Andrew Allen KC

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.