Lydia Seymour

Call date: 1997
Clerk: David Smith
Areas of Law: Pensions, Employment & Discrimination
Practice summary

Lydia Seymour has a specialist pensions and employment law practice.

She has been recognised as a leading junior by the legal directories since 2005, and is named in this year’s Legal 500 ‘Leading Juniors’ list and Chambers & Partners ‘Leaders in their Field’ for 2015 

Pensions
Lydia acts and advises in a wide range of contentious and non-contentious pensions work. A selection of work from the past year includes:

  • Acting for the Representative Beneficiaries in the IBM v Dalgleish remedies hearing (led by Nicolas Stallworthy QC);
  • Advising The Pensions Regulator on issues including scheme closures, section 75 debts, clearance statements and auto-enrolment;
  • Advising a trade union on the possibility of challenging the closure of a large final salary scheme in the financial sector;
  • Acting as a junior in a rectification claim; 
  • Ongoing advice to a County Council regarding scheme exit and admission issues under the Local Government Pension Scheme Regulations;
  • Advising in relation to estoppel and negligent misstatement in a civil court claim;
  • Advice to various private companies on auto-enrolment issues.

Pensions/Employment crossover
Given the dual nature of her practice, Lydia has developed a strong reputation in the areas of crossover between pensions and employment law, including:

  • Equalisation and other discrimination issues. Lydia is currently instructed in a high value equalisation claim led by Richard Hitchcock QC;
  • TUPE-related pensions claims, particularly the implications of the Proctor & Gamble decision;
  • Breach of trust and confidence and the Imperial Duty, including non-pensionable pay increases and proposed scheme closure.

Statutory schemes
Lydia also has substantial experience of statutory schemes, and has been instructed by employers and individuals in matters relating to the Local Government Pensions Scheme (LGPS), Teachers’ Pension Scheme (TPS) and University Superannuation Scheme (USS). She has also advised trade unions on issues arising from the NHS Pension Scheme and Firefighters’ pensions.

Employment
Lydia has substantial experience of employment and discrimination cases at all levels and has a strong reputation for dealing with complex and high profile discrimination matters (notably sex, disability, age and religious discrimination). She has a particular interest in parental rights in the workplace, having advised and acted in many claims relating to maternity discrimination and flexible working and advised the Commission for Equality and Human Rights on aspects of the Equality Act 2010.

Lydia has wide experience of all issues relating to the termination of employment; dealing with both individual and group dismissals. She also deals with issues arising under TUPE, as well as bonus and restrictive covenant claims in the High Court.

She has acted in a number of high profile cases including, in 2014: Tan v McDermott, Will and Emery [2014] – successful claim for pregnancy discrimination, victimisation and unfair dismissal brought by senior solicitor; Weerasinghe v Basildon & Thurrock NHS Trust [2014] – successful whistleblowing claim by a surgeon at a failing hospital.

She co-edits the Discrimination section of Butterworths' Civil Court Practice (The Green Book) and is also a co-editor of Tottels Discrimination Law.

Lydia sits as a part-time Employment Judge in the London South region.
 

A selection of recent cases
  • Tan v McDermott, Will and Emery [2013]
  • maternity discrimination claim brought by senior solicitor. The Lawyer, July 2013.
     

 

  • BAA Airports Limited v Simpson [2012] (UKEAT/0429)
  • Tribunal recommendations and damages in discrimination claims.
     

 

  •  R (on the application of B) v Islington Borough Council
  • 2010] All ER (D) 97 
  • Disability discrimination and education.


 

  • Arthur v London Eastern Railway [2007] ICR 58 (CA).  Whistleblowing and striking out of claims.

 

  • Baynton v South West Trains
  • 2005 [ICR] 1730
  • Disability Discrimination after termination of employment and time limits.

 

  • Coxon -V- Rank Xerox (UK) Ltd
  • 2003]ICR 628 (EAT)
  • Contributory fault and unfair dismissal

 

  • Consignia -V- Sealy
  • [2002]3 All ER 801 (CA)
  • Employment Tribunal Procedure

 

  • Shergill v Coca-Cola
  • [2002]EAT, New Law Online 2/9/03 (EAT)
  • Meaning of disability

 

  • Fadipe -V- Reed
  • [2001]CA, Lawtel Ref C9900273
Lydia Seymour
Select elements

“extremely insightful and a very creative thinker”.

“thorough, thoughtful and commercial”

“calm, thoughtful and a great advocate”

Chambers and Partners