Employment & Discrimination

Areas of expertise

• Bonuses
• Contracts
• Discrimination
• Directors' severance arrangements
• Discrimination
• Equal pay
• European compliance issues
• Human resource policies and risk management
• Incentives and share schemes
• Partnership disputes
• Pensions schemes
• Professional discipline
• Retirement
• Trade Union issues
• TUPE transfers
• Wages
• Whistleblowing
• Working Time
• Wrongful dismissal
• Unfair dismissal

For further information, contact:

David Smith, Senior Clerk, 020 7353 6381

Track record and prominent cases

• Beddoes & Ors v Birmingham City Council [2011] EqLR 838 (Equal Pay Act : other establishments)
• Birmingham City Council v Abdulla & Ors [2011] EWCA Civ 1412, (2011) 161 NLJ 1707 (equal pay claims could be heard in the High Court)
• Briggs & Ors v Nottingham University Hospitals NHS Trust [2010] IRLR 504 (collective agreements)
• British Airways plc v Williams & Ors [2010] IRLR 541 (SC) and [2011] IRLR 948 (ECJ) (holiday pay and flying time allowances)
• Burns v Santander UK plc [2011] IRLR 639 (no wages payable while unable to work because in custody)
• Cavendish Munro Professional Risks Management Ltd v Geduld [2010] IRLR 38  (whistleblowing)
• Compass v Ayodele [2011] I.C.R. D25 (whether consideration of request not to retire had to be in good faith)
• Fecitt & ors v NHS Manchester [2011] IRLR 111  (whistleblowing)
• Garratt v Mirror Group Newspapers Ltd [2011] ICR 880 (enhanced redundancy pay limited by implied requirement to sign compromise agreement)
• Hussain v Acorn Independent College Ltd Employment Appeal Tribunal [2011] I.R.L.R. 463, EAT (continuity of employment)
• Key2Law (Surrey) LLP v De’Antiquis [2011] EWCA Civ 1567 (construction of regulation 8(7) of TUPE – whether UK administration can ever fall within insolvency exception; the further appeal in OTG v Barke [2011] ICR 781)
• NHS Leeds v Larner [2011] I.C.R. D27 (holiday pay and long-term sick leave)
• R (on the application of B) v Islington Borough Council [2010] All ER (D) 97 (disability discrimination and the equality duty of public authorities in relation to education)
• Roadchef Motorways Ltd v GMB and another [2011] All ER (D) 78 (collective bargaining and estoppel)
• Spaceright Europe Ltd v Baillavoine [2011] EWCA Civ 1565
• St Andrew's Catholic Primary School Governing Body v Blundell [2011] EWCA Civ 427 (new evidence on appeal)
• Transport for London & Anor v Aderemi [2011] UKEAT 0006_11_0411 (burden of proof: race discrimination)
• Vickers v London Fire and Emergency Planning Authority [2011] ICR D24 (construction of fire authority collective agreement)
• Woodcock v Cumbria Primary Care Trust [2011] ICR 143 (unfair dismissal)

Our clients

Our clients include major commercial organisations, NHS Trusts, SMEs, directors, trade unions, local and central government, actuaries, brokers, auditors, accountants and individual employees.

What the directories say

THE SET - Outer Temple Chambers is "a set that reverses the notion that all barristers sit in ivory towers." Innovative in its thinking and always ready to embrace the new, it houses barristers who are "down to earth, eager to assist and genuinely keen to bring in the work." It is a relatively new entrant into the employment market but is gaining ground, as evidenced by the fact that a number of its members are respected enough to have been appointed part-time employment judges. Its mix of work has expanded beyond the heavy claimant bias of its early days and now features a good proportion of respondent cases. Trade union work still features prominently but all manner of employment work is catered for.

SILKS - Andrew Short QC is a well-regarded silk whose practice covers the full spectrum of employment law. Clients like his "grounded, unstuffy and flexible approach" and admire his "concise, punchy advocacy and unflappable manner in court." Recently, Short's practice has centred around vast local authority equal pay claims. The head of strategic development at his set is Richard Lissack QC. A leading silk in a range of areas and able to turn his hand to any employment matter, he is "a man of immense energy and drive whose achievements speak for themselves."

JUNIORS - Keith Bryant specialises in all aspects of employment and pensions law. "Technically excellent and very responsive," he is considered to be a "real unsung star of the Employment Bar with a successful career ahead of him." He was recently in a test case in the Court of Appeal on the construction of firefighters' contracts of employment. Bryant has been joined in the set by Daniel Barnett, who arrived from Temple Garden Chambers. His is a welcome arrival as "he is extremely knowledgeable and can absorb pages of instructions at lightning speed."

Others at the set to impress include Jill Brown, who is "straightforward, calm and willing to really get stuck into a case." In court she is "just brilliant - confident without being bolshy, and  someone who knows exactly what to highlight." She was involved in Aitken v Metropolitan Police, a test case seeking to establish that discrimination on the ground of perceived disability is unlawful. Also garnering praise is Benjimin Burgher, whom clients applaud for his commercial acumen and ability to work as part of a team. He "knows employment law inside out" and is "a great person for working out solutions to knotty problems." Finally, Lydia Seymour is "extremely insightful and a very creative thinker." Like many of the barristers at this set, she is a part-time employment judge. Chambers and Partners 2012

Richard Lissack QC at Outer Temple Chambers is a ‘tough and insightful litigator with strong commercial nous’. Andrew Short QC, who took silk in 2010, is ‘extremely down-to-earth and is a pleasure to work with’. Of the juniors, Jill Brown has ‘sound technical knowledge and judgement combined with a very effective advocacy style’. The ‘engaging’ Keith Bryant and the ‘excellent’ Benjimin Burgher are also well respected. Daniel Barnett recently joined from Temple Garden Chambers. Legal 500 2011

Memberships and involvement