Employment and Equalities News

Employment and Equalities News

LATEST NEWS - Sarah Clarke provides an employment case law update for the past month

20th June 2017

3PB Employment barrister Sarah Clarke provides a case law update covering the past month. Sarah's update includes: Dismissal connected to absence because of cancer treatment was ... read more


Chambers & Partners UK 2017
Employment – Western (Bar) – Band 2


The set's employment group consists of 28 barristers, offering advice and advocacy on all aspects of contentious employment issues. Its members regularly appear in the Employment Tribunal and EAT, as well as the High Court and the Court of Appeal. In recent years, they have developed particular expertise in employment issues related to local authorities, along with the healthcare and transport sectors. Solicitors describe them as "a well-run set of chambers with approachable and responsive barristers."

Client service: "We have always found the clerks in particular to be proactive, helpful and polite." "They are willing to go the extra mile." Russell Porter is the senior clerk.


James Dawson – Band 2
Has a nationwide practice, representing both employers and employees with a focus on discrimination and unfair dismissal law. His crossover work in commercial law also contributes to his expertise in restrictive covenants and TUPE work.
Strengths: "He is incredibly bright, has an encyclopaedic knowledge of TUPE and provides a first-class and responsive service."
Recent work: Acted for a solicitor accused of gross misconduct in misleading the County Court. MacFarlane v BLM was a multi-day trial, including cross-examination of managing and senior partners in BLM. The Employment Tribunal found the claimant had been unfairly dismissed.

Gareth Graham – Band 3
Highly experienced in discrimination law and unfair dismissal. He is widely respected for his strategic approach to complex cases.
Strengths: "As well as being technically competent on legal issues, he is also able to demonstrate a good understanding of a client's business and its commercial drivers."
Recent work: Acted for the respondent in six cases of racial discrimination, harassment and victimisation against The Co-operative Group. 

Stephen Wyeth – Band 3
Experienced in high-value discrimination cases and has had notable recent success in complex multi-day discrimination claims. He is also highly regarded for his knowledge of TUPE, as well as the enforceability of restrictive covenants and confidentiality clauses.
Strengths: "He's an ex-solicitor and a part-time judge. He knows what he's doing and is good in presenting in a tribunal; he's had some phenomenal results for us."
Recent work: Successfully acted for the respondent in Swarzenbach t/a Thames-side Court Estate v Jones at the EAT. Wyeth persuaded the tribunal to uphold the decision, arguing that the claimant was not eligible for continuity of employment to pursue a claim of unfair dismissal.

Andrew MacPhail – Up and Coming
Esteemed for his experience in a diverse array of employment law disputes, ranging from whistle-blowing, discrimination and harassment, to equal pay, unfair dismissal and TUPE.
Strengths: "His experience at tribunal covers a wide range of employment law areas." "He is often instructed for complex multi-day discrimination and whistle-blowing hearings."
Recent work: Acted for the respondent council in Ms Meade v Oxfordshire County Council, an appeal against the judgment of the Employment Tribunal. Ms Meade's claims for whistle-blowing detriment were dismissed at appeal.

Chambers & Partners UK 2016
Employment – Western (Bar) – Band 2


3PB's employment law barristers work for both claimants and respondents on all kinds of contentious cases from the Employment Tribunal to the High Court, and are frequently instructed on restrictive covenant matters. In recent months, members have appeared in cases such as London Borough of Hillingdon v Meso, a complex appeal concerning a race discrimination claim which related to causation and the precision of such claims. They also acted in Woods v Somerset County Council, an appeal on the grounds of issues of procedure and the definition of casual work. "All of them are exceptionally good counsel," say solicitors. "They're timely on paperwork, good on their feet, give sensible suggestions in terms of settlement, and have good all-round ability."
Client service:  "The clerking is very personalised, they always ensure they understand our needs, and that we get barristers who follow our approach." "Russell Porter is their senior clerk, and he goes out of his way to make sure we're happy."


James Dawson
Acts for both claimants and respondents in a broad range of discrimination and unfair dismissal cases across the country. He also advises on confidential information matters and restrictive covenants.
Strengths:  "He clearly dedicates much time to the preparation of matters, and knows the papers back to front, so that he can use them to make points very clearly."
Recent work:  In the whistle-blowing case of England v St Edmund's School, he proved through cross-examination that the claimant's allegations of a colleague's inappropriate behaviour were false and unfounded.

Gareth Graham
Has represented high-profile employers and employees in Tribunal cases nationwide, and also acted for students in university disciplinary hearings and employees in professional internal disciplinary issues.
Strengths:  "He's well regarded, thorough and client-friendly." "He gets the points across quickly and he's good at cross-examination."
Recent work:  Acted for the appellant in the Employment Appeal Tribunal case of Vodafone v Miss A Nicholson.

Andrew Macphail
Has represented both claimants and respondents in matters concerning issues as diverse as whistle-blowing, unfair dismissal, TUPE, equal pay, unlawful deductions and breach of contract.
Strengths:  "He's calm and reassuring, and has a confident approach. He always delivers and always gets good results." "He's sensible, gives the client confidence, and can boil down the information to its essential points."
Recent work:  Successfully represented the claimant in the case of Woodford v Gowrings in the Employment Tribunal. The claimant alleged wrongful and unfair dismissal following the employer's accusations of misconduct.

Stephen Wyeth
Handles high-value or multi-day unfair dismissal and discrimination cases. He also tackles TUPE and restrictive covenant cases for both employers and senior employees.
Strengths:  "He's personable, detailed, conscientious, and he puts an awful lot of work in." "He can pull out a great result from anywhere."
Recent work:  Successfully acted for the respondent in the Employment Appeal Tribunal case of Esparon t/a Middle West Residential Care Home v Slavikovska. This case, which had nationwide consequences, concerned the question of whether care workers on sleep-in shifts were entitled to the National Minimum Wage.

Chambers & Partners UK - 2015:
Employment – Western Circuit - Band 2 Set

This set acts for claimants and respondents on all aspects of employment law, and has experienced advocates across all levels. 3PB boasts particular expertise in the enforcement of restrictive covenants, and maintains strong relationships with nationwide legal insurance companies.

Client service: "The clerking is good there. Russell Porter, the chambers director, is particularly helpful - whenever we phone up he will bend over backwards to assist us."


James Dawson
Offers in-depth employment law expertise to clients on complex cases concerning issues such as race discrimination and breaches of restrictive covenants. He is also a part-time employment judge.
Expertise: "He is a clear, technically astute advocate who is very thorough and approachable." "His knowledge of law is almost nerdy, and he uses it to such a powerful extent that he is incredibly convincing."
Recent work:Instructed by Larchcroft Education Trust on a claim against one of its schools concerning race discrimination and constructive unfair dismissal. 

Andrew Macphail
A junior who advises exclusively on employment law cases, often involving complex, multiple-day tribunal hearings. He has particular experience of cases relating to equal pay litigation.
Expertise: "He is a thorough and systematic barrister. You always know when Andrew is instructed that he will devote his full care and attention to the case." "He's quite technical but very effective as an advocate, and always invested in his work."
Recent work: Represented Community Options as respondent at tribunal and the EAT, against a claim of unfair dismissal and failure to make reasonable adjustments.

Stephen Wyeth
Former solicitor and part-time employment judge, with strong experience of high-value discrimination claims. He also has noteworthy expertise in TUPE claims, particularly cases involving multiple respondents.
Expertise: "He is very proactive and well prepared at all times. His skills and abilities as an advocate, and his client management skills, belie his relatively junior call." "He was a solicitor for a number of years so he knows the commercial reality for his clients, as well as being pragmatic and approachable. He's always been succinct and helpful, even with general queries. His presentational style is adaptable."
Recent work: Represented outsourcing and distribution company Bunzl as the respondent in a tribunal claim of constructive unfair dismissal, concerning an alleged failure to provide a safe system of work and the instigation of a sham disciplinary process.

Gareth Graham
Experienced in a range of employment cases on behalf of clients from a variety of sectors, including recent success with governmental, engineering and automotive clients. Alongside his traditional employment practice, he regularly acts on internal professional disciplinary matters for clients such as rugby clubs and universities.
Expertise: "He is a reliable barrister who is willing to get stuck in."
Recent work: Acted for Horfield Health Centre on an unfair dismissal case brought by a claimant who was dismissed on the grounds of capability.

Simon Tibbitts
Frequently represents clients in tribunal courts nationwide, as well as at the EAT, in complex employment matters. He acts largely for respondents, with particular expertise in discrimination and whistle-blowing cases.
Expertise: "He always has the confidence and respect of the tribunal." "He is practical, and good at explaining difficult concepts in simple terms."
Recent work: Acted for an employer in a convoluted tribunal case involving two respondent companies, three claimants and two interpreters, concerning claims of race discrimination, victimisation, harassment and unfair dismissal.

Chambers & Partners UK: Employment - Western (Bar)

With a large employment practice of 32 barristers, 3PB has a wide employment offering and its members are instructed in High Court injunctive relief matters relating to the enforcement of restrictive covenants. The set handles advocacy at all levels, whether in the ET, EAT, High Court or the Court of Appeal. Recent case highlights include an appeal surrounding the non-payment of national minimum wage to care workers on call during ‘sleep-in’ shifts. The case was successful in the Tribunal at first instance.

Client service: “Both the clerks and barristers provide a very good level of service.”
Chambers & Partners UK Bar Guide 2014

The Legal 500 - The Clients Guide to Law Firms

Legal 500 Bar Directory – Rankings For 2016
Recommendations and Quotes


Employment – Leading juniors
James Dawson - He prepares exceptionally well for his cases and his cross-examination is second to none.
Sarah Bowen - She understands the demands placed upon solicitors and the limitations they sometimes have to work within.

REGIONAL BAR: South Eastern Circuit

Employment – Leading juniors
Andrew McPhail - A pure employment expert.

REGIONAL BAR: South Eastern Circuit

Employment – Leading juniors
Colin McDevitt - Brilliant at absorbing lots of detail and cutting to the main points.
James Dawson - He has a fantastic eye for detail, and first-class commercial and strategic instincts.
Stephen Wyeth - A straight-talking advocate, who gives commercial advice.
Gareth Graham - He has a great cross-examination style and is very effective.
Simon Tibbitts - Very thorough and very bright.
Matthew Curtis - A calm and effective advocate, who shows thorough preparation and meticulous attention to detail.

Legal 500 Bar Directory – Rankings For 2015
Recommendations and Quotes

REGIONAL BAR: Western Circuit

Employment – Leading juniors
Gareth Graham - He has an incisive and forensic approach to legal arguments, and is an excellent advocate
Colin McDevitt - He understands the law and the needs of the client alike
James Dawson - He quickly absorbs and analyses complex information in order to establish the relevant issues
Stephen Wyeth - He is able to very quickly sift through volumes of information to establish what is relevant
Simon Tibbitts - He goes above and beyond what one would expect
Matthew Curtis - He comes across confidently when delivering a case to tribunal.

Legal 500 Bar Directory – Rankings For 2014
Recommendations and Quotes

Ranked as a leading set Tier 2 in the South Eastern circuit

At 3PB, a core of individuals specialise in High Court injunctive relief matters relating to enforcement of restrictive covenants.

Ranked as a leading set Tier 2 in the Western Circuit

3PB’s employment team exhibits broad knowledge of areas such as, whistleblowing, equal pay and discrimination; Colin McDevitt was instructed in a number of complex cases involving the latter in 2013. The team was recently bolstered by the arrivals of Simon Tibbitts and Gareth Graham from Queen Square Chambers.

James Dawson - 3PB ‘He has a fantastic analytical mind and prepares exceptionally thoroughly.’
Gareth Graham - 3PB ‘Pragmatic, commercial and quick to grasp the most important issues.’
Colin McDevitt - 3PB ‘An astute advocate, who will always fight your corner.’
Simon Tibbitts - 3PB ‘He has vast knowledge of employment law, and is always on hand to answer queries.’
Stephen Wyeth - 3PB ‘Very knowledgeable and personable.’
Matthew Curtis - A very competent barrister, with excellent commercial and communication skills.

Sarah Clarke provides an employment case law update for the past month

20th June 2017

3PB Employment barrister Sarah Clarke provides a case law update covering the past month. Sarah's update includes: Dismissal connected to absence because of cancer treatment was ... read more

Employment law barrister Thomas O'Donohoe examines the impact of the general election's result on employment cases

20th June 2017

In the wake of the snap general election's result, employment law barrister Thomas O'Donohoe examines how employment cases may be affected. To read Thomas' analysis, ... read more

3PB Employment and Equalities Group partners with ACAS to deliver Employment Tribunals masterclass

31st May 2017

3PB's Employment and Equalities Group is partnering with ACAS to deliver a highly engaging Employment Tribunals: An Insider’s Guide masterclass for HR practitioners and people ... read more

Employment Case Law Update by Sarah Bowen – May 2017 Edition

22nd May 2017

Sarah Bowen, barrister in our Employment and Equalities Group brings you our latest Case Law Update. Please click here to view Sarah’s handout.

In Court of Appeal, Karen Moss successfully applied to set aside permission to appeal from EAT

22nd May 2017

Philcox v CGDM Ltd TA Andrew Wilson and Co Involved a lengthy employment tribunal hearing concerning allegations of unfair dismissal and very serious sex discrimination, ... read more

'Unreasonableness' in costs applications. Joe England considers small claims guidance and its application in Employment Tribunals

19th May 2017

Joe England considers the latest guidance provided by the Court of Appeal on 'unreasonableness' in relation to costs applications in the Small Claims Court, including ... read more

Thomas Acworth on Essop & Ors Home Office and Naeem v Secretary of State for Justice

18th May 2017

Thomas Acworth summarises an important decision given in Essop & Ors Home Office; Naeem v Secretary of State for Justice regarding indirect discrimination.  Click here for ... read more

Evidence in Disability Cases: where are we now? By Matthew Curtis

4th May 2017

Matthew Curtis reviews some recent decisions regarding evidential issues in disability discrimination cases, with a particular focus on: Stress as a disability Principal’s liability for ... read more

Colin McDevitt examines what Pimlico Plumbers v Smith tells us about Employment Status

4th May 2017

Colin McDevitt provides a useful analysis of the Pimlico Plumbers v Smith case, examining when the factors in a business/client relationship might amount to employment or ... read more

3PB Employment Barrister Katherine Anderson examines the implications of Peninsula v Baker on employer liability for acts of victimisation

13th April 2017

Katherine Anderson examines if an employer can escape “scot-free” from liability for an act of victimisation if it is ‘astute enough’ to instruct an innocent ... read more

3PB Employment Barrister Joe England succeeds at the EAT under the ELAAS scheme

10th April 2017

Appearing before Mrs Justice Laing DBE, Mr England was successful in obtaining permission to appeal at a rule 3(10) hearing as part of the ELAAS ... read more

3PB is pleased to welcome Matthew Curtis

10th January 2017

3PB is pleased to welcome Matthew Curtis (Call 2006), formerly of College Chambers, Southampton. Matthew joins 3PB’s Employment team, based in Winchester. Simon Astill CEO, ... read more

3PB's Employment Barrister Karen Moss successfully represents respondent in Hampshire County Council v Wyatt

13th October 2016

Karen Moss represented the successful Respondent in Hampshire County Council v Wyatt UKEAT/0013/16/DA on 13th October 2016. The President of the Employment Appeal Tribunal Mrs ... read more

Joe England successful before Simler J in providing protection for whistleblowers

1st August 2016

McTigue v University Hospital Bristol NHS Foundation NHS Trust (UKEAT/0354/15) In a judgment handed down last week, the President of the EAT, Simler J, provided ... read more

3PB Employment Barrister Richard Owen-Thomas addresses White Paper Conference

1st July 2016

Richard Owen-Thomas addressed the White Paper Employment Conference on 29 June on the extent of an employer's duty to investigate a grievance or disciplinary matter, ... read more

Joe England appeals decision on the scope of protection for whistleblowers provided by s.43K Employment Rights Act 1996

23rd June 2016

Joe England appeared before the new President of the EAT, Simler J, in an important case analysing the scope of protection for ‘whistleblowers’ at s.43K ... read more

3PB Barristers Employment team delivers Mock ET and Employment Law training to more than 200 ACAS delegates

10th June 2016

On 8 June, 3PB Employment barrister Sarah Bowen delivered an Employment Law Update at the ACAS South West conference in Bristol. Over 100 delegates attended. ... read more

3PB Employment Barrister Thomas O'Donohoe successful in Disability Discrimination case

3rd June 2016

Thomas O’Donohoe successfully represented the claimant in a claim for failure to make reasonable adjustments and s.15 disability discrimination at a 3-day final hearing at ... read more

Oliver Isaacs, 3PB Employment Law barrister, advises in rare reinstatement case in Tribunal

27th May 2016

Oliver Isaacs, employment law barrister at 3PB,  represented a Claimant in a rare case involving the reinstatement of an employee.  In Re L, the Manchester Employment ... read more

Jack Mitchell and Andrew Bousfield assist with whistleblowing report as Prime Minister aims to strengthen laws to protect whistleblowers

20th May 2016

Jack Mitchell and Andrew Bousfield were invited to attend the Prime Minister’s opening conference on tackling money laundering, corruption and strengthening whistleblowing protection. The Conference heard ... read more

Oliver Isaacs, 3PB employment law barrister, advises in high profile unfair dismissal Citibank NA case

28th April 2016

Oliver Isaacs, employment law barrister at 3PB represented Carly McWilliams in the high profile McWilliams v Citibank NA case. Judgment was recently announced with a ... read more

David Richards reviews Fleet Maritime Services v the Pensions Regulator, on the applicability of automatic pensions enrolment for peripatetic employees

26th April 2016

This case presents an interesting review by Leggatt J of the applicability of automatic enrolment provisions of the Pensions Act 2008 and the role of ... read more

Mark Green is successful in the EAT on the case of Brighton v Tesco UKEAT/0165/15/DM

18th April 2016

The matter was sifted to a 3(10) preliminary hearing before the President of the EAT, due to the apparent weakness of the case. Persuading Langstaff P ... read more

Another success for Mark Green in the EAT on the case of Ndebele v Kasterlee UKEAT/0307/15/DM

18th April 2016

The matter concerned a finding that the Claimant could not claim loss of earnings for periods in which she did not put herself forward for work (on a ... read more

Sleep-in Shifts and the National Minimum Wage: 3PB Barrister Joe England succeeds for national partnership of care homes

14th April 2016

Following the long line of appellate authorities and conflicting cases that have emerged in recent years, this week Joe England represented a care home business ... read more

Jack Mitchell and Joe England, employment law barristers at 3PB, acted in the recent and high profile NHS whistleblowing case of Dr Raj Mattu.

9th February 2016

The facts Dr Raj Mattu was employed as a cardiologist at the Walsgrave Hospital in Coventry. In 2001, Dr Mattu made protected disclosures concerning patient ... read more

Mark Green, 3PB barrister, successful in wine investment scam case

19th August 2015

Mark Green (Call 2006) appeared for the Secretary of State in a recent disqualification hearing against a fine wine company director, Nicholas Jones, who has ... read more

Simon Tibbitts, successfully represented the respondent employer in claims of race discrimination and victimisation

20th March 2015

Simon Tibbitts, having successfully represented the respondent employer in claims of race discrimination and victimisation, by three claimants, during a trial lasting six days in ... read more

Refusing to extend time

1st November 2012

On Tuesday 30th October 2012 Mr Mitchell appeared for Mr Haggan in the case of Southampton City PCT v. Haggan UKEATPA/0462/12/DM before Mr Recorder Luba ... read more

Michael Paulin successful in 'self-employed' fitness instructor case.

30th September 2011

In Cowdroy v The Athenaeum Club, an Employment Tribunal held that the Claimant, a fitness instructor who worked on what the Respondent and he had ... read more