Employment

Employment

Our employment practice group provides commercial and sensitive advice representing employers and employees in both the public and private sector. Members have a breadth of experience from unfair dismissal claims and redundancy to substantial whistle-blowing claims, TUPE, and cases involving statutory employment rights such as equal pay, maternity rights and working time disputes.

Our barristers have particular experience of international and cross border work. Recent examples include:

Port Authority of Trinidad and Tobago v Daban [2019] UKPC 22: an appeal to the Privy Council for an employee who had lost his job after receiving a prison sentence and claimed that his employer had breached his right to equal treatment under section 4(d) of the Constitution of Trinidad and Tobago.

Singh v Commissioner of Police [2019] UKPC 26: a decision of the Judicial Committee of the Privy Council concerning entitlements of police officers to sit examinations for promotion.

Sahatoo v Attorney General of Trinidad and Tobago [2019] UKPC 19: an appeal to the Privy Council considering the right of an individual to equality of treatment from a public authority under the Constitution of Trinidad and Tobago.

Chambers is well equipped to handle cross-over work, encompassing instances where employment disputes have a wider commercial context. We regularly act in High Court claims, including injunctive action and relief. This includes acting for and against directors in claims involving breach of fiduciary duty and post-termination restrictive covenants.

Utilitywise Plc v Northern Gas and Power Ltd [2017] EWHC 2520 (QB) successfully resisted injunctive relief as the employee contracts had different forms of non-competition clauses and in some cases, had none at all. The terms of relief were refused as being too vague to be properly workable.

Dobson v Pricewaterhouse Coopers LLP [2017] 6 WLUK 372: an appeal to the Employment Appeal Tribunal concerning non-party disclosure and the extent to which a party was entitled to redact documents.

Legends Live v Harrison [2017] IRLR 59: a decision of the High Court about construction of a restrictive covenant, the interpretation of the Employment Agencies Act 1973 and the appropriateness of injunctive relief.

First Personnel Services Ltd v Halfords Ltd [2016] EWHC 3220 (Ch): acting  in a claim concerning the payment of transfer or introduction fees to a recruitment agency which had supplied staff to it, where the staff were subsequently transferred to another agency under TUPE after a re-tendering exercise.

We have a strong reputation in the field of equality and discrimination with members of Chambers having appeared in a number of seminal cases such as Eweida v United Kingdom (2013) 57 EHRR 8, and Bull v Hall [2013] UKSC 73. Currently, we have two members of Chambers who are panel counsel for the Commission of Equality and Human Rights.

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