Oliver Isaacs

Unfair Dismissal

Oliver has extensive experience of the full range of unfair dismissal claims, acting for both employers and employees. He regularly advises approved persons and those that are regulated by professional bodies.

Oliver is instructed by a broad range of private and public sector clients, but has particular expertise dealing with the banking sector, healthcare and media/entertainment industries.

Cases

• Stroud v Avon and Wiltshire Mental Health Partnership NHS Trust – Successfully representing an NHS Trust in a claim of constructive dismissal.
• R v A – Representing a marketing agency in an unfair dismissal claim against the background of threatened minority shareholder proceedings.
• Chindove v Morrison Supermarkets Plc (No 2) [2017] UKEAT/0076/17JOJ – An appeal on whether an employee had affirmed his contract of employment.
• McWilliams v Citibank NA – Successfully acting for an FX trader against a major UK bank in a 10 day case where the employee was dismissed for breach of confidentiality.
• Bennett v Jamaica Tourist Board – Successfully acting on behalf of an employee dismissed for comments on Facebook. The action involved cross examining the High Commissioner of Jamaica.
• A v B – Successfully advising an employee on his claim of unfair dismissal against a government of a British Occupied Territory which asserted that it had “state immunity”.
• Lasseter v DWP – Successfully obtaining an order of re-engagement on behalf of an employee unfairly dismissed by the Department for Work and Pensions on the grounds of capability.
• Holt v RES on Site Limited [2014] UKEAT 0410_13_2702 –Successfully resisting an unfair dismissal appeal where dismissing officer and appeal officer would not have reached the same conclusion on dismissal. The EJ found dismissal fair.
• Advising employees of major public schools on allegations of misconduct.

Discrimination

Oliver is frequently involved in cases where serious discrimination is alleged and acts for employers and employees alike. He has particular expertise in dealing with disability cases and dealing with those who suffer from depression/anxiety and stress.

Cases

• Visram v ICTS [2020] EWCA Civ 2020 – Successfully representing Mr Visram in this long running dispute with his former employer. The claim involved the inter-relationship between the entitlement to long term disability benefits, the right to dismiss and disability discrimination;
• Puar v Duncan Lewis Solicitors – Successfully representing a firm of solicitors accused of discrimination by a trainee. Oliver represented the Respondent in the EAT [2019] UKEAT/0175/19/RN and also in the ET.
• Chandraharan v St Georges University Hospitals NHS Foundation Trust – Successfully representing a hospital trust accused of race discrimination/unfair dismissal and wrongful dismissal following allegations made against the Claimant of unwanted sexual advances.
• Hasiba Hamoud v Spencer Private Hospitals Ltd – Successfully acting for a hospital accused of race/religious discrimination by a consultant who had her private practising privileges removed.
• Smith v Gartner UK Ltd [2016] UKEAT/0279/15/LA– An appeal against the striking out of a Claimant’s claim of discrimination. The claim arose from the failure to pay permanent health insurance benefits until an amended retirement age of 65yrs old.
• Gayle v Z2K & Others – Acting for a part-time judge of the EAT accused of disability discrimination. Oliver was able to have the claim against the judge struck out.
• Alukpe v South Thames College – Successfully acting for a sixth form college accused of race discrimination, harassment, disability discrimination, sex discrimination, equal pay (amongst other claims) which lasted 18 days.
• Hosso v ECM Ltd [2011] (No 2) EWCA Civ 1589 – Successfully appearing on behalf of European Credit Management Ltd in the defence of a £4m equal pay/sex discrimination claim by a former employee.
• Representing an employer in a case involving perceived disability discrimination.
• Representing an employer in defending claims of associative discrimination.

Oliver regularly provides advisory and advocacy assistance in this specialist area. He is instructed by both employees and employers, regarding their rights and obligations following the making of protected disclosures. Given Oliver’s experience, he is best placed to provide objective, independent confidential advice and support.

Cases

• Acetrip Limited v Dogra [2019] UKEAT_0238_19_1803 – Successfully appealing a remedy judgment following a substantial six-figure award against an employer who had dismissed an employee for making protected disclosures (and for whom Oliver did not appear in the ET).
• Holding v Gloucestershire Hospital NHS Foundation Trust – Successfully representing an NHS Trust.
• P v H – Advising a headmistress who made protected disclosures to the board of governors and was then dismissed owing to an alleged breakdown of trust and confidence.
• X v Y– Advising a medical director who alleged he was constructively dismissed having made disclosures which referenced contraventions of “Good Medical Practice.”
• BMA v Jesudason – Advising a consultant whether he was obliged to repay legal costs to the BMA following failed High Court proceedings involving whistleblowing.
• Successfully making and resisting applications for interim relief.
• Securing and negotiating a high six figure settlement for an individual who alleged that a major banking institution had failed to take appropriate steps to organise and control its affairs and that management had failed to set up adequate risk management systems in breach of SYSC of the FCA Handbook.
• Representing an LLP Member who alleged that there had been breaches of the FCA Handbook principles (PRIN) and securing a substantial seven figure settlement sum.
• Advising numerous employees who alleged that there had been breaches of the FCA Handbook.

Working Time/Holiday Pay/Status

Oliver is regularly instructed to advise on working time/holiday pay cases and employment status cases.

Oliver regularly advises employers and employees with the complexities of TUPE 2006.

Cases

• Successfully appearing for an employee where it was contended by the employer that there was a “sham” assignment of employees to the undertaking transferred.
• Advising an employee on whether within the context of a service provision change a service had become too fragmented to mean that there was no transfer.
• F & G Cleaners v Saddington to IRLR 892 – An appeal on the principles to be applied to mitigation of loss in the context of a TUPE transfer.

 Other Cases

• Alukpe v South Thames College [2014] UKEAT 0395/13/MC
• Timbo v Greenwich Council for Racial Equality [2012] UKEAT/0160/12/SM
• Walsh v Yellow Pages Sales Limited [2011] UKEAT/0103/11/DA – (sub nom Conant v Arriva Trains Wales)
• Fullerton v Interrights [2009] UKEAT/0251/09
• Spicknell v The Wilts and Dorset Bus Company [2009] UKEATPA/1715/09
• Royal Bank of Scotland v Wilson [2009] UKEAT/0363/08
• Gladwell v Secretary of State for Trade and Industry [2006] ICR 264

Oliver has conducted employment and regulatory investigations.

He has conducted a number of investigations within the education sector.   His most recent investigations have involved allegations of sexual misconduct made against a university don, and a parental complaint against a teacher within a private school.

Oliver has also conducted investigations involving financial misconduct/fraud within the business sector and also allegations of bullying and harassment in the workplace.

Oliver has also conducted an investigation on behalf of the Conduct, Discipline & Regulatory Affairs Sub-Committee of Middle Temple providing a confidential report into allegations of professional misconduct.

Oliver is instructed in a wide range of commercial litigation, advising on both contentious (including any resulting litigation) and non-contentious matters. Oliver has assisted senior executives and companies on non-contentious matters including drafting and advising on: shareholder agreements, share sale agreements, partnership agreements, exclusivity agreements, and LTIP/bonus agreements.

Oliver is also an experienced advocate and adviser in a broad range of commercial disputes, at all stages from pre-action and interim stages to trials. He appears in both the High Court and the County Court, in matters relating to:

• Commercial expertise in contractual disputes, directors’ duties, partnership and shareholder rights.
• Injunction proceedings both for claimants and defendants, in the High Court on restrictive covenants, breaches of confidentiality and generally in obtaining or defending the grant of injunctive relief.
• Employment claims relating to bonuses, contractual redundancy payments, permanent health insurance and negligent references.
• Oliver also has extensive experience dealing with any subsequent professional negligence issues that arise from employment and commercial disputes; and is well versed in the particular issues relating to the quantification of damages and evaluation of “lost chances” which arise in such cases.

Cases

• S v R – Representing an LLP member who alleged he had been wrongfully excluded from the LLP.
• Little v Carterton Town Council & Others – Representing the town council regarding a claim made against the former mayor for recovery of moneys and defending a counterclaim for harassment under the Protection from Harassment Act 1997. Oliver represented the council in successfully striking out the counterclaim.
• C v D – Advising former employers who had allegedly stolen confidential information including customer data to create and set up a competing business and website.
• K v R – Advising a care home about its ability to enforce repayment provisions for training and whether the same constituted an unlawful restraint of trade/penalty.
• RE B – Claims for contractual redundancy payments under Agenda for Change.
• Advising former employees who had allegedly solicited work from clients whilst still employed.

Oliver accepts instructions under the Bar’s Public Access Scheme

Oliver has significant hands-on experience of a wide range of HR support matters including:

• Conducting independent investigations.
• Advising on the conduct of the investigation and disciplinary process.
• Acting as an independent chair of grievance, disciplinary and appeal panels.

Oliver is a qualified mediator and mediation advocate.  As a mediation advocate, Oliver has been trained by the Standing Conference of Mediation (SCMA) and has represented many Claimants and Defendants/Respondents in commercial and employment disputes utilising the Standards and Competencies in Mediation Advocacy.  Oliver is also a qualified mediator and is able to conduct commercial, employment and workplace mediations.

• Old Square Members deliver mock tribunal hearing (via CVP)
• Event: Confidentiality and Privacy (Bristol) 26th February 2020
• ICTS (UK) Ltd v Visram (2020) EWCA 202
• Oliver Isaacs to speak at the LegalFutures NDAs, Harassment and Whistleblowing Masterclass 2019
• Old Square Chambers welcomes Oliver Isaacs to our team in Bristol