Nicola Newbegin KC

Nicola undertakes work for both Claimants and Respondents and covers all areas of employment law, including unfair dismissal, all areas of discrimination, whistleblowing and TUPE. She has appeared in both individual and collective disputes. She has appeared before the Supreme Court, as well as appearing regularly before the Employment Tribunals, the Employment Appeal Tribunal and in the High Court and Court of Appeal. She regularly advises individuals, trades unions and employers.

She has a particular specialism in cases involving doctors and regularly represents doctors and NHS trusts either bringing or resisting applications for interim and final injunctions relating to the operation of the national framework “Maintaining High Professional Standards in the Modern NHS” (referred to as “MHPS”).

In May 2021, Nicola published (jointly with Robin White of Old Square Chambers) ‘A Practical Guide to Transgender Law’ available to purchase here.

Nicola is ranked in both Chambers & Partners and The Legal 500 for employment. Commentary in the directories has included:

“She offers superior intellectual ability and attention to detail. She’s lovely to work with and good on her feet.”
“Exceptionally bright barrister, who is forensic in reviewing and understanding the matter at hand.”

Unfair Dismissal, Unlawful Deductions from Wages (including Holiday Pay), Discrimination & Whistleblowing.

Nicola is extremely experienced complex, multi day cases including areas such as discrimination, whistleblowing and breach of contract.

She has significant appellate experience, having appeared before the Employment Appeal Tribunal, Court of Appeal and Supreme Court in areas such as discrimination, unfair dismissal, holiday pay, redundancy pay and tribunal bias.

Led by Michael Ford KC she successfully represented Unison as intervener before the Supreme Court in the case of Chief Constable of the Police Service of Northern Ireland v Agnew.

Her recent cases of interest include:

• Phullar v Ofsted [2026] EAT 10 – represented Ms Phullar in her susccessufl appeal against an ET’s decision to dismiss her claims for unfair dismissal, discrimination because of something arising from a disability and failure to make reasonable adjustments;
• Sivanandan v Independent Office for Police Conduct and Penna [2025] EAT 7– Nicola represented Penna before the EAT successfully resisting an appeal by Ms Sivanandan against a Tribunal’s decision to grant Penna relief from sanctions and its refusal to reconsider that decision;
• DeMello & Ors v BA [2024] EAT 53; [2024] ICR 967– Nicola represented a group of workers before the EAT in their successful appeal on the basis that a gap of three months between payments did not break the series and that the impugned payments were sufficiently similar that the ET should have found that they formed part of a series. First appellate case in England on the proper application of the SC’s decision in Agnew.
• Chief Constable of the Police Service of Northern Ireland v Agnew [2023] UKSC 33 – led by Michael Ford KC, Nicola represented Unison as intervener before the Supreme Court.  This seminal judgment establishes that gaps of more than three months between unlawful deductions does not mean that the “series” has been broken for the purposes of establishing jurisdiction;
• Connolly v Health Education England – Employment Tribunal, 2022 – Nicola successfully represented Health Education England in this long running case of alleged detriment on grounds of making a protected disclosure;
• Lewis v Caerphilly County Borough Council – instructed by the UNISON Legal Department, Nicola successfully persuaded the Tribunal that there had not been valid variation of her client’s contract of employment.  The case involved novel points of law;
• Bull v Namvar & Anr – Nicola successfully represented a GP practice in defending claims of detriment on grounds of making a protected disclosure by a former partner.  The case involved complex issues relating to the ability of partners to bring such claims;
• East London NHS Foundation Trust v O’Connor [2020] IRLR 16 – Nicola represented the Trust in this appeal concerning the relationship between “Agenda for Change” (incorporated into all NHS contracts of employment) and the statutory provisions relating to redundancy payments;
• Anderson v Turning Point Eespro [2019] EWCA Civ 815 | [2019] ICR 1362 [2019] IRLR 731– led by Mary O’Rourke KC, Nicola successfully represented the employer in this leading case concerning what steps need to be undertaken to ensure procedural fairness before the Tribunal;
• Gutfreund-Walmsley v Big Lottery Fund Ltd– Nicola successfully represented the employee in her claim for victimisation for having spoken out as part of the #MeToo campaign;
• Tarn v Hughes [2019] ICR 76, [2018] IRLR 1021– Nicola successfully represented Dr Tarn in her appeal against the decision of an Employment Tribunal limiting the number of discrimination claims she could bring at any one hearing;
• Dr Carneiro v Chelsea Football Club and Jose Mourinho– Nicola was junior counsel to Mary O’Rourke KC, representing Dr Eva Caneiro in her claims for unfair dismissal and sex discrimination. The claim was settled on confidential terms on day 2 of the ET hearing. (Press coverage);
• William Jones’s Schools Foundation Trustees v Parry– Nicola successfully represented Ms Parry before the EAT, where the EAT found that the provisions relied upon by Respondent were ultra vires the enabling legislation and before the Court of Appeal where the Court of Appeal accepted that the ET1 had in fact been in a form that could reasonably have been responded to meaning that the vires of the legislation no longer mattered;
• Bhardwaj v FDA (CA)– Nicola was junior counsel for Ms Bhardwaj (led by Mary O’Rourke KC) before the Court of Appeal in a case considering the circumstances in which there may be found to be apparent bias by the ET and the requirements for there to be a valid waiver of bias;
• Gribble v Ministry of Justice– Nicola represented a part-time judge in the Social Security and Child Support Tribunal who was claiming less favourable treatment on grounds of being a part-time worker;
• Newcastle v. Ford and Khan UKEAT/0358/13/MC (EAT) – Nicola successfully represented Mr Khan before the EAT, resisting Newcastle Council’s appeal against the finding that Mr Khan had been unfairly dismissed. The EAT accepted that there had been no procedural error by the ET and that the ET had not substituted its view for that of the employer.

Collective Disputes

Her collective work has included acting for groups of Claimants in respect of failures to consult in accordance with Section 188 TULCRA, a test case for a group of Claimants in respect of the impact of a pre-TUPE transfer collective agreement, a multi-Claimant age discrimination case, two workforces in respect of their post TUPE transfer dismissals and numerous multi-claimant claims relating to contractual entitlements to wages and/or enhanced redundancy payments, often including TUPE-related issues.

Her recent and upcoming cases of interest include:

• DeMello & Ors v BA [2024] EAT 53; [2024] ICR 967– Nicola represented a group of workers before the EAT in their successful appeal on the basis that a gap of three months between payments did not break the series and that the impugned payments were sufficiently similar that the ET should have found that they formed part of a series. First appellate case in England on the proper application of the SC’s decision in Agnew.
• Chief Constable of the Police Service of Northern Ireland v Agnew [2023] UKSC 33 – led by Michael Ford KC, Nicola represented Unison as intervener before the Supreme This seminal judgment establishes that gaps of more than three months between unlawful deductions does not mean that the “series” has been broken for the purposes of establishing jurisdiction;
• Peacock v. Peregrine & Ors UKEAT/0315/13/SM (EAT)– Nicola successfully represented the employees before the EAT in resisting the employer’s appeal against a decision that they had been entitled to enhanced redundancy payments by virtue of a tern inferred by custom and practice;
• CSC v. McAlinden & Ors [2013] EWCA Civ 1435 (CA)– Nicola successfully represented the Claimant employees before the Employment Tribunal, the Employment Appeal Tribunal and the Court of Appeal in their claims that they had become contractually entitled to an annual pay increase in line with RPI. Nicola was sole counsel for the ET and EAT and was led by Oliver Segal KC in the Court of Appeal;
• TSSA & Ors v. Network Rail– Nicola was instructed as sole counsel in respect of TSSA’s claim against Network Rail for its failure to consult in accordance of Section 188 TULRCA 1992 when undertaking a large-scale reorganisation of its information management department. She was individual claimants in respect of their individual claims for unfair dismissal arising out of the same reorganisation;
• Boxall & Ors v. Innserve – Nicola represented two separate workforces in respect of their claims for automatic unfair dismissal under Regulation 7 TUPE.

High Court Medical Disciplinary Cases

Nicola’s recent High Court and Court of Appeal doctor and dentist cases include:

• Dr MN v NHS Foundation Trust L [2026] EWCA Civ71 – Nicola represented Dr MN before the High Court and Court of Appeal (led by Mark Sutton KC) in his successful claim against NHS Foundation Trust L for its failure to appoint the medical director as case manager and for its proposal to determine matters outwith the MHPS process;
• Colbert v Royal United Hospitals Bath NHS Foundation Trust [2023] EWHC 1672 -Nicola appeared for the Trust, successfully resisting an application for an injunction to prevent a disciplinary hearing from going head;
• Smo v Hywel Dda University Health Board [2020] EWHC 727 (QB)– led by Giles Powell, Nicola appeared for the Health Board in this case, which was the first to consider the scope and application of “Upholding Professional Standards in Wales”, which impacts upon the contracts of employment of all hospital consultants in Wales;
• Jain v Manchester University NHS Foundation Trust [2018] EWHC 3016, [2019] 165 BMLR 175– led by Jeremy Hyam KC, Nicola appeared for the doctor in this case concerning the application of MHPS to working relationships enquiries in foundation hospitals;
• McMillan v Airedale [2014] EWCA Civ 1031, [2014] IRLR 803 (CA)– Nicola represented Miss McMillan (led by Mary O’Rourke KC) before the Court of Appeal, in which Miss McMillan successfully resisted the Trust’s appeal against the finding that the Trust would be acting in breach of Miss McMillan’s contract of employment if it sought to increase on an internal appeal a sanction of final written warning to one of dismissal. The case is of widespread importance for all employers and employees where there is no express contractual right to increase sanction on appeal;
• Powys Teaching Local Health Board v Dr Piotr Dusza, Dr Hako Sobhani [2015] EWCA Civ 15– Nicola appeared in the Court of Appeal (led by Mary O’Rourke KC) for the two dentists where they successfully resisted the health board’s appeal against the finding that payment should be on a work done basis. The case concerned the interpretation of the dental contract and related regulations that apply to all dentists in Wales who undertake NHS work. Similar contracts and regulations apply to dentists undertaking NHS work in England;
• Dr Chakrabarty v Ipswich Hospital NHS Trust (with NCAS intervening) [2014] EWHC 2735; [2014] Med LR 379– Nicola was junior counsel for the Trust (led by Giles Powell) in this case concerning the relationship between internal trust proceedings and proceedings before the GMC / Medical Practitioners Tribunal Service and also the role of NCAS in internal disciplinary proceedings under the Maintaining High Professional Standards framework agreement (MHPS);
• Dr Mattu v University Hospitals of Coventry and Warwickshire NHS [2012] EWCA Civ 641; [2012] 4 All ER 359; [2013] ICR 270; [2012] IRLR 661– Nicola represented Dr Mattu (led by John Hendy KC and Giles Powell). The case concerned the ability of the Trust to proceed to a disciplinary hearing in the absence of Dr Mattu, the characterisation of the charges against Dr Mattu as involving professional or personal conduct (the former attracting greater protection under Dr Mattu’s contract of employment) and the application of Article 6 ECHR to the disciplinary proceedings;
• A v HTX [2012] EWHC 857 (QB)– Nicola represented Health Trust X (led by Giles Powell) in its successful resistance of an application for a final injunction by Dr A who was seeking to prevent the trust from referring her to an ill health panel;
• R (on the application of Puri) v. Bradford Teaching Hospitals NHS Foundation Trust [2011] EWHC 970 (Admin), [2011] IRLR 582– Nicola represented Mr Puri (led by Giles Powell) in his application for judicial review of the decision to dismiss him using a disciplinary panel consisting mainly of employees of the Trust and to permit his appeal panel to be similarly constituted. The case concerned the application of Article 6 ECHR to dismissals where a person’s ability to practice their profession / professional reputation may be at stake. This case is currently being appealed to the Court of Appeal;
• Dr Hussain v. Surrey and Sussex Healthcare NHS Trust [2011] EWHC 1670 – Nicola represented Dr Hussain (led by Giles Powell) in her breach of contract and Article 6 claims. The High Court held that the Trust had acted in breach of Dr Hussain’s contract of employment in respect of the level of her exclusion and its initial referral to a disciplinary hearing of charges that were not purely conduct charges;
• Dr Lim v. Royal Wolverhampton Hospitals NHS Trust [2011] EWHC 2178– Nicola represented the Trust (led by Giles Powell). The case concerned the Trust’s duty to refer Dr Lim to NCAS before commencing capability proceedings and the ability of the Trust to consider (unrelated) conduct charges.

Non-Employment Discrimination

As well as having an extensive discrimination practice in the employment sphere, Nicola regularly provides advice representation in non-employment discrimination claims, including claims relating to the provision of healthcare and other services to the public.

Recent cases of interest have included:

• Advising on the implications of the SC’s decision in For Women Scotland for those who provide services to the public;
• R (on the application of Independent Workers’ Union of Great Britain) v Mayor of London [2019] EWHC 1997 (Admin) [2019] 4 WLR 118, led by Ben Collins KC, Nicola appeared for the IWUGB in this groundbreaking challenge to the legitimacy of the Mayor of London’s decision to exempt “black cabs” but not mini cabs from the congestion charge. The case involved issues of human rights and indirect discrimination;
• X v Shrewsbury and Telford NHS Trust– a case concerning whether a transgender patient’s human rights had been breached and whether she had suffered discrimination in the way that health services had been provided to her.

Nicola is ranked as a leading barrister in professional discipline in both Chambers & Partners and The Legal 500.  In 2023 she was named Legal 500 Professional Disciplinary and Regulatory Junior of the Year.

She is described in Chambers & Partners as being “Great for very detailed, complex cases. She has an eye for picking out that one crucial document. She leaves no stones unturned.” and “Able to think outside the box, as well as having good technical skills and attention to detail.”

She is described in The Legal 500 as having “astute technical skills and a meticulous eye for detail.”

Nicola has particular interest in, and expertise in relation to, the regulation of healthcare professionals and of legal professionals.

Regulation of Healthcare Professionals

Nicola has been involved in proceedings before the Medical Practitioners Tribunal Service (MPTS), the General Dental Council (GDC), Health and Care Professions Council (HCPC) and the Nursing and Midwifery Council (NMC).

Nicola has significant experience of representing doctors in appeals against findings of the MPTS:

• GMC v Gilbert [2026] Civ 53 – Nicola represented Mr Gilbert before the Court of Appeal (led by Mark Sutton KC) successfully resisting appeals by the GMC and the PSA against the decisions of the MPTS and High Court not to erase Mr Gilbert’s name from the medical register. Nicola also represented Mr Gilbert (led by Mark Sutton KC) before the High Court successfully resisting the PSA’s application for interim relief to prevent Mr Gilbert from returning to practise pending the PSA’s appeal.
• Sastry v GMC [2021] EWCA Civ 623 – Nicola represented Dr Sastry before the Court of Appeal, successfully arguing that the scope and nature of an appeal by a doctor is wider than in appeals by the GMC;
• Standards Authority for Health and Social Care v General Dental Council and Hussain [2020] 1 WLUK 333– represented the doctor a hearing concerning the correct order for the remitted hearing;
• Dr Brookman v GMC (Administrative Court)– Nicola successfully persuaded the High Court to quash the MPT’s decision to erase Dr Brookman’s name from the medical register;
• Dr Chandra v GMC [2019] EWCA Civ 236– Nicola (led by Mary O’Rourke KC) appeared for the doctor before the Court of Appeal in this important case concerning the correct legal test to be applied in restoration cases.

Examples of Nicola’s recent and ongoing cases include:

• Representing a psychologist before the HCPC in a case relating to historic failures prior to the death of a patient, resulting in a finding of no misconduct and therefore impairment;
• Representing a dentist facing over 200 allegations before the GDC in a case spanning nearly a decade, resulting in a finding of no impairment;
• Successfully representing a GP before a PLDP hearing;
• Representing a nurse in a six-day FTP hearing following the death of a patient;
• Successfully representing before the HCPC a Premier League first team physiotherapist, following which the HCPC concluded that there had been no misconduct and that the physiotherapist’s fitness to practise was not impaired;
• Representing a dentist at an IOC where Nicola succeeded in having only minimal conditions imposed relating to a drink-driving conviction;
• Advising and representing a dentist on an appeal to the First-Tier Tribunal in respect of conditions imposed by NHS England, in a case that may have implications for all dentists returning to work following a period away from work;
• A three-day fitness to practise hearing before the HCPC at which Nicola successfully represented an operating department practitioner (OPD) facing both dishonesty charges and misconduct charges relating to the carrying out of his professional duties. Following half-time submissions by Nicola, all of the dishonesty charges were dropped and the final determination was that there had been no conduct amounting to misconduct and as such the practitioner’s fitness to practise was not impaired;
• A review of an interim order by the GDC at which Nicola represented a dentist whose practice was subject to conditions which were tantamount to a suspension. Nicola successfully persuaded the GDC Interim Orders Committee to replace the existing conditions with new conditions that allowed the dentist to return to practice.

Nicola’s interest in this area is supported by her extensive experience before the High Court and Court of Appeal in respect of doctors’ disciplinary claims (for example Dr Chakrabarty v Ipswich Hospital NHS Trust (with NCAS intervening) [2014] EWHC 2735; [2014] Med LR 379 which examined the interaction between internal trust capability proceedings and proceedings before the GMC / MPTS and Dr Mattu v University Hospitals of Coventry and Warwickshire NHS [2012] EWCA Civ 641; [2012] 4 All ER 359; [2013] ICR 270; [2012] IRLR 661which considered the application of Article 6 to doctors disciplinaries).

She has also been involved in a number of judicial reviews involving doctors in training. She regularly advises on judicial reviews involving or affecting healthcare professionals, including:

• Advising a leading trades union on the ability to challenge differential outcomes in professional examinations;
• Advising a leading trades union on the ability to challenge retrospective amendments to regulations affecting the pay of their members;
• R (Nguyen) v GMC – advising on the ability to challenge the GMC’s decision to cancel a referral of a doctor to the MPTS.

Regulation of Legal Professionals

As a former solicitor, Nicola has a particular interest in advising in respect of, and representing solicitors in, SRA proceedings. She is particularly interested in cases involving the crossover between employment and regulatory matters. In this regard, her expertise in employment law is of particular use, for example in cases involving allegations of sexual harassment, where she has significant employment law experience. In addition, her former career as a solicitor means that she is particularly well placed to understand the background to many cases.

She recently represented a solicitor in an 11-day hearing before the Solicitors Disciplinary Tribunal in a case involving difficult and complex issues relating to the solicitors accounts rules and the proper administration of practice.  She also regularly advises law firms and individual solicitors about their regulatory duties.

Nicola’s experience of appeals against decisions of the Solicitors Disciplinary Tribunal include:

• Martin v Solicitors Regulation Authority [2020] EWHC 3525 (Admin) – Nicola represented Ms Martin in her appeal to the High Court against the decision of the Solicitor’s disciplinary Tribunal;
• Narayanasamy v Solicitors Regulation Authority [2021] EWHC 2918 (Admin) – led by Ijeoma Omambala KC, Nicola represented the solicitor in his application to adduce additional information appeal.

Nicola has a particular interest in inquests relating to the actions of healthcare professionals, in particular where there are related regulatory proceedings.

Nicola has a rapidly expanding judicial review practice which includes challenges in the legal and medical sectors, as well as broader questions of relating to the vires of legislation, the exercise of statutory powers and the impact of the public sector duty.

Recent judicial review cases have included:

• R (Thomas) v Judicial Appointments Commission [2025] EWCA 912 – Nicola represented District Judge Thomas before the Court of Appeal (led by Ben Collins KC) in DJ Thomas’s successful challenge to the fairness of the judicial appointments process.
• R (ATN) v WellBN – Nicola is representing the partners in a GP surgery facing judicial review proceedings by the parent of a trans child in respect of the treatment provided by the surgery to 16 and 17 year old trans children.
• R (Nguyen) v GMC – Nicola advised and represented at the preliminary stages the parents of a deceased child seeking to challenge the GMC’s decision to cancel the referral of the doctor who had led the care of the child to the MTPS for a fitness to practice hearing.
• Nicola advised a leading trades union on the ability to challenge examination systems giving rise to differential attainment for BAME and for non-UK students;
• Nicola advised a leading trades union the ability to challenge regulations that sought to reduce, with retrospective effect, payments to their members.
• R (on the application of Independent Workers’ Union of Great Britain) v Mayor of London [2019] EWHC 1997 (Admin) [2019] 4 WLR 118, led by Ben Collins KC, Nicola appeared for the IWUGB in this groundbreaking challenge to the legitimacy of the Mayor of London’s decision to exempt “black cabs” but not mini cabs from the congestion charge. The case involved issues of human rights and indirect discrimination;
• R (Ekanayake) v Health Education England & Anr– Nicola appeared for Health Education England (led by Giles Powell) resisting an application for judicial review by a trainee surgeon seeking to challenge the refusal to allow him to transfer deaneries;
• Successfully resisting on behalf of Health Education England a challenge by a trainee GP against a decision not to allow her full qualification as a GP.

Nicola has a keen interest in civil liberties and human rights.

She has appeared in a number of leading cases involving significant human rights issues, including the leading Court of Appel cases of R (Thomas) v Judicial Appointments Commission [2025] EWCA Civ 912 and Dr Mattu v University Hospitals of Coventry and Warwickshire NHS [2012] EWCA Civ 641; [2012] 4 All E.R. 359; [2013] ICR. 270; [2012] IRLR. 661.

She also represented a leading mental health charity before the Court of Appeal (led by Mary O’Rourke KC) in a case concerning the adjustments that courts should make for litigants who have mental health issues.

Nicola has also recently advised on the impact of Article 8 on cases involving spent convictions and also on the application of Article 8 to questions of patient privacy, as well as the application of Article 8 to public appointments and removals from public sector roles.

Nicola has lectured on numerous occasions the subjects of discrimination and human rights and human rights at work.

Recent cases of interest included:

• R (Thomas) v Judicial Appointments Commission [2025] EWCA Civ 912 – an issue in this case was the application of Article 8 to the judicial appointments process and whether it was engaged in that process and whether or not there had been a breach of Article 8 if it was engaged. Nicola (led by Ben Collins KC) represented District Judge Thomas in her successful challenge to the fairness of the judicial appointments process.
• R (on the application of Independent Workers’ Union of Great Britain) v Mayor of London [2019] EWHC 1997 (Admin) [2019] 4 WLR 118, led by Ben Collins KC, Nicola appeared for the IWUGB in this groundbreaking challenged to the legitimacy of the Mayor of London’s decision to exempt “black cabs” but not mini cabs from the congestion charge. The case involved issues of human rights and indirect discrimination;
• Dr Mattu v University Hospitals of Coventry and Warwickshire NHS [2012] EWCA Civ 641; [2012] 4 All R. 359; [2013] ICR. 270; [2012] IRLR. 661 – a case on the application of Article 6 to doctors disciplinary proceedings.
• X v Shrewsbury and Telford NHS Trust – a case concerning whether a transgender patient’s human rights had been breached.

Nicola regularly provides advice in respect of GDPR issues, breaches of confidence and misuse of private information.  She has significant experience of advising NHS Trusts in particular about their data protection obligations in respect of both employees and patients. She successfully represented the hospital trust in A v Shrewsbury and Telford Hospital NHS Trust, a case concerning the interaction between the Gender Recognition Act 2004 and the Data Protection Act 1998 and how both apply to the sharing of patient information within hospital settings.

Nicola successfully represented the applicant before the Privy Council in Singh v Public Services Commission [2019] UKPC 18, a case concerning the operation of the Freedom of Information Act in Trinidad and Tobago.

Led by Simon Cheetham KC, Nicola represented the doctor in Dixon v North Bristol NHS Trust [2022] EWHC 3127, which has become a leading case on the relationship between confidentiality and pre action disclosure.

• Nine members of Old Square feature in the Pro Bono Recognition List of England & Wales
• Court of Appeal provides important guidance as to the proper interpretation of internal disciplinary policies
• Court of Appeal rejects appeals by the GMC and PSA in GMC v Gilbert & PSA [2026] EWCA Civ 53
• Robert Moretto and Nicola Newbegin to be appointed King’s Counsel
• Judgment has been handed down by the EAT in Phullar v OFSTED