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.
- 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)  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.
- Walsh v Yellow Pages Sales Limited  UKEAT/0103/11/DA – (sub nom Conant v Arriva Trains Wales) – A conjoined appeal where the EAT reviewed the authorities on when it is admissable for the Employment Tribunal to substitute its own view of the fairness for dismissal for that of the employer. Oliver appeared for Mr Walsh (in the EAT but not the ET) in successfully resisting Yellow Pages’ appeal.
- Holt v RES on Site Limited  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.
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.
- Smith v Gartner UK Ltd  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 (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.
- Timbo v Grenwich Council for Racial Equality EqLR 1010 – An appeal against the ET’s decision to strike out a Claimant’s claim three days into a liability hearing and whether it is appropriate to strike out where there are disputed facts.
- 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.
- Acetrip Limited v Dogra  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).
- 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 resisting an application for interim relief by an employee of a charity who suggested that he had been dismissed for having made protected disclosures.
- Securing a high six figure settlement against a major banking institution.
- Advising numerous employees who alleged that there had been breaches of the FCA Handbook.
Transfer of Undertakings
Oliver regularly advises employers and employees with the complexities of TUPE 2006.
- 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.
- Alukpe v South Thames College UKEAT 0395
- Stepford Homes v Lee & Others EWHC 4433
- Fullerton v Interrights UKEAT/0251/09
- Spicknell v The Wilts and Dorset Bus Company UKEATPA/1715/09
- Royal Bank of Scotland v Wilson  UKEAT/0363/08
- Hosso v ECM Ltd (No 1) All ER D 160
- Gladwell v Secretary of State for Trade and Industry ICR 264
- Mowels v Vox Displays Limited All ER (D) 40