Andrew Short QC

Call date: 1990 Date of silk: 2010
Email: Andrew Short QC
Areas of Law: Employment & Discrimination, Pensions
Practice summary

Andrew Short's practice centres on employment, pensions and discrimination law.   His employment practice covers everything from complex or sensitive dismissal and discrimination cases through TUPE to high value contract and equal pay claims.  His pension work includes equalisation and other discrimination issues, preservation and revaluation, Hastings-Bass and mistake, estoppel, construction and complaints to and appeals from the Ombudsman.   He also undertakes professional negligence work, often though not always related to employment or occupational pension schemes.

As an advocate, Andrew appeals regularly in the employment tribunals, Employment Appeal Tribunal and other divisions of the High Court and the Court of Appeal.

In Lewisham -v- Malcolm [2008] UKHL 43, Baroness Hale described his analysis of one legal issue, published 12 years earlier, as having been ‘remarkably percipient'.   His ‘practical', ‘realistic' and ‘extremely succinct' approach makes his advice and advocacy highly sought after by his clients, whether they are national or international companies or organisations, public bodies, trustees, trade unions or individuals.

Andrew has lectured on pensions, discrimination and employment issues.  

A selection of recent cases

 

 

  • The Trustees of the Hobourn Pension Scheme v Knell, Re: Hobourn Group Pension Scheme [2010] EWHC 650 (Ch), Norris J
  • Construction of pension scheme: amendments made so as to achieve equalisation.
  • http://www.bailii.org/uk/cases/UKSC/2010/16.html

 

 

 

  • Foster Wheeler Ltd v Hanley & others [2008] EWHC 2926
  • Decision revisiting Hodgson v Toray Textiles and the operation of European & domestic law where a pension scheme has been amended to equalize NRD for men and women, but without making express provision for the retained rights of members with pension accrued by reference to an NRD at age 60.
  • http://www.bailii.org/ew/cases/EWHC/Ch/2008/2926.html

 

  • Regent Securities -v- Power [2008] IRLR 66, Court of Appeal
  • On appeal from EAT in [2007] IRLR 226. TUPE. Whether employee can rely upon improved terms agreed by reason of a transfer of an undertaking.

 

  • MGN Trustees v Wright [2007] EWCA Civ 1247, Court of Appeal
  • Acting for the appellant trustees on a preliminary issue on a point of interpretation concerning the pension scheme’s rules and the true interpretation of the consent requirements governing early retirement. Decision revisiting Hodgson v Toray Textiles and the operation of European & domestic law where a pension scheme has been amended to equalize NRD for men and women, but without making express provision for the retained rights of members with pension accrued by reference to an NRD at age 60.
  • http://www.bailii.org/ew/cases/EWHC/Ch/2008/2926.html
Andrew Short QC

"technically adept and precise barrister", who offers "thorough, clear and pragmatic advice.” Pensions, Chambers and Partners 2011   Pensions, Chambers and Partners 2012

‘very knowledgeable’ and an ‘excellent performer on his feet’, Pensions, Legal 500, 2011

‘extremely down-to-earth and is a pleasure to work with’. Of the juniors, Employment, Legal 500, 2011

‘is very commercial and has excellent instincts in assessing the strengths and weaknesses of a claim’ Pensions Legal 500 2010

‘garners praise for his "forensic and thorough approach to employment matters." “Pleasant in the corridors but unrelenting in court,” he is nobody’s fool.’ Employment, Chambers and Partners 2011

"clear, concise and personable" an increasingly strong force... Charm and talent abound in this Young Turk of the pensions silks. Pensions, Chambers and Partners 2011

Appointments & memberships:

  • Association of Pension Lawyers
  • Employment Law Bar Association
  • Employment Law Association
  • Discrimination Law Association