Andrew Allen KC

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Andrew Allen KC has a successful employment and discrimination practice encompassing:

  • TUPE
  • Whistleblowing
  • Contractual disputes
  • Discrimination – including within partnerships
  • Equal pay
  • Restrictive covenants
  • Unfair dismissal
  • Redundancy
  • Working time
  • Minimum wage,
  • Parental and carer’s rights
  • Collective disputes
  • Remuneration and bonuses.

Andrew appears in employment, discrimination and other civil matters in the ET, EAT, County Court, High Court and Court of Appeal as well as in internal and professional disciplinary and regulatory disputes. He has appeared in the employment tribunals in England, Wales, Northern Ireland and Scotland.

Andrew has undertaken a number of internal investigations including in a large international corporation and a charity. Andrew also acts as a mediator.

His clients include private individuals and national and international corporations, central and local government, Transport for London, Police Forces, NHS Trusts, and Housing Associations. Andrew has particular experience in cases involving members of the legal profession and the judiciary and he has advised and represented a number of firms of solicitors, barristers and sets of chambers in employment and discrimination complaints.

Andrew has been sitting as a fee paid Employment Judge since 2011. He was assigned as a fee paid Immigration Judge between 2017 and 2020. He was appointed as a Recorder in the Crown Court in 2018 and has also been sitting as a Recorder in the County Court since 2021. Andrew was appointed to the Attorney General’s A Panel of Junior Counsel to the Crown in 2017.

Andrew is the co-author of Employment Law and the Human Rights Act 1998.

Expert Witness in Islamic & Middle Eastern Law

Andrew has advised as an expert witness in the courts of England and Wales in a number of cases involving the laws of Pakistan, Bangladesh, United Arab Emirates, Saudi Arabia, Somalia, Egypt, Lebanon, Jordan, Yemen, Oman, Morocco, Tunisia, Iran, Iraq, Syria and Libya. The subject matters ranged from laws regulating banking in Islam to questions relating to adoption, child custody, abortion, marriage, divorce, and inheritance.

Andrew has an MA in law from Christ’s College, Cambridge; an LLM in Islamic and Middle Eastern Law from the School of Oriental and African Studies, University of London; and an MSc in Sociology from Birkbeck, University of London. Andrew was Deputy Director of the Centre of Islamic and Middle Eastern Law at the University of London 1996-1999.

Notable cases in which Andrew has been an expert witness include: Hackney LBC v JC Family Division [2015] EWHC 742 (Fam) and Borg v El-Zubaidy [2017] EWFC 58.


Andrew represents both employers, employees and workers across the full spectrum of employment law issues. He is regularly in the Employment tribunal, Employment Appeal Tribunal, High Court and Court of Appeal.

Notable Employment & Discrimination Cases

Hewston v Ofsted [2023] EAT 109 [2023] IRLR 878, EAT – Instructed on behalf of the Respondent in the EAT exploring whether it is possible to dismiss for a matter for which specific forewarning had not been given.

McDermott v Sellafield [2023] EAT 60 [2023] IRLR 639, EAT  – Acting for Claimant / Appellant HR Professional contractor in whistleblowing claim alleging multiple examples of a toxic work environment. This case has significance for Agency relationships in whistleblowing cases and the degree which background context can be relevant to whistleblowing allegations. See press coverage here.

Ministry of Justice v Dodds [2023] EAT 31 [2023] ICR 715, EAT – Leading Alex Line in this important appeal  on behalf of the Respondents in a claim under the Part Time Worker Regulations brought by numerous circuit judges acting up in the High Court. Legally significant in terms of whether these judges were part time; whether they could compare themselves with High Court Judges; whether the reason for the differential in pay was any part time status; and whether the treatment could be objectively justified.

Syzmaniak v The Elliot Foundation Academies Trust [2021] Acting for Claimant in whistleblowing and constructive dismissal claim brought by Headteacher against Academy Trust following disclosures of financial irregularities. This case has significance for the way in which Academy Trusts are managed and the relationships between Headteachers and the increasingly large organisations that employ and control them.

Ishola v Transport for London [2020] EWCA Civ 112 [2020] ICR 1204, Court of Appeal – Acting for Transport for London in this successful appeal concerning the meaning of ‘provision, criterion or practice’ (PCP) for employers when making reasonable adjustments in respect of a disabled person. Important guidance given on when a ‘one off’ act can constitute a PCP.

Jesudason v Alder Hey Children’s NHS Foundation Trust [2020] EWCA Civ 73 [2020] ICR 1226, Court of Appeal – Whistleblowing appeal which clarified the law as to whether the manner in which an employer responds to a whistleblower can amount to a potential detriment. This will have implications on how a whistle-blower is treated when making protected disclosures.

The Mayor & Burgesses of the London Borough of Lambeth v Agoreyo [2019] EWCA Civ 322 [2019] ICR 1572, Court of Appeal – Led Stephen Butler in this appeal concerning implied term of mutual trust and confidence.

Antuzis & Others v DJ Houghton Catching Services Ltd & others [2019] EWHC 843 (QB), [2019] IRLR 629, High Court – A leading authority on the interaction between a Director’s personal liability and his/her duties under the Companies Act 2006.

Park Chinois Limited v Ozkara & others [2019] UKEAT 0224/18/DA, EAT – Practicability of reinstatement.

Canning v National Institute for Health and Care Excellence [2019] UKEAT/0241/18, EAT – Age discrimination and interviews in reorganisations.

Lofty v Hamis [2018] IRLR 512, EAT – Acting on behalf of the claimant employee. Successfully argued the definition of pre-cancer for the purposes of disability discrimination. More on the case can be found, here.

Ahir v British Airways Plc [2017] EWCA Civ 1392, Court of Appeal – Strike out of discrimination claims.

Grainger v North East London NHS Foundation Trust [2017] IRLR 981, High Court – Successful in defence of allegations of breach of contract by failing to carry out a formal job evaluation which would have resulted in an increase in pay. This decision clarifies the contractual effect of the Job Evaluation handbook and interpretation of NHS contracts.

Gareddu v London Underground Ltd [2017] IRLR 404, EAT – Successful for the respondent employer in this case which concerned a Catholic London Underground worker, who sued TFL when they refused to give him five weeks holiday entitlement for religious festivals. The employment tribunal rejected his religious discrimination case, which was then dismissed by an appeal judge. Press coverage, regarding this case can be found here.

Kansal v Tullett Prebon UKEAT/0147/16/DM, EAT – Race discrimination – drawing of inferences.

Rowe v London Underground Ltd UKEAT/0125/16/JOJ, EAT – Whether injury to feelings must be awarded as a remedy in health safety cases.

Lamb v The Business Academy Bexley UKEAT/0226/15/JOJ, EAT – Disability discrimination – reasonable adjustments.

Kibirango v Barclays Bank Plc UKEAT/0234/14/JOJ, EAT – Direct race discrimination – adequacy of reasons.

Higgins v Home Office [2015] ICR D19, EAT – Time limits, early rejection of claim forms.

Mihaj v Sodexho Ltd [2014] ICR D25, EAT – Interim relief, trade union activities.

Meter U Ltd v Ackroyd [2012] I.C.R. 834, EAT – TUPE – sham transactions.

Deakin v Kuehne & Nagel Drinks Logistics Ltd [2012] I.R.L.R. 513, Court of Appeal – Working time, interpretation of contracts.

Central Manchester University Hospitals NHS Foundation Trust v Browne [2012] Eq. L.R. 318, EAT – Race discrimination – construction of a hypothetical comparator.

Dynamex Friction Ltd v Amicus [2009] ICR 511, Court of Appeal – Circumvention of TUPE, administrator as unwitting tool.

Kimberley Group Housing v Hambley [2008] ICR 1030, EAT – TUPE, multiple respondents and apportionment of liabilities.

Robinson v Tescom Corporation [2008] IRLR 408, EAT – Unfair dismissal – amendment to terms and conditions.

Draper v Mears [2006] IRLR 869, EAT – Unfair dismissal – sufficiency of reasons.

Related updates

Andrew Allen KC is regulated by the Bar Standards Board (BSB) and holds a current practising certificate. If you are not satisfied with the service provided, please click here.

"Andrew is exceptional - very good with clients and a great advocate."; "Andrew is my go-to barrister. He is a pleasure to work with, always calm, considered and technically brilliant. He has the ability to break cases down into simple chunks and build lasting relationships with clients which go a long way."

Education, Chambers & Partners 2024

'Andrew is a respected silk. His advocacy stands out.'

Employment, Legal 500, 2024

“He is a highly capable advocate with excellent client-handling skills.”

Employment, Chambers and Partners

"Very personable, able to address complex issues in a manner that lay clients can understand, excellent attention to detail, and a sensible, probing approach to cross-examination. His legal argument is sound and very persuasive, and he shows great initiative."

Employment, Legal 500 2023

"He has a real skill of gently cross-examining and using that to get results by beguiling people into a false sense of security."

Employment, Chambers & Partners 2022

"He is all over the detail, he cross-examines skilfully, he is well prepared, he is calm, he writes well and he is an effective advocate."

Employment, Chambers & Partners 2022

"Andrew is all over the detail and his cross-examination skilfully draws out major inconsistencies in the witnesses' evidence. His lay clients are vastly reassured by Andrew’s vast experience and his valuable insight from his perspective as a sitting employment judge."

Employment, Legal 500 2022

"He is a force to be reckoned with and an absolutely fantastic advocate."

Employment, Chambers & Partners 2021

"He has excellent client care skills and is incredibly intelligent."

Employment, Chambers & Partners 2021

"Calm, authoritative, cuts to the chase, excellent on technical detail, and very client friendly."

Employment, Legal 500 2021

"Incredibly bright, really astute and gives good legal and practical advice."

Employment, Chambers & Partners 2020

"A wonderfully charming advocate who is a pleasure to work with."

Employment, Chambers & Partners 2020

"A most impressive, elegant and formidable opponent."

Employment, Legal 500 2020

"A skilled and charming barrister who remains undeterred by any obstacles he may encounter in court."

Employment, Chambers & Partners 2019

"He is vastly experienced and inspires complete confidence."

Employment, Legal 500 2019

“An excellent barrister. He's good with clients, calm, thorough, and he has excellent legal knowledge.” 

Employment, Chambers & Partners 2018

“Easy to deal with and good with clients. He has an effective advocacy style.” 

Employment, Chambers & Partners 2018

"He is experienced and measured, and engages well with clients."

Employment, Legal 500 2017

"He is vastly experienced, immediately identifies the core issues in a case and is able to inspire complete confidence in both solicitors and the lay client."

Employment, Chambers & Partners 2017

"His directness is refreshing; he will answer your question and nothing in what he says is unnecessary."

Employment, Chambers & Partners 2017

"He really impresses with his command of the facts and law."

Employment, Legal 500 2016

"A brilliant employment senior-junior."

Employment, Chambers & Partners 2016

"He is excellent, very sensible and has a good sense of humour."

Employment, Chambers & Partners 2015

"He is incisive and measured, and gets on top of the brief quickly."

Employment, Legal 500 2015

"He has strong interpersonal skills, and is one of the most client-centric barristers I've come across." "He is precise, goes to the right level of detail and gives sound commercial advice."

Employment, Chambers & Partners 2014

"Always a pleasure to work with."

Employment, Legal 500 2014

"Andrew Allen quickly gets to grips with factually and legally complex issues in cases."

Employment, Legal 500 2013

"I have the highest regard for Andrew Allen's legal knowledge and skills. He has an excellent rapport with clients, a good knowledge of the law and a very practical and helpful approach to working with solicitors and their clients. Andrew goes, where necessary, well beyond what other counsel are willing to do, often working out of hours, in pressured situations. His advocacy is of the highest standard."

Employment, Chambers & Partners 2010

"Excellent lawyer, very amiable and approachable but also very professional and to the point."

Employment, Chambers & Partners 2010

To find out more, contact Nick Levett on +44 (0)20 7427 4908 or Mark Gardner on +44 (0)20 7427 4909 for a confidential discussion.

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