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Lydia Seymour

Lydia Seymour

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To find out more, contact David Smith (+44 (0)20 7427 4905) or Michael Redmond (+44 (0)20 7427 4910) or call us on +44 (0) 20 7353 6381, for a confidential discussion.

Lydia has a specialist pensions and employment law practice.

Her practice includes all aspects of pensions law, including: de-risking, rectification, professional negligence and trustee duties and her clients include the Pensions Regulator, employers, trade unions and individuals.

Given the dual nature of her practice, Lydia has developed a particularly strong reputation in the areas of crossover between pensions and employment law, and she is instructed in many of the leading cases in this area, particularly those which raise issues of age of sex discrimination in relation to pension provision, TUPE and breach of trust and confidence. Lydia also has substantial experience of statutory schemes and advises regularly on issues relating to the Local Government Pension Scheme, the Teachers’ Pension Scheme, University Superannuation Scheme and the NHS Pension Scheme.

Lydia has wide 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 and age discrimination). She is also regularly instructed in claims arising out of the termination of employment, particularly those raising bonus or restrictive covenant issues.

Lydia has been sitting as a fee paid Employment Judge since 2005. She currently sits in the London South region.

Pensions & Trusts

Lydia acts and advises in a wide range of contentious and non-contentious pensions work including ‘black letter’ pensions law; issues relating to statutory schemes and claims at the interface of pensions and employment law.

She has acted and advised (both alone and with leading counsel) in High Court claims raising issues of scheme amendment (including estoppel and misrepresentation); de-risking (including Courage fetter issues and the pensions/employment crossover implications); equalisation and rectification. She has given advice to the Pensions Regulator on issues including; scheme closures, section 75 debts, clearance statements and auto-enrolment.

Lydia is a leading practitioner in cases which raise issues of both pensions and employment law, and she is instructed in many of the leading cases in this area. These include; age discrimination claims arising from scheme amendments and redundancy situations; TUPE-related pension issues, particularly those relating to the implications of the Proctor and Gamble decision; claims for breach of the implied term of trust and confidence arising from non-pensionability agreements and de-risking exercises, and sex discrimination and equal pay claims including; calculation of the pension entitlements of part time workers. She also has substantial experience of professional negligence actions relating to pensions, including advising and acting in claims involving actuaries and legal advisors, limitation problems and complex issues relating to loss.

In relation to statutory schemes, Lydia advises regularly on applications and responses in proceedings before the Pensions Ombudsman and has wide experience of 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.

Lydia is retained by a number of local authorities to give ongoing advice about issues arising under the LGPS, including: admission agreements; exit payments; guarantee bonds and TUPE problems.

Cases

Secretary of State for Communities & Local Government v The Fire Brigades Union

Acted for the Defendant (led by Antony White QC) in this Part 8 claim in the Chancery Division brought by the Secretary of State seeking a declaration as to whether the certain terms of the Firefighters’ Pension Scheme constituted age discrimination.

Rockwool Limited v Rockwool Trustee Limited & Mrs Linda Lewis

Part 8 claim in the Chancery Division addressing issues of scheme amendment, equalisation and scheme closure. Acting for the company (led by Richard Hitchcock QC).

Sergeant & Others v Department for Constitutional Affairs & Others

Acting for the Claimants (led by Andrew Short QC) in this claim brought by over 6000 firefighters claiming age discrimination, equal pay and sex and race discrimination in relation to the transitional provisions of the new firefighters’ pension scheme.

O’Sullivan v London Underground Limited UKEAT/01523/15/DA

Appeal to the EAT against the award of death in service and pension benefits to the dependants of an employee who died during the course of Employment Tribunal proceedings. Appeal to the Court of Appeal pending.

Lees v Imperial College of Science Technology and Medicine UKEATPA/0526/15/RN

Appeal to the EAT on an age discrimination claim relating to an employer’s refusal to declare an employee redundant in circumstances in which an enhanced pension would be due.

IBM United Kingdom Holdings Ltd & Another v Dalgleish & Others [2015] Pens L.R.99

Appeared for the Representative Beneficiaries in the IBM v Dalgleish remedies hearing (led by Nicolas Stallworthy QC).

Employment & Discrimination

Lydia has over eighteen years’ experience of all aspects of employment and discrimination law. Latterly she has specialised in complex discrimination claims (including claims at the interface of pensions and employment law) and High Court bonus and restrictive covenant issues.

Comments in the legal directories include: “Razor-sharp, with encyclopaedic knowledge of the constantly shifting field of employment law”; “flexible, unfussy and totally on the ball” and “calm, thoughtful and a great advocate”.

Recently, Lydia has been instructed by both employers and employees on a number of claims raising issues of age discrimination and pension entitlement (including claims relating to transitional provisions in scheme amendments and redundancy), as well as acting in a number high profile claims brought by senior women working in the city alleging structural sex discrimination in relation to bonus payments and promotion.

Lydia acts for companies, individuals and trade unions, and advised the Commission for Equality and Human Rights on aspects of the Equality Act 2010.

Lydia has been sitting as a fee paid Employment Judge since 2005.

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

Cases

Chesler v Morgan Stanley UK Limited

Claim for sex discrimination, race discrimination and equal pay by a senior employee alleging structural discrimination against women in relation to pay and bonuses at Morgan Stanley.

O’Sullivan v London Underground Limited UKEAT/01523/15/DA

Appeal to the EAT on the award of death in service and pension benefits to the dependent’s of an employee who died during the course of Employment Tribunal proceedings. Appeal to the Court of Appeal pending.

Sergeant & Others v Department for Constitutional Affairs & Others

Acting for the Claimants (led by Andrew Short QC) in this claim brought by over 6000 firefighters claiming age discrimination, equal pay and sex and race discrimination in relation to the transitional provisions of the new firefighters’ pension scheme.

Lees v Imperial College of Science Technology & Medicine UKEATPA/0526/15/RN

Appeal to the EAT on an age discrimination claim relating to an employer’s refusal to declare an employee redundant in circumstances in which an enhanced pension would be due.

Weerasinghe v Basildon & Thurrock NHS Trust UKEAT/0397/14/RN

Two appeals to the EAT during 2015 – one on the meaning of the term ‘cross appeal’ in the context of EAT procedure, and the second on the correct approach to be taken by an Employment Tribunal in deciding whether there has been discrimination arising from disability.

Tan v McDermott, Will & Emery

Successful claim for pregnancy discrimination, victimisation and unfair dismissal brought by senior solicitor.

Appointments & Memberships

  • APL
  • ELBA

Areas of Law


Recommendations


Lydia Seymour Accreditations

Testimonials


“Always well-prepared, she’s flexible, unfussy and totally on the ball.” Chambers & Partners 2016

“She is able to instill a high degree of confidence in her clients; she takes account of all of their issues and is able to present them in a very effective way.” Chambers & Partners 2016

“Razor-sharp, with encyclopedic knowledge of the constantly shifting field of employment law.” Legal 500 2015

“Very collegiate and always willing to put herself out.” “She has really good insight into how to present a case effectively, and is very calm even in the most tense situations.” Chambers & Partners 2015

“Extremely insightful and a very creative thinker”, “thorough, thoughtful and commercial” and “calm, thoughtful and a great advocate.” Chambers & Partners 2014

“Fights tooth and nail to enhance her client’s position.” Legal 500 2014

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