Employment & Discrimination

Our Employment and Discrimination workgroup continues to reinforce its reputation as a major player in employment and discrimination with Keith Bryant QC’s appointment to Silk in 2013 and the recruitment of James Arnold and Samantha Cooper in 2012. The appointment of Andrew Allen as a part-time employment judge in 2011 brought to four the number of members of the team who can bring this invaluable experience to bear on their practices; the others are Keith Bryant, Benjimin Burgher and Lydia Seymour.

Outer Temple barristers are at the forefront of developments in various areas of employment law, including equal pay, working time and holiday pay and whistle-blowing. Members of the team have been involved in the immense Birmingham equal pay litigation with particular success in the landmark case of Abdulla v Birmingham City Council (equal pay claim in the civil courts) for which the team won The Lawyer Awards Employment Law team of the year together Leigh Day, their solicitors on the case. Other recent notable cases have included Andrew Short QC’s appearances in the Supreme Court and ECJ in Williams v BA, (pilots’ holiday pay) and Mark Mullins’ in the ECJ in USA v Nolan (collective redundancy).

We prioritise commercial sensitivities in litigation and advisory work concerning business protection and employee rights, and provide advice and expertise in mediation, arbitration and other methods of dispute resolution.

For further information contact David Smith, business development director, 020 7353 6381

  • 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)

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Benjimin Burgher

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Benjimin Burgher