Grace boorer 2

Grace Holden

Year of Call: 2016
Email Address: [email protected]
Telephone: 01865 797 700

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Clerk Details

  • Clerk Name: Russell Porter
  • Clerk Telephone: 01865 793 736
  • Clerk Email: [email protected]

Overview

Grace Holden specialises in employment, discrimination and personal injury disputes. She joined 3PB in June 2020 and is based in the Oxford centre.

Grace has been recognised as a Leading Junior in employment law by Legal 500 for both the South East and Midlands regions, and ranked as ‘Up and Coming’ by Chambers and Partners in employment law in the South East.

Grace has also built up a strong personal injury practice. Her instructions have included acting as the Junior Legal Adviser to the Independent Inquiry set up to review the circumstances surrounding the malpractice of surgeon Ian Paterson.

Grace was called to the Bar in 2016 in the top 10 of her cohort, having achieved a grade of ‘Outstanding’. She was awarded a major scholarship and Duke of Edinburgh Entrance Award from Inner Temple. During her BPTC year, Grace was a member of the Inner Temple team who represented England at the International Telders Moot Court Competition in The Hague.

Prior to commencing pupillage, Grace worked as a County Court Advocate and conducted over 450 civil hearings. She covered a range of procedural and substantive cases; from contractual disputes to personal injury matters.

Expertise

  • Employment and discrimination
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    Grace Holden acts for both claimants and respondents in preliminary and final hearings in the Employment Tribunal, as well as drafting and advising on the full range of employment disputes and issues.

    Grace is proactive in tactically managing cases from an early stage and she makes effective use of preliminary hearings. Her recent work in preliminary hearings includes:

    • Achieving strike out for unmeritorious discrimination claims.
    • Obtaining deposit orders for claims of whistleblowing.
    • Advising upon and successfully challenging disability status, thereby significantly reducing the listing of a finding hearing.
    • Being involved in case management of a multi-party matter, involving test cases.

    Grace has represented both claimants and respondents in multi-day final hearings. Her recent work includes:

    • Successfully achieving the dismissal of all claims of whistleblowing detriment and failure to make reasonable adjustments in a 10 day final hearing.
    • Successfully defending claims of unfair dismissal, disability discrimination and victimisation in an 8 day final hearing.
    • Representing a respondent in a complex claim brought by two claimants, involving an alleged TUPE transfer; achieving the successful dismissal of the race discrimination claims and limiting dismissal-related losses to just over £7000 in total.
    • Successfully achieving a finding of unfair dismissal for two claimants in a complex 7-day hearing.
    • Successfully achieving dismissal of multiple allegations of race discrimination within 2 days of a hearing listed for 5 days.
    • Successfully defending claims of whistleblowing detriment in a 4 day hearing.
    • Successfully defending claims of unfair dismissal in multiple 2 day hearings.
    • Successfully defending claims of unfair dismissal and age discrimination in a 2 day hearing.
    • Successfully defending claims of race discrimination and disability discrimination in a 2 day hearing.
    • Successfully defending claims of race and religious discrimination in a 5 day hearing.
    • Representing a respondent in a 5 day case, resulting in the successful dismissal of claims of race discrimination, disability discrimination and harassment.
    • Acting as junior counsel in the successful defence of an 8 day sex-related harassment and victimisation claim, which included drafting 7 supporting statements.

    Grace also has experience of handling employment disputes in the County Court, and is familiar with the civil jurisdiction. Her work includes:

    • Advising on restrictive covenants.
    • Drafting pleadings and defences.
    • Representing parties in both contractual claims and discrimination claims in the County Court.

    She drafted pleadings for and advised on a complex multi-party breach of contract claim, which resulted in a very favourable early settlement for the claimant.

  • Personal Injury
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    Grace Holden regularly appears in the County Court, representing both claimants and defendants in a range of personal injury matters. She has been noted by Circuit Judges for ‘cross-examining skilfully and submitting persuasively’ and putting ‘careful and considerate questions’.

    Her work includes:

    • Trials in road traffic accident, occupier’s liability and employer’s liability cases.
      CCMCs for a range of multi-track cases.
    • Interim applications; including strike-out, summary judgment and relief from sanctions.
    • Drafting pleadings for both claimants and defendants.
    • Advising on liability and quantum.
    • Appearing on behalf of interested parties in Coroner’s Inquests.
    • Undertaking work as part of public inquiries.

    She has recently:

    • Represented a claimant in an assault at work case, achieving settlement by JSM for a sum worth in excess of £150,000.
    • Represented a claimant in a noise-induced hearing loss claim.
    • Drafted pleadings for a claimant in a public liability claim involving complex physical and psychological injuries.

    Grace also has significant experience of handling fundamental dishonesty cases, representing both claimants and defendants. She has:

    • Achieved the withdrawal of claims on multiple occasions after her cross-examination of the claimant.
    • Achieved a finding of fundamental dishonesty against three claimants, held to be jointly liable for costs.
    • Negotiated the withdrawal of claims at the outset of the hearing on favourable terms.

    Grace was previously instructed as the Junior Legal Adviser to the Independent Inquiry set up to review the circumstances surrounding the malpractice of surgeon Ian Paterson.

  • Articles

    • A whole hog approach to the burden of proof? The dangers of ‘salami slicing’ a judgment

      28th Jun 2024

      Grace Holden reviews Parmar v Leicester City Council [2024] EAT 85, a race discrimination case in which the EAT provides a useful summary of the principles applicable when considering the shifting burden of proof under s136 Equality Act 2010 (‘EqA’).

      Grace also provides some tips to remember when bringing an appeal.

      View Article

    • No explanation for delay? Not decisive, rules EAT

      31st Aug 2023

      Grace Holden considers Owen v Network Rail Infrastructure Ltd [2023] EAT 106, a case in which the EAT ultimately confirms previous decisions of the EAT that the lack of an explanation as to why a claim is brought late is not a pre-requisite to extension of time being granted, but is of particular relevance.

      The judgment provides useful learning points and reminders for practitioners dealing with just and equitable time extension arguments.

      View Article

    • Can a right to pay during suspension be implied into the contract of a bank worker where that contract is silent?

      29th Oct 2021

      Grace Boorer analyses Agbeze v Barnet Enfield and Haringey Mental Health NHS Trust EA-2020-000413-VP, in which the EAT found that where a worker’s contract requires something more than being ready, willing and able to work in order to receive wages, a term is not implied that the worker is entitled to be paid on suspension in absence of a contractual provision on the point.

      View Article

    • Determining the question of motivation in whistleblowing claims is not always as complicated as it seems

      10th Aug 2021

      University Hospital of North Tees & Hartlepool NHS Foundation Trust v Ms L Fairhall [2021] 6 WLUK 454

      Grace Boorer reviews University Hospital of North Tees & Hartlepool NHS Foundation Trust v Ms L Fairhall [2021] 6 WLUK 454, a case providing a timely reminder to practitioners that in most cases it is not necessary to complicate whistleblowing determinations, notwithstanding the decision in Jhuti.

      View Article

    • Disability status and the assessment of the ‘long-term’ adverse effect

      7th May 2021

      Grace Boorer reviews All Answers Ltd v Mr W and Ms R [2021] EWCA Civ 606, a discrimination case in which the Court of Appeal reasserts the importance of considering all the elements of the disability status test under s6 and schedule 1 of the Equality Act 2010, and that it is crucial to consider the question of whether an impairment had lasted or was likely to last at least 12 months at the date of the discriminatory acts.

      View Article

    • Court of Appeal confirms the causative approach to the ‘material factor test’ in equal pay claims

      8th Sep 2020

      Court of Appeal confirms the causative approach to the ‘material factor test’ in equal pay claims
      Grace Boorer looks at Walker v Co-Operative Group Ltd & Anor and identifies some important practical considerations to avoid falling into error when considering material factor defences.

      View Article
  • Recommendations

    Grace Holden is building a strong employment practice, regularly representing claimants and respondents in the Employment Tribunal.
    Strengths: "Grace is an effective and solicitor-friendly barrister who balances between identifying all key issues and being pragmatic. She understands the commercial issues and has the bigger picture in mind."
    "Grace has great technical ability and has excellent attention to detail. She is a good advocate and a pleasure to work with."
    "Grace dissects and clarifies the relevant legal issues and claims, which leads to commercial settlements."
    "Grace grasped the issues and worked with me and the client to identify appropriate next steps. Grace presents well before the judge."
    Chambers UK 2025/Employment/Leading Juniors/Southern Eastern Circuit

    Grace Holden is known as ‘a safe pair of hands’ and has an excellent track record in advising on employment issues.
    'Grace is always well-prepared with a keen grasp of the issues in the case. She is proactive in preparations for any hearing and is always available to discuss matters. Her advocacy is impressive and well-received by clients.'
    Legal 500 2025/Employment/Leading Juniors/Southern Eastern Circuit

    ‘Grace is a very calm and intelligent barrister. She’s well prepared for hearings and deals with witnesses well. Grace can be trusted to handle any type of employment tribunal claim.’
    Legal 500 2025/Employment/Leading Juniors/Midland Circuit

     

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