Benjimin Burgher

Call date: 1995
Email: Benjimin Burgher
Areas of Law: Public Law, Professional Negligence, Employment & Discrimination, Business & Banking
Practice summary

Benjimin Burgher has experience of both contentious and non contentious employment related matters having worked, as a barrister, for over 2 years in the employment department of a leading City Law Firm. He has advised on the employment implications of the London Underground PPP (JNP lines), Ashanti Goldfields IPO and collective redundancies at Continental Airlines. Benjimin is experienced in all aspects of employment and discrimination law and employment tribunal procedure.

His commercial experience includes advising on restrictive covenants and the TUPE implications of business transactions. He has dealt with claims involving inducement of breach of contract, partnership disputes, breach of fiduciary duty and claims between companies arising from contract and interpretation of contract terms.

His contentious experience includes advocacy in the Privy Council, Court of Appeal, High Court, County Court, Employment Appeal Tribunal and the Employment Tribunals, including the part-time pensions cases, numerous high profile discrimination cases, strike action proceedings and matters involving breach of contract.

Benjimin has lectured on a variety of employment related topics for a number of organisations including CLT, Professional Training and Development, CPDwebinars, White Paper Company and Learning 4Lawyers. He also provides talks to professional clients and their lay clients. He has appeared several occasions on the Einstein Legal TV Network and has been interviewed on Radio 5 Live a number of times on employment related matters.

Benjimin is standing counsel to a number of large companies and other organisations on commercial and employment matters.

A selection of recent cases
  • Martin v Devonshires Solicitors – EAT
  • Victimisation; causation

 

  • Thatcher v Middlesex University – EAT
  • Equal pay; part time pensions; stable employment relationship
  • Lucas v Chichester Diocesan Housing Association – EAT
  • Whistleblowing; good faith
  • Sanders Draper School v Phelan - EAT
  • Race discrimination; time limits; extension of time
  • Humphrey v Gatwick Handling Ltd – Court of Appeal
  • Deduction of wages; collective agreements incorporation
  • Leo Chem International v Rushworth – Court of Appeal
  • TUPE, dismissal for reason connected with transfer
  • Greene v Half Moon Bay Hotel  - Privy Council
  • Constructive dismissal, delay, reasons
Benjimin Burgher

"knows employment law inside out" and is "a great person for working out solutions to knotty problems." Employment, Chambers and Partners 2012

‘excellent’  'well respected' Employment, Legal 500, 2011

'Commercial and astute'  “He has an excellent client manner and extremely good interpersonal skills.” Employment, Chambers and Partners 2011

"composed and amiable" – Chambers and Partners 2010

"has an authority beyond his level of call." He attracts clients due to his "commercial and insightful approach"  - Chambers and Partners 2009 

Clients find his “no-nonsense, commercial and unstuffy approach somewhat refreshing.” a “unique insight into what instructing solicitors and their clients require.” “excels at client communications” and is a “tenacious advocate who presents cases clearly and cogently.”  - Chambers and Partners 2008

Appointments & memberships:

  • Fee Paid Employment Judge
  • Dubai International Financial Centre Courts Registered
  • Commercial Bar Association
  • European Employment Lawyers Association
  • Employment Lawyers Association
  • Bar European Group