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Employment & Discrimination

"Outer Temple Chambers impresses with its work representing claimants in major, large-scale claims involving equal pay and challenges to pension reforms."

Chambers and Partners 2020

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Please contact Nicholas Levett (+44 (0)20 7427 4908).

Our experienced clerks will be pleased to provide you with more details of our expertise in this area.

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Despite the recent disruption caused by the COVID-19 pandemic, we at Outer Temple Chambers are still offering a full range of our advisory and advocacy services to our clients. Our team have a wide-range of expertise and are well placed to offer advice to both employers and employees throughout this unprecedented and challenging time. Members of the team are providing advice and remote training sessions on Furlough and other COVID-19 related matters. We are able to offer a range of remote working solutions so that you can continue to be provided with the highest levels of service throughout this period.

Our employment & discrimination team continues to reinforce its reputation as a leading authority in many of the recent groundbreaking cases. The team was recognised as Employment Set of the Year 2019 by the Chambers UK Bar Awards in October 2019. Furthermore, Andrew Short QC was awarded Employment Silk of the Year by the Legal 500 in March 2020.

Employment & Discrimination Barristers

Our employment & discrimination barristers are at the forefront of developments in various areas of employment law, including: equal pay, working time and holiday pay, disability discrimination and whistleblowing. A number of members are appointed to the Attorney Generals list of approved counsel and act for Government departments in employment matters.

Andrew Short QC, Keith Bryant QC, Naomi Cunningham, Naomi Ling, Saul Margo, Paul Livingston and Stephen Butler are all involved in the mass claimant equal pay claims (tens of thousands of claimants) against ASDA, Sainsbury’s, Next Retail, Morrisons and Tesco. Claims that follow on from our involvement in equal pay claims in the public sector against Birmingham City Council and others.

We have secured what is thought to be the highest award for Disability Discrimination, £4.7 million, for a claimant against the Royal Bank of Scotland PLC, Royal Bank of Scotland PLC v AB UKEAT/0266/18. Gerard McDermott QC and Will Young acted in both the Employment Tribunal and in the Employment Appeal Tribunal for AB.

Our employment team are involved in each of the successful challenges to the public sector pension reforms brought by hundreds of Judges and thousands of Fire Fighters, Police Officers, Doctors, Prison Officers and MOD workers. See McCloud v Lord Chancellor; Sargeant v LFEPA [2018] EWCA Civ 2844.

Members have have also been involved in two of the most important recent discrimination appeals in the Supreme Court:-

Sarah Crowther QC acted for the successful Appellants in the Northern Ireland ‘gay cake’ case, Lee v Ashers Baking Company Limited & ors [2018] 3 WLR 1294

The first appellate case to consider the meaning of ‘unfavourable treatment’ in the Equality Act 2010, Williams v The Trustess of Swansea University Pension and Assurance Scheme & anr [2018] UKSC 65, was successfully resisted by Keith Bryant QC & Saul Margo.

Alexander Line was recently instructed in J v K & Another [2019] EWCA Civ 5, in which he successfully represented the Claimant in the Court of Appeal. The decision was made to grant an extension of time to an Appellant whose notice of appeal and specified documents exceeded the email file size limit.

Other important appellate decisions include Lofty v Hamis [2018] IRLR 512 EAT, a decision in which Andrew Allen QC was successful and one that clarified the definition of cancer for the purposes of disability discrimination.

Our involvement in disputes in the High Court involves Public and Private sector parties. Such recent decisions have included Antuzis & Others v DJ Houghton Catching Services Ltd & others [2019] EWHC 843 (QB), a leading authority on the interaction between a Director’s personal liability and his/her duties under the Companies Act 2006, and Grainger v North East London NHS Foundation Trust [2017] I.R.L.R. 981 on the interpretation of NHS contracts.

Outer Temple Chambers continues to be a preferred port of call where specialist expertise in pensions or financial services law is required, or where large equal pay claims are pursued through the civil courts. We have unrivalled crossover expertise in key related areas, including; pensions, financial services, security vetting, partnership and regulatory law.

We prioritise commercial sensitivities in litigation and advisory work concerning business protection and employees rights, and provide advice and expertise in mediation, arbitration and other methods of alternative dispute resolution.

Hear from our Employment experts

Our members have recently collaborated on a series of webinar Q&As to provide virtual employment advice on a range of topics including:

  • Objective justification and age discrimination
  • Proceedings in a different fora
  • Civil claims for stress and harassment
  • Health & safety dismissals
  • Pension claims in the employment tribunal
  • Time limits
  • Personal injury claims in ETs
  • Harassment
  • Disability discrimination – unfavourable treatment
  • territorial jurisdiction
  • Sex, gender and occupational requirements
  • Dismissal or resignation
  • Vicarious liability
  • Whistleblowing

Recordings of these webinars will be available to view here soon. In the meantime, to participate in the live sessions please visit:

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