Employment Directives interest detriment and dismissal claim Legal 500 2015 Employee Rights on Transfer of Undertakings • Di Marco v Barchesterhealthcare Liverpool TUPE ET 2014 – multi day disability discrimination “Rachel Wedderspoon advises Restrictive Covenants and public interest disclosure detriment and and represents individuals, Working Time dismissal local authorities, NHS trusts, • Labinjo v University of Salford Manchester police authorities, companies PROFILE County Court – alleged breach of a and trade unions. She is Rachel Wedderspoon has been appointed a Fee compromise agreement praised for her ‘astute legal Paid Employment Judge sitting part-time in m i n d ’ .” the Leeds Region. She has acted for employers Rachel Wedderspoon has provided training Who’s Who Legal UK Bar 2015 and employees in a variety of cases in the to local authorities, Chartered Institute of Tribunals, County Court, High Court and the Personnel and Development and solicitors’ “She is very responsive, and Employment Appeal Tribunal. She is listed as firms and provided seminars to the Liverpool very good with clients.” “She a leading junior in the employment field in Law Society and Manchester Law Society. is an extremely personable, Chambers and Partners directory of the Legal Recently she has provided a lecture on an thorough barrister who Profession and Legal 500. She has advised update of Employment Law issues; Disability establishes good relationships and represented individual Claimants, local Discrimination case law update; and Migrant with clients and has excellent authorities, NHS Trusts, police authorities, a Workers and Employment Tribunal Fees and advocacy skills.” number of well known companies and Trade Employment Tribunal Rules 2014. Chambers & Partners 2015 Unions in employment matters. She has been instructed on a range of industrial relations PUBLICATIONS “She has notable breadth problems including multi party disputes Contributor to the Sweet & Maxwell of expertise in all aspects of concerning protective awards and whistle Encyclopaedia of Employment Law. employment law.” blowing claims. She has also been involved in Legal 500 2014 cases concerning restraint of trade covenants, Transfer of Undertakings and the interpretation of contractual terms.
EMPLOYMENT CASES Manchester M3 4DN • Betsi Cadwaladr University Local Health T 0161 955 9000 Board v Hughes (EAT 0179/13/2802) The F 0161 955 9001 President of the Employment Appeal [email protected] Tribunal Mr. Justice Langstaff re-iterates the www.9sjs.com 2015 KIRSTEN BARRY
YEAR OF CALL 1993, Lincoln’s Inn
EDUCATION LLB (Hons) Sheffield University
ASSOCIATIONS Employment Lawyer’s Association Personal Injury Bar Association
“Her expertise spans SPECIALIST AREAS OF PRACTICE Kirsten enjoys good working relationships redundancy, disability Employment Law with all of her instructing solicitors and will discrimination and always go the extra mile, whether that is a constructive dismissal, among AREAS OF PRACTICE quick turnaround of an advice or dealing with other areas.” Kirsten has a wide-ranging employment an urgent out of hours query. She believes that Legal 500 2015 practice, acting for both Claimants and a strong collaborative approach to litigation Respondents and appearing in tribunals between barrister and solicitor can make a real “Strong in all areas of her nationwide. She advises on everything from difference to the outcome of a case. broad practice.” redundancy to whistleblowing and has Legal 500 2014 amassed a great deal of experience in disability Kirsten has been recognised in the Legal 500 discrimination and constructive dismissal for her employment work for a number of “Has a broad employment cases in particular. Kirsten also represented years. practice which covers the full the Claimants in the Glasgow ET in the gamut of disputes, although landmark holiday pay claim, Bear Scotland v she is particularly well known Fulton & Baxter (EATS/0047/13/B1), which was for her considerable expertise unsuccessfully appealed by the Respondent. in disability discrimination, and sexual harassment Kirsten has represented a wide rage of clients claims. including New Look, Primark, Barclays, HSBC Expertise: ‘She is very and British Airways. She regularly represents responsive and the clients a number of utility companies and local really like her. She is very authorities and has advised both football clubs good at marshalling evidence and their coaching and managerial staff. and she’s got a very good grasp of the relevant issues.’” She advises clients on a direct-access basis on Chambers & Partners 2014 an almost weekly basis and provides advice to both shop floor workers and senior executives “Kirsten Barry brings a ‘fair on a range of employment issues. In addition, and measured’ approach Kirsten has represented clients in internal to a variety of complex disciplinary matters and appeal hearings. employment cases. She proves particularly good on Kirsten is known for her friendly and down to constructive dismissal and earth manner. She provides clear, robust advice, redundancy issues.” yet always remains sensitive to the situation Chambers & Partners 2013 and the particular needs of her client. She is an obvious choice for difficult cases and has been commended by judges on many occasions for her handling of some particularly sensitive matters.
EMPLOYMENT
Manchester M3 4DN T 0161 955 9000 F 0161 955 9001 [email protected] www.9sjs.com 2014 2015 JAMES HURD
YEAR OF CALL APPOINTMENTS 1994 Gray’s Inn Junior Counsel to the Crown (Regional Panel) – appointed 2007 and re- EDUCATION appointed 2010 LLB (Hons) University of Birmingham Legal Assessor to the Health and Care Professionals Council (2010)
“He does not give up easily, ASSOCIATIONS • Acted for Respondent in a multi-day and demonstrates unflagging Employment Law Bar Association; Association disability discrimination claim brought by enthusiasm throughout the of Regulatory & Disciplinary Lawyers James is a Work Psychologist who felt unable to deal c a s e .” described as a Leading Junior on the Northern with clients with mental health issues, Legal 500 2015 Circuit, in the Legal 500, for employment work. • Represented a senior management team “Knowledgeable, practical PROFILE in a TUPE case, claiming unfair dismissal and helpful” James mainly undertakes Respondent work, and protective awards for failure to inform/ Legal 500 2014 with a small amount of Claimant work. He has consult in an insolvency situation, considerable expertise in dealing with complex “works very hard, and relishes discrimination and whistle-blowing ET cases, • Acted for police officer Claimant in a a good challenge” especially in the public sector (including transgender discrimination claim, Legal 500 2013 Government Legal Service work representing e.g. HMRC, the Ministry of Justice and the • James regularly deals with disability claims “a very good grasp of complex Department of Work and Pensions). James also arising out of ill health of employees and factual and legal issues” represents local authorities, and acts for a range the application of managing attendance Legal 500 2012 of private sector employment clients. procedures and the duty to make reasonable adjustments, James regularly advises clients, both in conference and in writing, and participates • He also has experience in dealing with in joint settlement meetings and judicial disability harassment claims. Some examples mediations. include cases involve Claimants with alcoholism/stress, severe dust/latex allergies, REPORTED CASES personality disorder/mental health problems, • Amicus & Others v Beloit Walmsley Limited Asperger Syndrome, epilepsy and Hereditary & Others EAT (2003) ICR 1396 dealing with Hemorrhagic Telangiectasia insolvency and protective awards in collective redundancy situations. • Sex discrimination and family friendly policies – James has acted for a number Some representative examples of James’s of clients in relation to indirect sex employment practice include: discrimination/Flexible Working Applications, including issues flexible rotas • Instructed by a local authority in a 10 day and child care arrangements, part time ET whistle blowing claim brought by former employment and returning to work post head teacher, maternity on fixed hours/shift patterns.
• Acted for a local authority in a 23 day • Breach of contract/wrongful dismissal – ET claim by deaf employee for disability county court claims including non payment discrimination, of bonuses and also the wrongful dismissal of a head teacher, dismissed for gross
EMPLOYMENT • Acted for Respondent in a 10 day ET misconduct, claim for unfair dismissal and disability Manchester M3 4DN discrimination by a former employee (a • Acted for Ministry of Justice in Equality Act T 0161 955 9000 litigant in person), with serious mental health claim brought by high profile prisoner. F 0161 955 9001 problems, [email protected] www.9sjs.com Additionally, James frequently advises clients on issues that span both employment and personal injury law, such as claims for psychiatric injury in the workplace, stress at work and bullying/harassment claims pursuant to the Harassment Act 1997.
As an accredited public access barrister, James is able to accept advice and advocacy work directly from individuals or businesses through the Public Access Scheme, and is happy to discuss fixed fee or retainer rates for such work.
James also has significant experience in the field of professional discipline, particularly in the healthcare sector. He also sits as a Legal Assessor with the Heath & Care Professions Council (HCPC).
OTHER SERVICES As part of a continuing commitment to building and enhancing client relationships, James regularly gives training seminars to clients in employment law/tactics and updates them on legal developments. He is happy to devise bespoke training, tailored to clients’ requirements, to deliver at their businesses.
PERSONAL INTERESTS His outside interests include creative writing, music, football, classic cars and motorcycles, cinema, and travel. James’s debut novel, A Bold Deceiver, which is set in Manchester in the 1990s, was published in August 2008. For further details, visit http://www.abolddeceiver. co.uk
EMPLOYMENT
Manchester M3 4DN T 0161 955 9000 F 0161 955 9001 [email protected] www.9sjs.com 2015 STEFAN BROCHWICZ-LEWINSKI
YEAR OF CALL ASSOCIATIONS 1995, Gray’s Inn Employment Lawyers Association Northern Circuit Commercial Bar EDUCATION Association Stockport Grammar School LLB (Hons), Bristol University Demi Licence en Droit, Universite de Caen, France Wilfred Getz Scholar (Gray’s Inn)
“Covers the full breadth of SPECIALIST AREAS OF PRACTICE • Gibbons & others v JJB Sports plc – Equal employment law issues and is Employment Law value proceedings including issues as to the instructed at all levels from Commercial Litigation adequacy of Joint Evaluation Studies. the Employment Tribunal • Slaven v University of South Manchester NHS to the Court of Appeal. He PROFILE Trust – equal value proceedings turning on handles cases ranging from Stefan has specialised in employment law for the proper application of the Agenda for discrimination to cases over 15 years. He has long been identified in Change job evaluation process. relating to pensions and is legal directories as a leader in his field, and is also noted for his expertise in ranked by Chambers & Partners in the top five Restrictive Covenants/Employee Competition industrial relations matters. employment juniors in the Northern region. • Basic Solutions v Robert Sands – Restrictive ‘His paperwork is good, he’s covenant injunctive proceedings in the good with clients and his Stefan specialises in all aspects of employment High Court (Eady J) in which it was held advocacy is strong.’ ‘Clients law, with particular experience of: complex that: 12 months was too long a period of feel very comfortable with discrimination and equal pay claims; restrictive restriction to be enforceable; the balance him; he’s incredibly friendly covenants and employment injunctions; TUPE of convenience favoured the ex-employee and he has a very commercial (transfer of undertakings); protective awards; where he stood to suffer clear provable loss outlook.’” unfair and wrongful dismissal; pension rights; compared to the speculative loss claimed by Chambers & Partners 2016 whistleblowing and protected disclosures; his ex-employer; the public interest benefit trade union recognition and industrial action; of the manufactured product involved “He has excellent fact breaches of confidence; commercial agencies; was a relevant factor when considering management skills, and is well deductions from wages. His clients range from competition; the fact that the employee prepared.” individual employees to high profile sports produced a product after his employment Legal 500 2015 personalities to established plcs and public with the same function as that produced bodies. His commercial litigation experience during his employment did not lead “He is excellent – totally provides an added dimension when dealing necessarily to the inference that the products prepared at all times and good with cases involving company/director/ were the same or he had used confidential with clients.” shareholder issues. information. Chambers & Partners 2015 • Oscar Associates v Circle Recruitment – High Stefan combines renowned legal analysis and Court proceedings between recruitment “Delivers precise and courtroom skills with clear and commercial companies arising from breach of covenants commercially minded advice.” advice. He appears in all courts from first and “employee-poaching”. Legal 500 2014 instance to appellate level, including in the • Walker Fire v Jackson Fire & M Grocott – High Court in high value cases, restrictive Emergency injunctive proceedings to restrain covenant proceedings and industrial action breach of employment covenants and use of disputes. confidential information. • Building Careers v Halliwell & Dedco Specialist areas with cases of interest include: Recruitment – Restrictive covenant Equal Pay proceedings in the High Court including • Copple & others v Littlewoods – Long-running emergency injunction. litigation, representing the Respondent
EMPLOYMENT company in multi-million pound proceedings over pension rights brought by several Manchester M3 4DN hundred Claimants. Multiple hearings both T 0161 955 9000 at first instance and on appeal, most recently F 0161 955 9001 in the Court of Appeal on issues of causation [email protected] and remedy under European and domestic www.9sjs.com equal pay law: [2012] IRLR 121. 2015 “Has a client-friendly • Bromak v McKinnel – High court proceedings • Dayal v (nationally renowned financial approach and can draw on for breach of restrictive covenants and advisers) – high value discrimination case his commercial litigation misuse of confidential information within the brought by a London financial adviser. experience when dealing recruitment sector. • Khatoon v Pennine Acute NHS Trust – race/ with high-profile claims. He • Advanced Training Recruitment Ltd v Lunn & religious discrimination case challenging is praised by his peers for his KPI Recruiting Ltd – High Court proceedings work clothing requirements in the NHS. tenacious and intellectual for breach of restrictive covenants where approach to complex cases. the issue turned on whether the injunction Trade Union law and Industrial Action Expertise: ‘He is clear, precise, should go beyond the undertakings offered. • Robert McBride Ltd v GMB – taking and gets to the bottom of a • [A Formula One Team] v X – Advising on the injunctive proceedings to restrain strike case very quickly.’” enforcement of a long, fixed term contract action. Chambers & Partners 2014 to restrain a vital employee from moving to • Unite the Union v A Company – acting for a rival team – on Sunrise Brokers v Rodgers a major retailer in proceedings concerning “quick-thinking and common- principles. trade union recognition under s178 Trade sense approach” • [Premier League Rugby Team] v X – Acting Union & Labour Relations (Consolidation) Legal 500 2013 in High Court proceedings for breach of Act 1992 for the purposes of TUPE. Union contract and restrictive covenants brought claim struck out. “Stefan Brochwicz-Lewinski by an English Premier League Rugby team has ‘got it all,’ and is a ‘robust against its departing coach. Transfer of Undertakings advocate’ who is ‘great with • [National power and electrical engineering • Thorburn & 29 others v GM Rail Services Ltd clients.’ He recently appeared company] v X – High Court proceedings to & others – claims for protective awards and before the Court of Appeal, restrain a high level employee within the other payments following various service representing Littlewoods in a electrical power engineering sector from provision changes. high-value equal pay case.” leaving his employer and setting up a rival • S mith & others v Tameside MBC & Live Chambers & Partners 2013 business. Nation (Venues) UK Ltd – acting for Tameside MBC in claims involving a dispute between “Recommended.” Unfair Dismissal Respondents as to whether there was a TUPE Legal 500 2012 • Garside & Laycock Ltd v Booth – acting on transfer of staff upon closure of a theatre. appeal in a case of dismissal for refusal to • Inex Home Improvements v Hodkins & others “Stefan Brochwicz-Lewinski accept a pay cut – submissions described – appeal (EAT) case concerning whether a was also praised for his as “eloquent, cogent and persuasive” by standard lay off clause in the construction ‘exceptional breadth of Langstaff J in the Employment Appeal industry served to exclude the operation of knowledge and robust Tribunal ([2011] IRLR 735, para 27). the TUPE Regs. attitude’.” • Various cases v Barclays Bank plc – acting Chambers & Partners 2010 for Barclays Bank in a suite of separate Whistleblowing, Protected Disclosures cases in which summary dismissals during • Jafri v Lincoln College [2014] IRLR 544 – “The ‘excellent’ Stefan redundancy consultation periods were found (Court of Appeal) whistleblowing claim Brochwicz-Lewinski handles a to be fair. concerning claimed acts of whistleblowing wide range of matters for the • Sloane & 20 others v TVR Engineering Ltd – with a prison educational environment. Treasury Panel” multiple redundancy litigation. • Quinn v Talar Made Ltd – whistleblowing Legal 500 2011 • M ultiple cases for large organisations in the claim including ET proceedings for interim retail sector, banking, manufacturing, health injunctive relief. “Friendly, methodical and sector, and public employers. • Constable v Secretary of State for Work & puts clients at ease.” Pensions – claim of unfair dismissal as a result Legal 500 2011 Discrimination of a protected disclosure which included a • Banks v HM Revenue & Customs – significant successful appeal against the Employment Stefan Brochwicz-Lewinski is disability discrimination claim resulting in Tribunal’s refusal to order further particulars respected for his “industrious, costs in favour of the Respondent. (UKEAT/0156/10). determined and quietly • Dr V v Pennine Acute NHS Trust – high value • Poland v NW Ambulance Service NHS Trust assertive manner” race discrimination proceedings concerning a – Whistleblowing and discrimination claim Chambers & Partners 2011 specialist consultant doctor. arising from internal procedures. • Nijhar v University of Ulster – religious and political discrimination proceedings in the Employment Tribunal Procedure/Costs Fair Employment Tribunal in Belfast. • Jafri v Lincoln College [2014] IRLR • Williams v Central Manchester University 544 – Court of Appeal proceedings in a
EMPLOYMENT Hospitals NHS Trust – high profile whistleblowing claim – now the leading proceedings involving alleged anti-semitism. recent authority on the principles of the Manchester M3 4DN • Green v Walker Sime – sex discrimination remission of cases following appeal. T 0161 955 9000 claim in which maternity leave was found not • Murray v Standard Life – Employment F 0161 955 9001 to have resulted in the Claimant’s selection Appeal Tribunal proceedings concerning [email protected] for redundancy. when a claim should be struck out for failure www.9sjs.com to comply with earlier orders of the Tribunal. “Stefan Brochwicz-Lewinski • Hibbett v Beauty Source Ltd t/a St Tropez – ‘ticks all the boxes.’ Not only indemnity costs against a Respondent whose is he ‘a tenacious advocate defence of unfair dismissal proceedings was and a hard negotiator,’ he also found to be unreasonable. demonstrates ‘excellent client • Parkin v Colourscape – costs award in care skills’.” sex discrimination proceedings against Chambers & Partners 2012 a Respondent found to have relied unreasonably on a jurisdictional defence, “Stefan Brochwicz-Lewinski upheld by the EAT. is considered to be ‘very • N olan v Property Growth Dynamics Ltd – supportive’ by clients; costs award against a Claimant found to have interviewees praised him as invented allegations of sex discrimination. ‘technically excellent and tenacious’.” ADDITIONAL INFORMATION Chambers & Partners 2009 Stefan conducts seminars and lectures for HR professionals and solicitors. He qualified “Brings a commercial edge to to teach advocacy for the National Institute employment law, especially of Trial Advocacy. He enjoys singing and multi party pension litigation” mountain biking in his spare time. Legal 500 2008
“assertive and confident style” Chambers & Partners 2007
“‘Client-friendly’ Stefan Brochwicz-Lewinski has moved from being a promising junior at an early call to an established authority of formidable talent.” Legal 500, 2006/07
“He garnered praise for ‘infusing clients with confidence’, a natural consequence of his ‘assured a b i l i t y ’ .” Chambers & Partners 2006
“Talented Stefan Brochwicz- Lewinski continues to impress.” Legal 500 – 2005/06
“ ‘Feisty’ Stefan Brochwicz- Lewinski is held in high esteem by clients.” Chambers & Partners 2005
EMPLOYMENT
Manchester M3 4DN T 0161 955 9000 F 0161 955 9001 [email protected] www.9sjs.com BRIAN McCLUGGAGE
YEAR OF CALL ASSOCIATIONS 1995, Middle Temple Employment Lawyers Association Personal Injury Bar Association DEGREE & EDUCATION British Insurance Lawyers Association MA (Hons) Law, Cambridge University LLM, University of Toronto Middle Temple Fox Scholar
“Often instructed by high- APPOINTMENTS • Technical issues such as estoppel/abuse of profile businesses and Fee paid Employment Judge (appointed 2010) process, private international law issues, time government departments Junior counsel to the Crown (Provincial) – points. to handle long, large-scale, “Treasury Counsel” (appointed 2002) or complex matters. He has Amongst many other EAT and tribunal cases, considerable experience in PROFILE recent interesting instructions include: work such as constructive Brian McCluggage has a strong tribunal dismissal, disability based practice, with a particular emphasis on • B v. House of Commons Commission (2011) discrimination, restrictive disability discrimination law. and continuing: acting on behalf of House covenants, and abuse of of Commons in a whistle-blowing case process.” His bulk of his instructions are on behalf involving a barrister working internally Chambers & Partners 2016 of government departments and ‘blue chip’ within the Commons. companies, though he is just as pleased to act “He’s a favourite because he on behalf of SME’s and for claimants. He is • Baker v. Totesport (2010): acting on behalf gets results.” mainly instructed in high value or ‘difficult’ of the Tote at ET in successfully defending Chambers & Partners 2015 cases and is adept at dealing with voluminous £500k DDA claim brought by senior documentation and lengthy hearings. manager. “Has extensive experience in handling disability He has often advised and acted for solicitors • Johnson v. Lord Chancellor’s Advisory discrimination matters and firms with regard to their own internal Committee (2009): defending disability regularly advises law firms employment affairs. discrimination claim brought by prospective in relation to employment magistrate. issues.” He is an accomplished advocate, with particular Chambers & Partners 2014 skill in cross-examination of both lay and • Phillips v. HMRC (2009): defending disability expert witnesses. discrimination claim brought by solicitor “One commentator calls applying to Government Legal Service. Brian McCluggage ‘one of Particular experience includes: the very best senior juniors’ • Cummings & ors v. Ministry of Justice in the North. Praised for his • Di sability Discrimination cases. Mr. (2009): defending Prison Service in civil ‘fantastic communication McCluggage has substantial expertise in claims brought by convicted murderers skills,’ he mainly acts for this field and his experience of high value and terrorists in respect of alleged religious government departments and personal injury work means that he is discrimination concerning prayer in cells. corporate clients.” conversant with medical issues and evidence. Chambers & Partners 2013 • S v. Credit Agricole (2008): High court • H e has significant experience opposing wrongful dismissal proceedings on behalf of litigants-in-person at court and tribunal, City banker asserting £500,000 bonus. where he is known to be firm but fair, whilst ensuring that clients’ interests are properly • Sharma v. Manchester City Council [2008] protected. IRLR 336, [2008] ICR 623 (EAT): PTW discrimination.
EMPLOYMENT • C onstructive dismissal cases.
Manchester M3 4DN • Di scrimination cases in the civil courts e.g. T 0161 955 9000 provision of goods and services. F 0161 955 9001 [email protected] • R estrictive Covenant/wrongful dismissal www.9sjs.com cases in the civil courts. 2012 “…one of the best juniors in • Westwood v. Employment Tribunal Service Manchester” (2007): ET: acting for Employment Tribunal Legal 500 2012 Service in 2 week high-value disability discrimination case brought by tribunal clerk. “The ‘absolutely superb’ Brian McCluggage has established • Monk v. Body Creation (2006) Preston a thriving employment County Court: successful case on behalf law practice alongside his of disabled teenager (supported by DRC) personal injury work. His against tattoo parlour that refused to provide recent efforts include Keith services. Baker v Totesport, where he successfully defended • Khan v. Heywood & Middleton NHS Trust bookmakers against a [2007] ICR 24 (Court of Appeal) [2006] IRLR £500,000 DDA claim brought 345 (EAT): leading procedural employment by a senior manager.” case on question whether a claimant can Chambers & Partners 2012 recommence withdrawn proceedings.
• Cavendish v. Stagecoach plc. (2003 to 2005): ET and EAT: defending proceedings against litigant-in-person making serious allegations of corruption against witnesses, judges and legal representatives.
• TGWU & others v. Manchester Airport plc (2004): ET and EAT: on behalf of the respondent in unfair dismissal and s.188 collective redundancy proceedings following reorganisation of security service at the airport following 9/11.
EMPLOYMENT
Manchester M3 4DN T 0161 955 9000 F 0161 955 9001 [email protected] www.9sjs.com DAVID CALVERT
YEAR OF CALL ASSOCIATIONS 1995 Northern Circuit Personal Injury Bar Association EDUCATION MA (Hons) St. Catherine’s College, Oxford Duke of Edinburgh Scholarship for Bar Finals
PROFILE examination of witnesses. He has extensive Born and brought up in Carlisle, David has experience of appearing in and advising in nearly 20 years of experience in employment respect of matters in the Employment Appeal work which has covered appearances and Tribunal advisory work in both the English and Scottish tribunals. He accepts work direct from litigants under the Public Access Scheme. He has a particular interest in unfair dismissal and discrimination work and regularly accepts When time permits David enjoys travelling, claims where damages are pleaded in excess of socialising and supporting the mighty, but not £100,000. His clients have ranged from private hugely successful, Carlisle United. individuals, trade unions, local government employees, teachers, public limited companies REPORTED CASES to senior executives. • Matinpour v Rotherham MBC (2011) UKEAT/0406/11/2811 He is also frequently instructed to defend the Correct test under the DDA interests of local authorities and has done so with some success for over 10 years. • Beardshall v Rotherham MBC and others (2012) UKEAT/0073/12/ZT Recent examples of cases include: Consideration of the circumstances as to when a tribunal can adjourn faced with an ill • C laim by senior executive against FTSE non attending Claimant company which settled circa £85,000 • Thompson v Rotherham MBC (2012) • D efending and advising a local authority UKEAT/0350/12/ZT on numerous claims brought by a teacher Refusal of the Claimants appeal – David pleaded in excess of £500,000 represented the Respondents whose paper submissions were preferred. • D efending and advising a local authority on a claim of race discrimination where • Matinpour v Rotherham MBC (No2) (2013) the Claimant alleged that the authority was UKEAT/0537/12/RN institutionally racist. The Claimant lost in Successfully argued, on cross appeal and circumstances that he was ordered to pay the before the President, that an ET’s judgment Respondents costs. was ultra vires. Also consideration of First West Yorkshire v Haigh • D efending and advising a local authority on a unfair dismissal/disability discrimination • Turner v Turner (reported Current Law claim where the claimant was found to have 05/1304) deliberately doctored evidence such that she Application of the Human Rights Act 1998 was ordered to pay the Respondents costs. on the Sex Discrimination Act 1975 s.3 as to
EMPLOYMENT protecting engaged as opposed to married • D efended the interest of a FTSE 100 company couples Manchester M3 4DN against claims brought by various employees T 0161 955 9000 for unfair dismissal. F 0161 955 9001 [email protected] • David is regularly instructed in long and www.9sjs.com complex multi-days cases and relishes cross KATIE NOWELL
YEAR OF CALL 1996, Lincoln’s Inn
EDUCATION LLB, Cardiff University
ASSOCIATIONS Employment Law Bar Association Personal Injury Bar Association Professional Negligence Bar Association
“A highly skilled and SPECIALIST AREAS OF PRACTICE NOTABLE CASES personable advocate with a Employment Law Personal Injury • USDAW v T J Hughes [2013] Miss Nowell broad practice.” represented the Claimant Trade Union in a Legal 500 2014 AREAS OF PRACTICE claim for protective awards totalling in excess Katie Nowell’s practice is split between of £10 million. “wonderfully understated, Employment Law and Personal Injury, with a • Williamson v Chief Constable of the Greater and effortlessly good” bias in favour of Employment Law. She has a Manchester Police & Another [2010] Legal 500 2013 wide experience in all areas of Employment UK/EAT/0346/09/DM. Regarding the Law in the Employment Tribunal, County admissibility, in a disability discrimination “recommended.” Court, High Court and to a lesser degree the claim, of covert recordings taken of the Legal 500 2011 Employment Appeal Tribunal. deliberations of the panel in an internal capability hearing. “Delivers straight talking and Areas of speciality include: • Gill v Chief Constable of Merseyside forward-thinking advice.” • unfair dismissal and wrongful dismissal; [Liverpool County Court, Judgment given Legal 500 2011 • redundancy; on 28 August 2007] A decision concerning • TUPE; the legality of the police forces policy on • sex discrimination; pay with regards to Regulation 24(2) Police • race discrimination; Regulations 2003. • disability discrimination; • College of Ripon & York St John v Hobbs • equal pay; [2002] IRLR 185. An EAT decision regarding • breach of contract. the definition of impairment in the context of schedule 1 para 1(1) of the Disability PROFILE Discrimination Act 1995. Miss Nowell acts for both employers and employees. In addition to representing clients in litigation she has provided extensive advice to Local Authorities and other employers during internal industrial disputes. Further she has frequently advised both employers and employees in relation to the construction of employment contracts, in particular restrictive covenants.
Katie Nowell’s Personal Injury practice consists of both Claimant and Defendant work in areas such as road traffic accidents, employers’ liability, slippers and trippers and stress claims.
EMPLOYMENT
Manchester M3 4DN T 0161 955 9000 F 0161 955 9001 [email protected] www.9sjs.com 2013 2014 CHRIS TAFT
YEAR OF CALL ASSOCIATIONS 1997 Northern Circuit Personal Injury Bar Association EDUCATION AND QUALIFICATIONS Employment Law Bar Association LLB (Hons) Manchester University Jules Thorn Memorial Scholarship (Middle Temple)
PROFILE • Acted for a rail company in a dispute Chris acts for both claimants and respondents concerning the proper interpretation of a but with some emphasis on the latter. He has 1973 collective agreement. Case of some considerable experience of heavier, multi-day importance as large number of employees Employment Tribunals. He has for many years affected by the outcome. Claim dismissed. undertaken local authority work and he has advised and represented central government • Acted for the school in a race discrimination departments in the Employment Tribunal since claim brought by a teacher. Claim settled his appointment to the Treasury Panel in 2012. on day 5 of a 3 week hearing following completion of cross-examination of the He is listed in the Legal 500 as a ‘leading junior’ claimant. in the employment field. REPORTED CASES Chris understands the importance of careful • Engel v. PATROL [2013] ICR 1086, [2013] preparation and robust cross-examination IRLR 787 in tribunal cases and he enjoys cases which Judicial immunity from suit. (Led by Paul involve factual disputes and credibility issues. Gilroy QC in the EAT)
Recent examples of Chris’s employment work: • Joshi v Manchester City Council [2008] All ER (D) 246 • Acted for a division of the Tribunal Service Time limits. EAT refused to follow its own in a whistle-blowing claim brought by a previous decision in Singh (t/a Raindow part-time judge. Succeeded in having the International) v. Taylor [2006]. claim struck out on the grounds of judicial immunity from suit. Successfully resisted the • Laing v. Manchester City Council [2006] ICR claimant’s appeal. (Led in the EAT by Paul 1519, [2006] IRLR 748 Gilroy QC) For a time the leading case on the reverse burden of proof. • Acted for the UK Border Agency in a whistle- blowing claim brought by a border guard. C claimed that he had been subjected to proceedings by reason of his having made protected disclosures concerning border security failings at a high level. Evidence given by very senior civil servants. Claim defeated following a 5 day final hearing.
EMPLOYMENT
Manchester M3 4DN T 0161 955 9000 F 0161 955 9001 [email protected] www.9sjs.com ASSUNTA DEL PRIORE
YEAR OF CALL ASSOCIATIONS 1998, Middle Temple Employment Law Bar Association Employment Lawyers Association EDUCATION Industrial Law Society MA (Hons), University of Edinburgh; M.Litt., University of St Andrews; Postgraduate Diploma in Law, City University. Benefactors’ Scholar (Middle Temple).
“A very safe pair of hands, AREA OF PRACTICE Rampersad T/A Cliftion House Residential and very proactive in her case Employment Law Home UKEAT/0050/15 applied. preparation.” Legal 500 2015 PROFILE • CT v M. The Tribunal rejected the Claimant’s Assunta Del Priore specialises in employment claims that she had been treated less law. She has extensive experience in advising favourably because she was a part-time and representing in this area. She has been worker. instructed by businesses of all sizes, public bodies, trade organizations and individuals in • Ronald Lungu v Chief Constable of Wiltshire a wide range of employment disputes. She has Police. The Claimant was successful a particular interest in discrimination law and in his claims of harassment and direct in mental health issues in the employment law discrimination, including a failure to promote context. She is ranked tier 1 in the Legal 500 him because of his race. 2015. • BH v SSSC Ltd. The Claimant was successful Assunta joined Chambers in late 2010. She in his claims of disability discrimination, was a senior law lecturer at Manchester victimisation and unfair dismissal. The Metropolitan University during her children’s Tribunal rejected the Respondent’s infancy. Previously, she practiced in submissions that a Polkey deduction was employment law in London, Liverpool and appropriate. Manchester, at the Independent Bar, and within the employment law teams at Lawfords and • O’C & Others v 1. Borough Council of C, Mace & Jones solicitors’ firms. She is a Bar 2. HHA Limited. A case which concerned Standards Board accredited advocacy trainer. entitlement to rest breaks and daily/weekly rest periods under the Working Time RECENT CASES OF INTEREST Regulations 1998. It was of potential national • Chief Constable of the Greater Manchester significance in that it concerned whether or Police v Bailey UKEAT/0166/15. The EAT not the rest break pattern of residential care upheld the judgment of the Tribunal below workers in supported living accommodation that the Claimant had been discriminated for vulnerable adults was compliant with the against because of his race and victimised. Working Time Regulations 1998. The Tribunal’s conclusions on race discrimination and victimisation were not • Della Buckley v East Lancashire Masonic Hall inconsistent with each other. Company Ltd & Others. The Claimant won her unfair dismissal claim by a majority, • CD v Chief Constable of H. The Claimant (members). The majority judgment was succeeded in his claims of failures to make upheld upon appeal to the Employment reasonable adjustments to the conditions in Appeal Tribunal (East Lancashire Masonic which he took a professional exam. Remedy Hall Company Ltd v Buckley, UKEAT/0447/14 included compensation for loss of a chance of
EMPLOYMENT promotion. NOTABLE CASES • Chief Constable of the Greater Manchester Manchester M3 4DN • F & F v P Ltd. The Tribunal rejected the Police v Bailey UKEAT/0166/15. Race T 0161 955 9000 Claimants’ claims that they were entitled discrimination and victimisation. F 0161 955 9001 to the national minimum wage for periods [email protected] of on-call work: Shannon v Rampersad & www.9sjs.com • Jackson Lloyd Ltd and Mears Group plc v Smith and Others UKEAT/0127/13. TUPE transfer from subsidiary to parent in the context of a share sale. ‘Authority’ of employee representatives in Regulation 13(1) (b)(i) of TUPE.
• Ashby v JJB Sports plc UKEAT/0114/12. Scope of duty to consult in redundancy cases.
• National Grid Electricity Transmission plc v Wood, UKEAT/0432/07 Implied contracts of employment – agency workers.
EMPLOYMENT
Manchester M3 4DN T 0161 955 9000 F 0161 955 9001 [email protected] www.9sjs.com 2015 ZOË THOMPSON
YEAR OF CALL ASSOCIATIONS 1999, Middle Temple Employment Lawyers Association
EDUCATION LLB (Hons), London School of Economics (1st Class)
“Specialises in TUPE, AREAS OF PRACTICE discrimination and equal Employment Law p a y.” Personal Injury Law Legal 500 2014 PROFILE Zoë’s practice covers all areas of individual and collective employment law. She appears regularly in the EAT and has appeared in the Court of Appeal and the House of Lords. She is well known for her effective cross examination of witnesses. She is described in the Legal 500 as “tenacious on her feet and understanding of her clients” and by Chambers and Partners as “conscientious and direct”.
Zoë handles a wide range of complex claims ranging from multi claimant equal pay litigation, collective redundancies, whistle- blowing, and construction industry blacklisting. She also deals with high value discrimination cases and cases where there is a cross over with personal injury such as stress at work.
Zoë has experience of internal and professional disciplinary hearings acting for practitioners and employers including the police, accountants and teachers.
Zoë receives instructions from a variety of sectors such as education (including universities and local authorities), health care (including NHS trusts and GP practices), police and fire services, retail, construction and financial services.
Zoë also undertakes judicial review work which involves employment related issues for public sector clients.
EMPLOYMENT
Manchester M3 4DN T 0161 955 9000 F 0161 955 9001 [email protected] www.9sjs.com 2014 2014 REBECCA EELEY
YEAR OF CALL AWARDS AND SCHOLARSHIPS 2001 Middle Temple Diplock Scholar, Middle Temple; Chrystal Macmillan Prize, Middle Temple EDUCATION MA (Hons) Jurisprudence and BCL ASSOCIATIONS (European & Comparative Law) St Hugh’s Employment Lawyers’ Association; College, Oxford University. Employment Law Bar Association; ADR Group accredited Civil Mediator Industrial Law Society; Personal Injury Bar Association; Northern Administrative Law Association
“Though experienced in all APPOINTMENTS Rebecca is keen to develop her Tribunal employment law matters, Fee Paid Employment Judge (2013) Yorkshire practice further to include work in the Special regularly handling complex and Humber Region Educational Needs and Disability Tribunal in whistle-blowing, TUPE, equal Approved panel counsel for Equality and order to build upon her skills as an advocate pay and redundancy cases, Human Rights Commission in the Tribunal setting and her knowledge and she demonstrates particular Accredited by the General Medical Council to expertise in relation to disability issues. interest in the field of conduct Fitness to Practise hearings discrimination. She regularly Rebecca is a fully trained and accredited acts on behalf of public sector PROFILE mediator. She brings these additional skills to entities such as NHS trusts Rebecca Eeley has developed an excellent her court and advisory practice and is happy and police forces. ‘She is very reputation for her employment law work and to act both as mediator and as advocate during good at ensuring you got a has a loyal following of clients across the public mediation proceedings. deal done that the client is and private sectors. She is regularly recognised happy with and has a very in the Legal 500 and Chambers and Partners Rebecca regularly provides seminars and conciliatory style.’” guides to the legal profession workshops for clients on topics of current legal Chambers & Partners 2016 interest. Recent topics have included Managing Rebecca is adept at analysing the most complex Long Term Sickness Absence, Proving “Vastly experienced in all of legal disputes and distilling them to their Disability, The Agency Workers Regulations, areas of employment law, with essential points and themes. She is quick to Mediation in Employment Law and the a focus on discrimination.” grasp the priorities of her clients and to adapt Abolition of the Default Retirement Age. Legal 500 2015 her approach accordingly. In court she is calm She is regularly involved in providing mock under fire, quick thinking, tenacious and employment tribunal workshops. She is happy “She is an excellent lawyer flexible. In cross examination she consciously to provide training to lawyers, HR professionals who is always thoroughly adapts her style to obtain the most from each and lay clients alike. prepared and good with witness. Out of court her clients find her clients – an excellent approachable and supportive style reassuring. RECENT SAMPLE CASES advocate.” Her in depth knowledge of both the brief and • Represented claimant consultant doctor in Chambers & Partners 2015 the law involved instil confidence and she is not multiday indirect sex discrimination claim afraid to give a clear headed assessment of a concerning impact of child care, flexible ‘on “Quick thinking and case together with practical advice. call’ working and provision of consultant unflappable under pressure.” career progression within acute medicine. Legal 500 2014 Rebecca has a wealth of experience across all areas of employment law and has a particular • Successfully represented respondent bank interest in all strands of discrimination law. in whistleblowing claim involving over 25 Her practice includes both unfair dismissal and alleged protected disclosures together with redundancy cases and the more complex or allegations of automatically unfair dismissal lengthy cases involving TUPE, whistleblowing, for protected disclosures and health and discrimination and equal pay. Rebecca is safety activities. equally at home acting for claimants and respondents and in cases involving the public • Successfully represented respondent firm
EMPLOYMENT or private sector. She frequently acts for and of solicitors in multiday constructive unfair against local authorities, NHS Trusts and dismissal claim by former fee earner. Manchester M3 4DN Police Authorities and for a number of well T 0161 955 9000 known large Limited Companies. She is just as F 0161 955 9001 at home acting in the County Court as in the [email protected] Employment Tribunal system. www.9sjs.com “Has a broad employment • Represented large telecommunications • Namoale v Balfour Beattie Engineering law practice which is company in multiday claim for redundancy Services Ltd UKEAT/0126/12/DM Appeal predominantly focused on pay, protective award and unfair dismissal against PHR decision to strike out claims discrimination issues. She is arising out of complex structural of unfair dismissal and health and safety/ instructed on behalf of both reorganisation. whistleblowing dismissal/detriment on claimants and respondents. grounds of no reasonable prospects of Expertise: ‘She has excellent • Successfully represented NHS Trust in success. preparation skills on multiday disability discrimination case complicated matters. When involving multiple alleged disabilities, • Healey and Stone v Wincanton Plc there is a need to break down complex medical evidence, issues UKEATPA/0043/12LA Appeal in case the complexities, she does it surrounding date of knowledge and multiple involving a wide range of claims for, inter e x c e l l e n t l y.’” alleged reasonable adjustments. alia, sick pay, wages and a statement of initial Chambers & Partners 2014 employment particulars. EAT decision in • Successfully represented NHS Trust in relation to claim of apparent bias on the part “demonstrates considerable complex multiday sexual orientation and of the Tribunal and whether Claimants had talent” race discrimination claim involving claims of waived the right to allege bias at appeal. Legal 500 2013 harassment and direct discrimination with multiple witnesses and significant argument • Gordon Donnelly v Asda Stores Limited “Rebecca Eeley is someone regarding the appropriateness of comparators. UKEAT/0181/11JOJ Successfully resisted who is clearly making strides employee’s appeal to EAT. Appeal by at the Employment Bar. APPELLATE CASES employee against a Tribunal decision ‘Wonderful with clients’ and • Foster v Booker UKEAT/1160/13 Successfully that dismissal of the employee for acts ‘extremely good on her feet,’ represented respondent at claimant’s appeal constituting a risk to health and safety was she has a keen interest in in unfair dismissal claim. Arguments in fair. Employee sought to argue that section discrimination work.” relation to sufficiency of Tribunal’s reasons/ 98(4)(b) of the Employment Rights Act 1996 Chambers & Partners 2013 Meek compliance, perversity and the band of added a separate test of fairness which had reasonable responses not been applied by the Tribunal. Argument “Rebecca Eeley has a as to whether the Tribunal had misapplied ‘commercial approach and • Crossland v OCS Group UK Limited and the “band of reasonable responses” test down-to-earth attitude’.” British Airways Interior Engineering Limited and had failed to properly scrutinise the Legal 500 2012 UKEAT/0340/12/SM Appeal against Tribunal employer’s decision. decision to make a deposit order in a “recommended.” disability discrimination claim involving Legal 500 2011 duty to make reasonable adjustments. Issue whether the Provision Criterion or Practice identified in the case put Claimant at substantial disadvantage so as to trigger the duty to make reasonable adjustments. Discussion regarding comparison exercise in such cases.
• Wincanton Plc v Atkinson and Marrison [2011] All ER (D) 153 Oct UKEAT/0040/11 Successful appeal to EAT in unfair dismissal case. EAT substituted