Lord (John) Hendy QC

Overview

Lord Hendy QC was called to the Bar in 1972, commenced practice in 1977 and took silk in 1987.

Without doubt he is best known for his work in industrial relations and employment law, having appeared in most of the UK’s leading collective labour law cases in the last 36 years.

Lord Hendy has taken 9 cases to the European Court of Human Rights and appeared in in the Court of Justice of the European Union. He has appeared in 12 cases in the Supreme Court (including the House of Lords and the Privy Council), and has 70 reported cases in the Court of Appeal and 91 in the High Court. He has drafted applications to the supervisory committees of the International Labour Organisation and European Social Charter.

He has also appeared in many high-profile inquests and inquiries, including:

The Lakanal House fire inquest (for the bereaved and injured) 2013
The Leveson Inquiry (for the NUJ), 2011-2012 (see his cross-examination of Rupert Murdoch here)
The Potters Bar train crash inquest (for the bereaved), 2010
The Ladbroke Grove Train Crash inquiry (for the victims), 2000
The Southall Train Crash inquiry (for the victims), 1999
The Street Markets inquiry for LB Tower Hamlets (chaired), 1991
The Woolf inquiry into the Strangeways Prison Riot (for the POA), 1990
The Kings Cross Fire disaster (for the Association of London Local Authorities) 1986

In the past his practice included:

Personal injury work, predominantly claimant work injuries, disease and death
Representing doctors and others in disciplinary and regulatory cases

He is also:

An Honorary Professor in the Faculty of Law, University College, London
President of the International Centre for Trade Union Rights
Chair of the Institute of Employment Rights
Vice-President of the Campaign for Trade Union Freedom
Fellow of the Royal Society of Medicine
Fellow of the Society of Advanced Legal Studies
He is a frequent writer and speaker on trade union rights issues.

Career

1969 | LLB (London University external; studied at Ealing technical College)
1971 | LLM (Queen’s, Belfast)
1972 | Call to Bar (Gray’s Inn)
1972-3 | Pupillage
1973-6 | Director (full-time), Newham Rights Centre, East London
1976-7 | Lecturer (labour and welfare law), Middlesex Polytechnic (now University)
1977 | Began practice at the Bar of England and Wales
1987 | Appointed Queen’s Counsel
1995 | Appointed Bencher of Gray’s Inn
1998 | Admitted to Bar of New South Wales
1999-2008 | Head of Old Square Chambers
1999-2005 | Appointed Visiting Professor, School of Law, Kings College, London
2014 | Appointed Honorary Professor, Faculty of Law, University College, London
2015 | Appointed a consultant to the International Trade Union Confederation in Brussels

Standing counsel to

Associated Society of Locomotive Engineers and Firemen
Communication Workers’ Union
National Union of Journalists
National Union of Mineworkers
National Union of Rail, Maritime and Transport Workers
Prison Officers’ Association
UNITE the Union
University and College Union

Other relevant memberships

Senior advocacy trainer, Gray’s Inn
Employment Lawyers Association
Employment Law Bar Association (Chairman, 2003-5)
Human Rights Lawyers’ Association
Industrial Law Society
New South Wales Bar Association
South Eastern Circuit
Western Circuit
The Encyclopaedia of Employment Law editorial board
Amicus Curiae (Journal of the Society for Advanced Legal Studies) editorial board

Professional Recommendations

“He has an unrivalled knowledge of trade union laws and rights, and he has repeatedly put that knowledge to good use when defending workers and their unions.” “He has the complete respect of the judiciary and it is no exaggeration to say that he is a giant at the Bar. He is the man for the hardest and most controversial cases which require tremendous courage and intellectual stamina.”

Chambers & Partners 2022

“He’s the claimant trade union lawyer without any equal.” “He is a great courtroom advocate with a wealth of experience.”

Chambers & Partners 2021

“Has the ear of the senior judges and the total respect and admiration of his peers. He is the most gifted of draftsmen, an ingenious lawyer and a compassionate and empathetic adviser. If there is a real fight to be had, you go to John.”

The Legal 500 2021

“He is just phenomenal: his cross-examinations are a joy to behold.” “A go-to barrister for trade unions and one of the foremost experts in the area of industrial relations.”

Chambers & Partners 2020

“He is a Rolls-Royce amongst the senior echelons of the Bar.”

The Legal 500 2020

Chambers & Partners 2019 credit “His knowledge of the area is second to none and he is extremely dedicated to the cause’ and call him ‘a very good and level-headed advocate’.” The Legal 500 2018 say he “combines exceptional powers of reasoning with compassion and humanity” and that “his manner with both clients and the court is exemplary.” Chambers & Partners 2017 call him “a forceful and robust advocate, and tremendously authoritative” and place him in “The top flight of industrial action lawyers” adding that “He’s absolutely first class, one of the top advocates for complex medical and employment-related disciplinary cases. If you want someone to really go for it, he’s first-rate and hugely experienced.” The Legal 500 2015 describes him as “One of the best advocates at the Bar; supreme in the field of collective labour law”. Chambers & Partners 2015 says: “Recognised as the leading silk at the Employment Bar when it comes to handling industrial relations cases … His experience and skill in this area are lauded by clients and peers alike, who also praise him for his straightforward and effective advocacy” and Chambers & Partners 2014 said: “A major figure in cases involving industrial relations, and a go-to barrister for a number of unions. He is well known for his work on high-profile, precedent-setting cases, and is an expert on injunctive restraints to industrial relations.” “He is an incredibly calm advocate who is very creative in looking at cases and taking them to the appellate level.” Chambers & Partners 2013 spoke of “the absolutely excellent Lord Hendy QC, who is a terrific fighter and an authoritative silk respected by opposing counsel, instructing solicitors and members of the judiciary.” “A leading specialist in industrial relations cases, market sources say he superbly handles work of the utmost complexity and he continues to be a favoured choice of many notable solicitors for cutting-edge cases.” The Legal 500 2013 described “Star performer Lord Hendy QC as an extremely versatile advocate who can master any area of law.” Chambers & Partners 2012 recorded that he “has the gravitas to pull off difficult arguments” and Chambers & Partners 2011 said he is “capable of looking at cases from angles others might not, he is a very through advocate who certainly captures the attention of the court”; he is “a delight to deal with”, “has a really nice touch with clients” and “advocacy skills that simply knock opponents out.” It said that “solicitors favour him as he is always thorough and well prepared, and has total command of the documents in front of him”. The Legal 500 2011 described him as an “outstanding leader with unrivalled knowledge of trade union law”.

Expertise

Industrial Relations & Employment

Lord Hendy is the The Legal 500’s Employment Silk of the Year and other award-givers have placed him amongst the runners up in that category over a number of years. He has many reported cases in these fields at all levels both individual and collective. He acted for the NUM in all the civil cases during the miners’ strike in 1984-5 and in resisting the pit closure programme of 1993.

He acted for the BA cabin crew in their dispute in 2010. He is certainly best known for his work in collective labour law and amongst his cases over the last few years have been:

…in the ECtHR:

ASLEF v. UK [2007] IRLR 361 – Trade union freedom, expulsion of fascists;
RMT v. UK (Appn No. 31045/10, 8 April 2014) – Right to strike (esp secondary action), legitimacy of restrictions on striking.

…in the House of Lords/Supreme Court:

Derbyshire v. St Helen’s BC [2007] ICR 841; [2007] 3 All ER 81; [2007] IRLR 540 – Victimisation in discrimination in attempt to settle equal pay claim.

…in the Court of Appeal:

British Airways v UNITE the Union [2010] ICR 1316; IRLR 809 – strike injunction – notice of ballot result to members;
Malone v British Airways [2011] IRLR 32; [2011] ICR 125; [2010] EWCA Civ 1225 – claim for damages and injunction for changes to crew levels on aircraft – whether collective agreements incorporated and enforceable;
RMT v Serco Ltd; ASLEF v London & B’ham Rly [2011] EWCA Civ 226; [2011] 3 All E.R. 913; [2011] I.C.R. 848; [2011] I.R.L.R. 399 – strike injunction – de minimis errors;
Quashie v Stringfellows Restaurants Ltd [2013] IRLR 99; [2012] EWCA Civ 1735 , [2013] NLJR 21, (2013) 157(1) S.J.L.B. 31, [2012] All ER ( D) 229 – whether club dancer was self-employed or an employee;
George v Ministry of Justice [2013] EWCA Civ 324, [2008] All ER (D) 52; – incorporation of collective agreement into contract of employment;
East Midlands Trains Ltd v RMT [2013] EWCA Civ 1072, [2013] All ER (D) 163 (Aug) – construction of collective agreement, action short of strike, injunction;
Smith v Carillion (JM) Ltd [2015] EWCA Civ 209, [2015] IRLR 467 – agency worker blacklisted for trade union activities, no remedy against end-user;
R (Boots) v Central Arbitration Committee, PDAU [2017] EWCA Civ 66, [2017] IRLR 355 – whether statutory recognition machinery compatible with Art 11 ECHR;
Agarwal v Cardiff University, Tyne & Wear Passenger Transport Executive t/a Nexus v Anderson & ors [2018] EWCA Civ 2084 – employment tribunal jurisdiction to construe contracts, construction of collective agreement.

…in the High Court:

Various Claimants v Sir Robert McAlpine and ors and Balfour Beatty Engineering Services Ltd and ors [2016] EWHC 45 (QB) – admission of expert evidence in blacklisting group litigation;
Secretary of State for Employment v National Union of Teachers[2016] EWHC 812 (QB); [2016] IRLR 512 – valid trade dispute with minister pursuant to s.244(2);
Galdikas v DJ Houghton Catching Services Ltd [2016] EWHC 1376 (QB); [2016] IRLR 859 – strike out, wages due under Agricultural Wages Orders;
Govia Thameslink Rly Ltd v Associated Society of Locomotive Engineers and Firemen (No.1) [2016] EWHC 985 (QB) (Langstaff J) – inducement to breach of contract;
Govia Thameslink Rly Ltd v Associated Society of Locomotive Engineers and Firemen (No.2) [2016] EWHC 1320 (QB); [2016] IRLR 686 (Supperstone J) – ballot validity: ss.228, 228A, 233;
Ministry of Justice v POA [2017] EWHC 699 (QB), [2017] IRLR 621, [2017] ICR Digest D14 – s.127 Criminal Justice and Public Order Act invoked to grant interim injunction so as to bar union from inducing prison officers to withhold voluntary services;
Ministry of Justice v POA [2017] IRLR 1121, [2017] EWHC 1839 (QB) – s.127 Criminal Justice and Public Order Act invoked to grant final injunction so as to bar union from inducing prison officers to withhold voluntary services;
Merseyrail v RMT [2017] EWHC 515 (QB) – legitimate trade dispute over introduction of driver-only-operated trains;
Royal Mail Group Ltd v Communication Workers Union [2017] EWHC 2548 (QB), 167 NLJ 7766, [2017] All ER (D) 82 – procedural obligations in a legally binding collective agreement enforced so as to preclude strike action lawful under the legislation;
R (Independent Workers’ Union of Great Britain) v CAC and RooFoods Ltd t/a Deliveroo [2018] EWHC 1939 (Admin); [2018] 6 WLUK 313; [2018] IRLR 911; [2018] ACD 117 – refusal of JR of CAC decision that Deliveroo riders were not ‘workers’ within meaning of s.296 for purposes of SchedA1 (recognition) and Article 11 ECHR;
Antuzis v DJ Houghton Catching Services Ltd [2019] EWHC 843 (QB); [2019] 4 WLUK 95; [2019] IRLR 629 – Personal liability of directors for inducing breach of contract by company; liabilities under Agricultural Wages Act;
R (on the application of Independent Workers Union of Great Britain) v Central Arbitration Committee and Roo Foods (t/a Deliveroo) [2018] EWHC 3342 (Admin); [2018] 12 WLUK 17; [2019] IRLR 249; [2019] ACD 27 – refusal of JR of CAC decision that Deliveroo riders were not ‘workers’ within meaning of s.296 for purposes of SchedA1 (recognition) and Article 11 ECHR;
R (on the application of Independent Workers Union of Great Britain) v Central Arbitration Committee and Cordant Ltd and University of London [2019] EWHC 728 (Admin); [2019] 3 WLUK 428 – trade union recognition, Art.11 ECHR;
National Union of Professional Foster Carers v Certification Officer, IWGB and ors, intervening Appeal UKEAT/0285/17/RN, 23 July 2019, whether foster carers were workers in UK law or pursuant to Art.11 ECHR.