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Gus Baker

Gus Baker

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Gus joined Chambers after the successful completion of his pupillage in 2015 and has a broad practice focusing on employment, commercial and regulatory disputes. Gus regularly represents clients in courts and tribunals at all levels and has appeared in the High Court, the Court of Appeal and the Employment Appeal Tribunal as well as in various County Courts, Employment Tribunals and Crown Courts.

Gus graduated from the University of Bristol in 2011 and completed his GDL and BPTC at the University of Law (previously the College of Law), where he was awarded an LLB with First Class Honours.

In 2014 Gus won the Incorporated Council Law Reporting (ICLR) National Moot competition and was part of the team which finished first in the national rounds of the Telders Memorial Public International Law Moot competition. In 2015 he was awarded a prize by the Financial Services Lawyers Association (FSLA) for his essay on financial services regulation.

Gus regularly provides training and CPD sessions for leading firms. He is a co-author of the latest edition of the Law Society’s Employment Law Handbook. He is the editor of the chapter in Tolley’s Employment Law Service regarding the fairness of dismissals.

Other examples of Gus’ publications include:

Commercial & Chancery

Gus is building a broad commercial practice and is able to advise and provide representation in relation to pensions, financial services, and general commercial matters.

Recent examples of Gus’ work include:

  • being instructed, led by Andrew Spink QC, to advise and draft legislation for a public authority in the Middle East in preparation for planned reform of jurisdiction’s statute on company law;
  • being instructed, unled, in a matter relating to the insolvency of one of the last remaining deep coal mines in the UK, Hatfield Colliery;
  • being instructed to advise on issues relating to agency and apparent authority in proceedings against a global law firm;
  • being instructed as part of a junior counsel team in international arbitration proceedings in relation to the breach of a joint venture agreement;
  • representing Defendants in breach of contract and claims under the Financial Services and Markets Act 2000 in the County Court;
  • being instructed to attend court on behalf of a major bank in a complex case relating to manipulation of the dollar Libor rate, assisting Michael Bowes QC;
  • advising on Part 36 offers in cases concerning breaches of the Financial Services and Markets Act 2000 and the enforceability of agreements, assisting David E Grant;
  • assisting Benjimin Burgher in a case concerning expulsion from an LLP agreement and the express duty of good faith.

Gus regularly provides advice on disclosure and privilege issues in large commercial cases as part of a team of junior counsel.

Employment & Discrimination

Gus has a busy employment law practice and regularly undertakes multi day hearings against more senior counsel. He is experienced at advising clients on whistleblowing, discrimination, breach of contract and procedural issues. He has been instructed in cases involving allegations of serious sexual assaults, jurisdictional questions, and complex issues of loss and damage. He has recently been instructed in two cases involving appeals to the Employment Appeal Tribunal.  Gus is experienced at advising senior managers and employees on how to achieve exits on favourable terms. Where cases litigate, he provides robust advocacy.

He regularly advises on complex issues of remedy and is experienced at advising on expert evidence. Gus is able to use his experience of personal injury and commercial litigation in order to advance his clients’ interests in employment disputes.

Gus maintains a 50/50 balance of claimant and defendant/respondent work and acts in both the employment tribunal and civil courts. The following are recent examples of Gus’ work:

  • advising a senior manager of a firm on claims for breach of contract and non-payment of a discretionary bonus
  • representing a Middle Eastern company in a case concerning discretionary bonuses and unfair dismissal (currently on appeal to the EAT)
  • acting for an employed barrister in a claim for disability discrimination
  • being instructed by the Government Legal Department in a High Court employment action involving over 70 claimants
  • representing a large public sector organisation in a discrimination case seeking strike out and deposit orders
  • acting for a senior manager of a large retail distributor on claims for unfair dismissal, breach of contract and non payment of a contractual bonus
  • acting for an union member in a successful claim for disability discrimination brought against the Secretary of State for Justice
  • acting for an individual in a case listed for three weeks involving violence in the workplace and race discrimination
  • acting for several large facilities manage companies in final hearings concerning unfair dismissal and non-payment of wages
  • acting in multiple discrimination and whistleblowing claims concerning serving police officers
  • assisting David E. Grant in the Employment Appeal Tribunal in a case about a costs award of over £100,000
  • being led by Natasha Joffe in the Court of Appeal in Rabess v London Fire and Emergency Planning Authority [2016] EWCA Civ 1017.

Gus is the co-author (with Daniel Barnett and Stephen Butler) of the forthcoming edition of the Law Society’s Employment Law Handbook, and publishes regularly on employment law issues (please see this link).

Health, Safety & Environment

Gus is experienced at representing corporate defendants in the Crown Court and Magistrates Courts in relation to health and safety and environmental law matters. He is a member of the Health and Safety Lawyers Association (‘HSLA’) and is able to draw on his experience in employment and personal injury law to assist clients facing regulatory prosecutions relating to accidents at work.

Recent examples of Gus’ work include:

  • representing corporate defendants in the Crown Court in relation to an HSE prosecution
  • representing commercial fishermen in a multi day in a prosecution under the Fisheries Act 1981 by the Marine Management Organisation (‘MMO”)
  • representing a family at an inquest relating to a fatality in a hospital ward.

Pensions & Trusts

Gus has been instructed, and assisted other members of Chambers, in numerous cases relating to pensions law. He has a particular interest in the intersection between employment and pensions law.

Examples of Gus’ work include:

  • Assisting David E. Grant in advising and drafting pleadings in a variety of High Court matters concerning rectification of pension deeds and appeals to the High Court from the Pensions Ombudsman
  • Being instructed to assist Nick Stallworthy QC and James Rickards in a case concerning the rectification of a deed
  • Assisting Andrew Short QC in a case concerning the doctrine of res judicata and the Pensions Ombudsman.

Personal Injury

Gus is an experienced advocate in personal injury matters and regularly advises on both liability and quantum in fast track and multi track cases. Recent examples of Gus’ work include:

  • Successfully representing the claimant and securing damages of over £67,000 in a multi-track trial in front of Master Davison, sitting as a recorder of the Plymouth County Court
  • Being led by, and assisting, Sarah Crowther in the case of Pickard v Marshall & Ors [2017] EWCA Civ 17, which concerned the correct approach to the application of Article 4 of the Rome II Regulation (864/2007) in relation to a fatal accident in France
  • Acting for an NHS trust in a multi-track case involving occupational injuries and applications for relief from sanctions
  • Regularly appearing in CMCs and CCMCs in both the County Court and the High Court for claimants and defendants.

Appointments & Memberships

  • Industrial Law Society
  • Employment Lawyers Association
  • COMBAR
  • Health and Safety Lawyers Association
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