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Peter Linstead

Peter Linstead

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Ranked as a “leading junior” in UK Employment Law, Peter Linstead’s practice focuses on four main areas:

  • commercial work, often relating to the termination of employment, including employee competition injunctions;
  • all areas of mainstream employment and discrimination, at tribunal and appellate level;
  • workplace stress and harassment claims in the civil courts; and
  • litigation in the Dubai International Financial Centre courts (DIFC).

He aims to bring to his work a real understanding of his clients’ needs combined with commercial and tactical awareness gained during many years of litigation and advocacy experience.

He has extensive experience in the EAT and Employment Tribunal, dealing in particular with TUPE, Equal Pay and Discrimination, and often appears against QCs. He has appeared un-led in the Court of Appeal on a range of matters including public sector equal pay, race discrimination and costs. He is also the Editor of the Tolley’s Employment Law Service section on ‘Absence from Work’.

His experience in the High Court and County Court means that he is often chosen for civil claims arising from the termination of the employment relationship including injunctions, bonus claims, breach of fiduciary and fidelity duties, share schemes and partnership/LLP member disputes. Peter’s recently published book: “Restraining Competition by Employees” is a concise practical guide to restrictive covenants and injunctions in this area.  For more information, click the link here.

He has run a number of professional negligence claims arising from the provision of legal services.

Often instructed by senior executives and employers in stress claims (generally High Court PI claims involving negligence and the Protection from Harassment Act), he has an exceptional knowledge of this area and of the cross over between the civil courts and tribunals.

Peter Linstead’s international practice focuses on the Courts of the DIFC and he is currently instructed in a range of cases in that jurisdiction.  He has expertise in the DIFC’s Court Rules and Employment Law and has recently been involved in drafting aspects of DIFC primary legislation.  He also advises in the Isle of Man jurisdiction.

His commercial work frequently involves ADR and he is currently obtaining accreditation as a mediator with the Chartered Institute of Arbitrators.

Forthcoming Seminars

On 27 April and 4 May 2021 Peter will be presenting an in depth, two-part webinar on the law of stress claims: Claims for Stress & Psychiatric Injury in the Workplace – Live at Your Desk.  

For further information or to book, click here.

Employment & Discrimination

Employment Status

Johnson v Mytaxi Ltd  2303018/2018 (London South ET) [Judgment July 2020]

Successfully represented Mytaxi, the Respondent, in resisting a claim by a London Hackney carriage driver using their ride hailing app that he should be treated as a worker for the purposes of the Working Time Regulations 1998, the National Minimum Wage Act 1998 and the Employment Rights Act 1996. This is one of the most important recent cases relating to the ‘gig economy’ and it contained a number of parallels with the Uber employment status litigation.

R v Canute Haulage Group Ltd, Coventry Crown Court (2018)

Acting as specialist employment counsel for the successful Defendant company in corporate Health & Safety prosecution following a fatality, where the defence turned on the question of whether company was correctly identified as the deceased’s employer (led by Ben Compton QC).


Discrimination

Tennant v Tesco Stores [2020] IRLR 363

Represented the Claimant at an EAT relating to a novel issue about the definition of disability.  The issue was whether, having established that a condition “has lasted” 12 months under Schedule 1 Paragraph 2 of the Equality Act 2010, the employee counts as disabled from the beginning of that 12 month period or only at the end.

Parnaby v Leicester City Council UKEAT/0025/2019/BA (2019)

Represented the Council at final hearing of appeal on disability discrimination turning on whether judge had correctly applied Schedule 1 Paragraph 2 of the Equality Act 2010 in relation to the question of whether the substantial impairment was likely to last 12 months, heard in July 2019.

Adams v Santander UK plc UKEATPA/0344/17/JOJ (2018)

Represented the Bank in appeal concerning the inter-relation between a finding that disability discrimination could not be objectively justified and a finding of unfair dismissal.

London Borough of Southwark v Nimmons, (September 2016)

Succeeded in EAT appeal for Respondent on grounds of “substitution” of Judge’s view under s.98; led to remission of whole case for re-hearing before differently constituted Employment Tribunal.

Olaleye v (1) Liberata UK Ltd (2) London Borough of Southwark (October 2016)

(Employment Tribunal, EAT and Court of Appeal) Simultaneously instructed by Pinsent Masons and Southwark Council on behalf of 8 Respondents (2 employer and 6 individual), Peter appeared in the EAT appeal in 2015, taking a novel point on time limits and compliance with the rules. These 4 conjoined disability discrimination and TUPE related claims against Claimant’s current and former employers have run for 4 years.

Alao-Babson v RNIB UKEAT/0317/15/RN (February 2016)

EAT appeal of claim for religious discrimination arising from a preacher’s belief in a calling to preach on Sundays conflicting with his shift requirements at work.

Duffy v TNS (UK) Ltd, London South ET (2015)

Un-led, represented the CEO of a FTSE 250 company against a QC and Junior team in a 4 week long sex discrimination and whistleblowing claim valued at £7 million.

Johnson v MITIE Asset Management UKEAT 0046/14/LA (2014)

Represented appellant in appeal under s.15 Equality Act 2010 (discrimination arising from disability) and S.103A ERA 1996 (public interest disclosure)

Bowers v National Institute Health and Clinical Excellence UKEAT 0173/14/JOJ (April 2014)

Represented appellant in first case in the EAT on application of the 2013 Rules of Procedure on extension of time limits in relation to application for written reasons for judgment.

Mckinson v Fossil UK Ltd, London East ET (December 2014)

Successfully represented the Respondent, a high street fashion brand, in opposing a claim for sexual harassment by a female employee against a female senior manager.

St Christopher’s Fellowship v Walters-Ennis [2010] EqLR 82, Court of Appeal

Represented the successful claimant at ET, EAT and on appeal to the Court of Appeal in appeal concerning the correct application of the burden of proof in race discrimination.

Keane v Investigo & Ors (ET and EAT 2010)

Instructed by 5 solicitors’ firms simultaneously for 6 company clients in age discrimination claims. Achieved the highest then known respondent’s costs order in the ET (£144,000).  In the EAT established new principle on the meaning of detriment and successfully resisted appeal of the costs decision (The Evening Standard, The Daily Mail, The Daily Telegraph 26.11.08).


Equal Pay

Peter Linstead has provided in-depth training on the law and procedure of public sector Equal Pay claims to local authorities, including Leicester City Council.


Applied Market Information v Satterthwaite 1402506/11 (September 2013)

Represented the Respondent market information company, successfully resisting a private sector equal pay claim. The case was factually and legally complex and occupied 8 days in the employment tribunal.

Ebbs v Oxford Brookes University and Secretary of State for Education, Court of Appeal (February 2009)

Represented University in successfully resisting application for permission to appeal from EAT decision on a public sector Equal Pay claim.

Brenda Clayton v (1) City Of Bath College (2) Secretary Of State For Education And Skills UKEAT/0283/06/CK  (2007)

Successfully represented appellant in EAT on public sector equal pay claim where the appeal turned on the correct application of time limits under the Equal Pay Act 1970.


Regulatory work

National College for Teaching and Leadership v Culley NCTL 15872 (2018)

Appeared on behalf of teacher, successfully resisting a charge of unprofessional conduct and a potential prohibition order.

Peter Linstead has also appeared before the Civil Service Appeals Board and the Nursing and Midwifery Council.

 

 


Peter Linstead 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.

Areas of Law


Testimonials


“A very accessible barrister who supports clients on employment law.” Commercial law, Legal 500 Middle East 2021

“Incisive, gets to the heart of an issue and technically excellent; he is also very practical and generous with his time.” Employment, Legal 500 2021

“Extremely bright, thorough, competent and has an excellent manner with clients putting them at their ease.” Employment, Legal 500 2020

“He has an excellent grasp of the law.” Employment, Legal 500 2019

He is extremely able and very good with clients.Employment, Legal 500 2017

He drills into the detail and is highly intelligent.” Employment, Legal 500 2016

You can always depend on him to do a first-class job, not only in tribunal but also with clients.” Employment, Legal 500 2015

I find him easy to work with and good with clients.  He is good on his feet and a skilful cross examiner….  He has good attention to detail and his technical knowledge and submissions are second to none.” Chambers & Partners 2014

Recommendations


 

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