4KBW
Legal 500

Employment

4KBW Employment Law Specialists

Chambers undertakes a full range of employment law cases acting for both claimants and respondents. Members are regularly instructed to advise and appear at employment tribunals, county courts, the Employment Appeal Tribunal and the High Court in all areas of employment matters.

Our expertise covers a range of specialist areas, including:

  • Unfair dismissal
  • Discrimination
  • Victimisation and harassment
  • Trade unions
  • T.U.P.E.
  • Breach of contract
  • Restrictive covenants and restraint of trade
  • Wages claims
  • Personal injury claims for work-related stress
  • Immigration law
  • Actions against the Insolvency Service

Notable Cases Include

  • Johnson v UKBA UKEAT/0127/14/BA (August 2014): Represented the respondent in an appeal against the Tribunal’s decision to strike out the claimant’s claim and award costs on day three of the hearing following unreasonable conduct.  click here
  • Veolia v Gumbs [2014] UKEAT/0487/12: Following a claim in which the claimant had been awarded damages for race discrimination, John resisted an appeal by the employer. The main issue in the appeal was whether the tribunal had been entitled to take account of its rejection of the employer’s explanation for treatment of the claimant in deciding that the burden of proving a non-discriminatory reason had shifted to the employer. click here
  • Ministry of Defence v Hensman UKEAT/0067/14/DM (June 2014): Represented the appellant in a successful appeal against the Tribunal’s application of the law and findings of disability discrimination and unfair dismissal. click here
  • Embassy of Brazil v DA de Castro Cerqueira [2014] All ER (D) 42 (Jul): Represented the claimant in an appeal brought by their former employer in which the EAT had to consider the validity of service of proceedings abroad under the State Immunity Act 1978. click here
  • Arriva London Limited v K Eleftheriou, UKEAT/0272/12/LA (2012): After successfully representing the claimant and securing his reinstatement at the employment tribunal in his claim for unfair dismissal, successfully resisted an appeal of the reinstatement order and cross-appealed a Polkey deduction, achieving a higher monetary award.
  • Sivanandan v AFL and others (2012): Represented a respondent to a discrimination claim involving numerous allegations against several respondents, the final hearing of which initially lasted nineteen days with additional dates being added.
  • S Farnaud v Dr Hadwen Trust (2012): Represented the claimant research doctor in unfair dismissal proceedings.
  • Balfour Beatty Rail Ltd v Mitchell, UKEAT/0269/11/JOJ (2012): Represented the claimant in the respondent’s appeal in respect of the correctness of the Employment Tribunal’s application of the law regarding vicarious liability in a claim of sexual harassment.
  • Blake v Pashun Care Homes Ltd [2011] EqLR 1293 (Watford ET): Successfully represented the claimant in a 4-day third-party sexual harassment claim.
  • Akiwumi v James Cubitt & Partners Ltd (2011): Successfully represented the claimant architect in a race discrimination and unfair redundancy dismissal claim.
  • John Amorifer Uzoamaka v Conflict & Change Ltd , [1999] ADR.L.R. 05/28 (CA): successfully resisted an appeal in an unfair dismissal claim; construction of contract: whether terms in a project handbook were contractual terms or unilateral statements on the part of the employer; whether breach of those terms could be relied upon to justify summary dismissal, notwithstanding that such a breach could not be classified as gross misconduct.

 

The Team

Nicola McKinney Called 2004
James Tunley Called 2005
John Ditchburn Called 2007
Jimmy Barber Called 2008
Helen McAteer Called 2008
Christopher Loxton Called 2009
Timothy Salisbury Called 2010