Oliver has an expanding tribunal, appellate and advisory Employment practice. He receives repeat instructions from both Claimant and Respondent employment firms on cases across the full range of statutory employment, commercial employment and discrimination law. He acts in complex litigation at first instance and on appeal, working with clients in the NHS, financial services, food, tech and retail sectors.
Oliver has significant experience as a trial and appellate advocate relative to his year of call and has appeared in the Court of Appeal (led), the EAT (unled) and many times in the ET, often against more senior counsel. He is also regularly instructed to draft pleadings, advices and witness statements. He has significant experience of discrimination and whistleblowing cases, as well as unfair dismissal, unlawful deductions, and TUPE.
Current and recent highlights of Oliver’s cases include:
Successfully appearing led in the Court of Appeal in Planon Limited v Gilligan, examining the enforceability of a non-compete covenant and the relevance of its impact on the employment prospects of the employee (led by Timothy Sheppard) (Restrictive Covenants).
Appearing unled in the High Court in ATAC Solutions v Crotty, resisting an application for an interim injunction in a claim for breach of restrictive covenants which turned on issues of enforceability and cause of action estoppel (Restrictive Covenants).
Successfully appearing unled in the EAT against more senior counsel in Dogra v Acetrip Limited (liability). The judgment has since been reported as a leading authority on the test for out of time appeals. The final hearing involved complicated issues of remedy. Oliver acted at all stages of proceedings. (Time Limits)
Appearing unled in the EAT in Dogra v Acetrip Limited (remedy), examining issues of remoteness, causation and procedural fairness. The judgment is an authority for the approach to be followed by the ET when departing from a schedule of loss. (Remedy – Remoteness)
Successfully appearing in the Employment Tribunal representing a specialist tax advice company in a 7-day hearing against claims of automatically unfair dismissal, whistleblowing detriment and direct disability discrimination (Whistleblowing, Equality Act).
Successfully appearing in the Employment Tribunal against more senior counsel representing the Claimant in a 5-day hearing against a provider of fire alarm and detection systems to determine claims of unfair dismissal and whistleblowing detriment (Whistleblowing, Unfair Dismissal).
Successfully appearing in the Employment Tribunal representing local authorities in 5-day hearings against claims of age discrimination and/or victimisation (Equality Act).
Successfully appearing in the Employment Tribunal representing the Claimant in an unfair dismissal hearing which focused on the interaction between the TUPE Regulations and ordinary unfair dismissal (TUPE, Unfair Dismissal – Misconduct).
Successfully appearing in the Employment Tribunal representing an electrical wholesale distributor in an unfair dismissal hearing examining the reasonableness of redundancy criteria. (Unfair Dismissal – Redundancy)
Successfully appearing in the Employment Tribunal representing a well-known pub chain in an unfair dismissal hearing turning on allegations of racism and sexual obscenity (Unfair Dismissal – Misconduct).
Successfully represented the Claimant in a claim for unfair dismissal against a car dealership involving questions whether communications were without prejudice and/or covered by s.111A ERA. (Pre-termination Negotiations)
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