Employment & Discrimination

“Old Square Chambers expertise in employment law issues is second to none and it has good coverage at all levels” (The Legal 500)

“Demonstrates exceptional expertise across a broad range of employment disputes” (Chambers & Partners)

Ranked as a “Band 1 set” in Chambers & Partners and a “Tier 1 set” in The Legal 500, Old Square Chambers is one of the leading employment law chambers, offering specialist counsel in all areas of employment law.

Members of Old Square represent employers and employees requiring counsel with a reputation for success in the full spectrum of employment issues. Our clients can rely upon the strength and depth of our collective experience, comprising of expert advisors, mediators, arbitrators, judges, Employment Tribunal judges, authors (including Harvey on Industrial Relations and Employment Law), academics, professors, and as standing counsel to the public and private sector organisations as well as trade unions. Our reputation for excellence has been recognised by the leading directories, with Old Square Chambers’ employment team being shortlisted as “Employment Set of the Year” by both Chambers & Partners and The Legal 500 in 2020 and 2021. Old Square Chambers also has individuals shortlisted for both the “Employment Junior of the Year” and “Employment Silk of the Year” categories.

Our barristers have appeared in some of the most significant and defining employment cases of the last 25 years, regularly appearing in the High Court, , Employment Tribunals, the Employment Appeal Tribunal, as well as the Court of Appeal, and Supreme Court. Members have also appeared before the Court of Justice of the European Union, as well as before the European Court of Human Rights. We also appear in Employment Tribunals and the EAT in Scotland and Northern Ireland. Three of our members were instructed by the EHRC to intervene in support of the challenge to ET fees, achieving success in the Supreme Court in what is arguably the most important employment law judgment of recent decades. We are regularly in the Supreme Court and recent cases include the ASDA equal pay litigation, Gilham v MOJ, Jhuti v Royal Mail and representing the Uber drivers in their worker status case. We have also been involved in all of the leading cases arising out of the COVID-19 pandemic.

Our Respondent clients include public sector organisations ranging from local authorities to central government, schools to universities and NHS Trusts, private sector firms and partnerships from SMEs to some of the largest multi-national corporations, and the third sector, from small charities to some of the largest NGOs.

Our Claimant clients range from individual workers, employees, partners and directors in every type of employment and profession through to group actions involving thousands of Claimants.

Barristers specialising in Employment & Discrimination

Our expertise includes:

Breach of contract
Collective consultation and redundancies
Commercial Agents (Council Directive) Regulations 1993
Data Protection
Directors’ disputes and fiduciary duties
Discrimination and harassment
Equal pay
Industrial relations and trade union affairs
Injunctive relief, post-termination restraints of trade, and confidential information
International labour law
Investigations
Pensions
TUPE
Unfair and wrongful dismissal
Wages claim
Whistleblowing
Working time

Fee charging model

There are various different fee charging models available and these will vary according to each individual case. Wherever possible costs will be agreed in writing prior to commencement of any work by the barrister. In cases that are unusually lengthy or complex, it may not be possible to agree a fixed fee for certain items of work. In those circumstances we will agree an appropriate hourly rate for the item of work.

One of the fee structures commonly used for cases in the Employment Tribunal, or written advice ahead of any such action, is a fixed fee. This means that, wherever possible, we will quote a fee in advance of the work being carried out. For hearings we typically charge a brief fee which includes counsel’s preparation for the hearing and attendance at the first day of the hearing. A refresher fee will be charged for each subsequent sitting day.

Please see below estimates based on the ranges of fixed fees and brief fees for barristers at Old Square Chambers in ordinary unfair dismissal and wrongful dismissal claims.

Item	Range of fees (estimate)
Hourly rate	£75 to £750 plus VAT
Written advice	£250 to £5,000 plus VAT
Advising in conference	£500 to £5,000 plus VAT
Brief fee for Case Management Hearing in London region	£500 to £5,000 plus VAT
Brief fee for 1 day hearing in London region	£1,000 to £15,000 plus VAT
Brief fee for 2 day hearing in London region	£2,000 to £220,000 plus VAT
Refresher fee	£500 to £6,000 plus VAT

Wherever possible, we will endeavour to achieve the timescales outlined, or any other reasonable timescales agreed at the time of accepting the instructions. Timescales may vary depending on factors such as barristers’ availability, the complexity of your case, the need for additional documents and the other side’s approach. Chambers will, wherever possible, endeavour to provide advice and representation that meets and exceeds the needs of our clients. Unforeseeable factors such as tribunal/court delays, cases overrunning, barrister illness and other factors outside of our control could cause delays. We will always endeavour to work with you to ensure we meet and exceed your expectations wherever possible. Where it is not possible, we will ensure we communicate clearly and regularly with you to guide you through any challenges.