Paul is a civil practitioner specialising in Employment & Discrimination/Harassment, and Public Inquiries.

His work includes both written and oral advocacy in the Employment Appeal Tribunal, Employment Tribunal, County Courts, and in Public Inquiry hearings. He also advices on a wide range of employment and discrimination issues and has been continuously instructed as Counsel to the Inquiry on at least one Public Inquiry since beginning tenancy.

Paul was appointed to the C Panel of the Attorney General’s Counsel to the Crown in 2020 and undertakes public law work in his areas of specialism.

He is ranked as a Leading Junior in Inquests and Inquiries by both the Legal 500 and by Chambers & Partners guides, in which he is described as an “Extremely bright and gifted barrister” and as “the best junior you can ask for”.

Paul studied law at the University of Cambridge, where he received a Senior Honorary Exhibition. He continues to play football regularly and follows his beloved Celtic from afar.

 

Expertise

Paul regularly acts and advises in a range of Employment Tribunal claims and other employment matters.

He is regularly instructed to advise or represent large companies, SMEs, local authorities, individuals, charities and trade unions across a variety of sectors – including telecommunications, transport, healthcare, housing, retail, energy and education.

Paul is currently instructed on behalf of the Claimants in the landmark Asda equal pay litigation – the largest ever such claim against a private employer. He was Junior Counsel for the Claimants when one aspect of the case was heard the Supreme Court in the summer of 2020, and the case remains ongoing. Paul is also instructed on behalf of several thousand Claimants in the Tesco equal pay litigation.

He has also appeared in a number of Employment Appeal Tribunal cases, those being:

His caseload also includes acting in full merits hearings and preliminary hearings, advice, negotiations, and drafting. For example, Paul has appeared in multi-day Tribunal hearings on the following issues:

He has also advised on, negotiated in, and appeared at preliminary hearings on various TUPE-related matters, territorial jurisdiction, sexual orientation discrimination and harassment, sex discrimination and harassment, religious discrimination and harassment, whistleblowing detriment and dismissal, holiday pay, liability for acts of agency workers, pregnancy discrimination and sexual harassment.

Additionally, he has:

  • Advised a large facilities management company facing an application for statutory recognition of a trade union, including appearing before the Central Arbitration Committee.
  • Advised on the development of the discrimination and harassment reporting tool ‘Talk to Spot’, used by several large organisations including Davita, Monzo and the Bar Council.
  • Offered training to prospective Claimant and Respondent witnesses prior to their evidence at forthcoming trials.
  • Frequently done Pro Bono work for Advocate, ELIPS and for ‘Bail for Immigration Detainees’.

Given Paul’s extensive experience in both employment law and Public Inquiries, he is ideally suited to carrying out internal investigations and inquiries, and recently carried out an internal investigation following allegations of harassment against a senior member of staff at a high-profile company.

Paul also has experience appearing in Scottish Tribunals and prior to joining Outer Temple, Paul worked in the Employment Team at BT Legal, where he represented the company in around 20 Employment Tribunal cases.

Paul has been continuously instructed in public inquiries since the very beginning of his tenancy and therefore has significant experience.

He is currently instructed as Junior Counsel to the UK Covid-19 Inquiry, which has been set up to examine the UK’s response to and impact of the Covid-19 pandemic, and learn lessons for the future. Paul is working on Module 6, which will be examining the care sector.

He is also instructed as Junior Counsel to the Brook House Inquiry. This is a public inquiry into the mistreatment of individuals who were detained at Brook House Immigration Removal Centre in 2017, set up following a Panorama broadcast in September 2017. Paul’s role included questioning a large number of witnesses, as well as strategic planning and advice to the Chair on the Inquiry’s proceedings and final report.

Paul was, for several years, working on the Independent Inquiry into Child Sexual Abuse, the largest Public Inquiry ever in the UK at that time. He was instructed as Junior Counsel to the Inquiry on three different strands:

  • The Child Migration case study – looking at the responsibility of UK institutions for the sexual abuse of children who were part of the child migration programmes, in which children were moved from the UK to Australia and Canada. Public hearings, at which Paul was involved in oral advocacy, were held in 2017 and the Inquiry published its report in March 2018.
  • Children in the care of Nottinghamshire Councils – looking at the sexual abuse of children in the care of Nottinghamshire County and Nottingham City Councils over the previous four decades. The investigation focused particularly on the institutional responses to sexual abuse of children at Beechwood children’s home, in foster care, and harmful sexual behaviour. Three weeks of public hearings were held in October 2018, at which Paul was responsible for the oral questioning of several witnesses. The Inquiry published its report in July 2019.
  • Child sexual exploitation by organised networks – looking at the sexual exploitation of children across six different areas in England and Wales. The investigation held public hearings in October 2020, at which Paul questioned multiple witnesses. The Inquiry published its investigation report in February 2022.

He was also instructed for three years as Junior Counsel to the Independent Jersey Care Inquiry, which investigated the abuse of children in Jersey’s care system over many years.

Paul’s role in these public inquiries has involved inquisitorial advocacy, oral submissions, drafting, strategy, providing advice and analysing millions of pages of documentary evidence.

Related updates

Paul Livingston 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.

"Paul is a machine-like junior barrister, who knows his stuff around inquiry work. He is excellent in all areas, very good on paper, and nothing is ever too much."; "Paul is a good communicator and team member; he is able to contribute as an advocate in hearings."

Inquests & Public Inquiries, Chambers & Partners 2024

‘Paul is a junior with stellar qualities. He is highly intelligent, and has an easy and authoritative style in court.’

Inquests & Inquiries, Legal 500, 2024

'A committed junior whose arguments are concise, and he is able to sort the wheat from the chaff.'

Employment, Legal 500, 2024

“Paul is the best junior you can ask for. He gets to grips with very complicated material very quickly.”

Inquests & Public Inquiries, Chambers and Partners 2023

"Extremely bright and gifted barrister, with paper advocacy skills that are very good."

Inquests and Inquires, Legal 500 2023

"Paul turns work around quickly and always ensures that he understands the wider context of the subject matter."

Inquests & inquiries, Legal 500 2022

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

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