Employment and Equalities
Mark's busy employment law experience has covered a wide range of cases, representing both Claimant and Respondent, at the Employment Tribunal and the Employment Appeal Tribunal in addition to the High Court and County Court.
Mark has been successful in defending a ten-day race discrimination case, in which over one million pounds was claimed from a national Church. He has also achieved awards for Claimants of over £100,000 – one under the whistleblowing provisions and another for disability discrimination and harassment.
In the EAT, issues have covered the definition of disability, medical evidence, pecuniary loss arising from discrimination, costs awards, satisfactory reasoning, victimisation and whole career loss of earnings.
Mark also advises on and acts in restrictive covenant matters and directors’ disqualification hearings, in addition to conducting internal appeals from disciplinary procedures.
Appointed to the barrister panel of ELAAS (the Employment Lawyers Appeals Advice Scheme), Mark has provided pro bono advice and representation for EAT hearings.
Recent tribunal issues have included:
• Disability, age, sex, sexual orientation and race discrimination
• Discrimination on the basis of marital status and pregnancy
• Restructuring processes wrongly called redundancy situations
• Constructive unfair dismissal
• Employee status of former company directors
• Public interest disclosures relating to health and safety
• Gross misconduct
• Capability procedures, particularly with regard to long term sickness
• Breach of contract
• Waiver of privilege in Employment Tribunal proceedings
• Final salary pension loss
• Post termination discrimination
In 2016, Mark has appeared in two EAT cases which were assessed to have little reasonable prospect of success and so were filtered to a 3(10) preliminary hearing. In both cases, he persuaded the President of the EAT to allow the matters through to final hearings, and went on to succeed in both.
In Brighton v Tesco UKEAT/0165/15/DM, the Respondent had dismissed the Claimant because of aggression he alleged was due to an epileptic fit. The Respondent did not believe him. Mark argued successfully that it was both perverse and non-Meek compliant for Tesco to disregard the medical evidence in the way it did, even if it was because it did not find the Claimant a credible historian. The EAT found that whilst Tribunals are not bound by medical evidence, they should give proper respect to it and provide sufficient reasons for disregarding it.
In Ndebele v Kasterlee UKEAT/0307/15/DM the Senior President of Tribunals accepted Mark’s argument that the Tribunal was wrong to hold that the Claimant could not claim loss of earnings because she had not put herself forward for work (on a zero hours contract). The Tribunal should have looked further at the reason why she had not put herself forward. In her case, the reason was because of disability discrimination she had already suffered.
In Anwar v Tower Hamlets UKEAT/0091/10, an appeal under the DDA 1995, Mark successfully argued that when considering whether or not an impairment was likely to last 12 months and therefore be 'long term', the Tribunal must have regard to the likely effect of treatment on that impairment. The Tribunal went on to name several factors that should be taken into account, confirming the law in this area for the first time.
Mark is DV cleared and, as a member of the Attorney General’s panel of barristers, appears frequently for numerous Government departments on both standard employment matters and those with an element of national security.
Out of tribunal, Mark has developed a reputation as an advocate with an excellent 'bedside manner', taking the time to listen to his clients carefully and explain matters clearly and concisely.
‘Mark is an excellent barrister who I have no hesitation in recommending. His technical ability is superb and the content of his written opinions is always spot on. My clients have all praised Mark's ability in the Tribunal and he is always able to build a quick rapport with them’
‘Mark has provided some excellent advice to some of my clients, all of whom have sung his praises. He’s a great advocate, works hard and is very responsive, which helps enormously with Tribunal litigation.’
‘A personal note of thanks…you had just the right personality to help her stay calm and it was like theatre watching you in the courtroom’
‘How could I doubt a flawless performance like that! Thank you very much for all your hard work yesterday. Your patience and negotiating skill was admirable….I am delighted and pleased that we were left in your capable hands.’
‘Mr Green did outstanding work not only in winning the case but in his whole manner with us and our daughter…We owe Mr Green a sincere debt of thanks and would recommend him unreservedly to anyone seeking the services of a Barrister’