Simon Cheetham KC

Simon has been recognised by Chambers & Partners and The Legal 500 as a leading practitioner in employment law for many years.  He has extensive experience of employment law and has frequently been instructed in complex and high-value claims. His practice covers the full range of employment cases, including discrimination, industrial relations, TUPE, whistle-blowing and contractual disputes. He was heavily involved in holiday pay litigation for several years.

Simon represents both employers and employees and has a wide client base.  He frequently acts for NHS Trusts, public authorities (including central and local government), as well as for universities, financial institutions and corporate employers of all sizes. He has been instructed by and on behalf of numerous trade unions and has represented individuals in all types of employment claims – past clients have included Sir Elton John and Selina Scott.

Reported and significant cases include:

• Baker et al v Post Office Limited [2022]: instructed by the CWU on behalf of sub-postmasters in a tribunal claim that considered their employment status under the Working Time Regulations.
• Hammersmith & Fulham LBC v Keable [2022] IRLR 4: acting for local authority in ET and EAT in claim brought by a political activist employee dismissed for voicing views about Zionism outside work.
• Corsham v Police and Crime Commissioner for Essex [2020] ICR 268, HC: acting for claimants, where the police authority had failed to advise retiring officers, who were about to be employed in civilian roles, about taxation of pensions.
• BA v BALPA [2020] IRLR 43, CA: acting for BALPA in BA’s High Court application for injunction and subsequent appeal to the CA; both courts held that BALPA’s description of “categories” of employees under TULR(C)A 1992 s.226A was correct.
• Idu v East Suffolk and North Essex NHS Foundation Trust [2020] ICR 683, CA; acting for an NHS Trust in the CA and EAT – [2019] ICR 623 – in appeals concerning the meaning of “professional misconduct” in MHPS.
• Dronsfield v University of Reading UKEAT/0255/18: successfully representing the University in two appeals to the EAT – the first is reported at [2016] ICR 1107 – regarding a claim brought by a lecturer, who had been dismissed for not disclosing a relationship with a student.
• R (on the application of Boots Management Services Ltd) v CAC [2017] IRLR 355, CA: acting for the PDAU in CA in an appeal from the High Court – [2014] IRLR 887 – arising out of a CAC decision on union recognition and “sweetheart” unions.
• Lock v British Gas Trading Ltd [2017] ICR 1, CA: acting for the Claimant throughout this leading case on pay in respect of annual leave, which went from the ET to the CJEU ([2014] ICR 813), which held that commission was part of a worker’s normal remuneration, then back to the ET ([2015] IRLR 438) and on appeal to the EAT ([2016] ICR 503) and CA.
• Fulton v Bear Scotland Ltd UKEATS/0010/16; representing the claimants in the Scottish EAT concerning the three-month rule on claims for unlawful deductions.
• Commissioner of Police of the Metropolis v Shaw [2012] ICR 464, EAT: acting for Commissioner in appeal; Underhill P’s judgment sets out principles to be applied by employment tribunals in the award of aggravated damages.
• Wardle v Credit Agricole Corporate & Investment Bank [2011] ICR 1290, CA: acting for claimant in high-value City claim for unfair dismissal and victimisation; the CA considered the principles involved in awarding an uplift on compensation and how the tribunal should approach long-term loss.
• Orr v Milton Keynes Council [2011] ICR 704, CA: acting for Council in unfair dismissal/race discrimination claim where CA considered what an employer “knows” for the purposes of a fair dismissal.
• Rolls Royce v Unite the Union [2009] IRLR 576, CA; whether use of length of service in collectively agreed redundancy exercises could be justified in age discrimination claim.
• Fraser v HLMAD Ltd [2006] ICR 1395, CA: choice of jurisdiction in wrongful dismissal/breach of contract claims.

Memberships

• Employment Law Bar Association
• Employment Lawyers’ Association
• Industrial Law Society

Publications & Training

• Atkins Court Forms. Co-contributor (with Victoria Webb) to 2013 edition of Employment Law volume
• Equality and Discrimination – the New Law (co-author with Brian Doyle et al, Jordans, July 2010)
• Age Discrimination – the New Law (Jordans, 2006)
• Articles for New Law Journal, ELA Briefing

Simon has many years’ experience of providing training on all aspects of employment, discrimination and industrial relations law at conferences, lectures and seminars, both in-house, for ELA and for leading training providers. He has been a speaker at the annual conference for employment judges and has been a trainer for the employment judges in London South.

Simon advises regularly on pensions and in particular on issues arising from public sector pension schemes, including their discriminatory impact, and on pension losses in high-value employment cases.  He has been acting for the BMA in its employment tribunal claims concerning the discriminatory effect of the transitional provisions in the NHS Pension Scheme.

Reported and significant cases include:

• Sanderson v NHS Business Services Authority [2020] ICR 905: acting for family of locum GP in High Court over death in service benefits and whether she was in “pensionable employment” at the time of her death.
• Corsham v Police and Crime Commissioner for Essex [2020] ICR 268, HC: acting for claimants, where the police authority had failed to advise retiring officers, who were about to be employed in civilian roles, about taxation of pensions.
• Ellis v Cabinet Office [2015] Pens.LR 379, CA: acting for prison officer member in an appeal concerning the right to an unreduced pension on transfer from public to private sector.
• Oxer-Patey v Commissioner of Police of the Metropolis [2013] EWHC 4751 (QB): acting for the Commissioner in High Court proceedings considering Police Pensions and Convention Rights.

Simon has advised and represented health professionals and their employers in proceedings before disciplinary panels, professional bodes and in the courts (including injunctions).  He has presented the management case at a number of internal MHPS hearings for NHS Trusts. He also has extensive experience of the NHS through frequent representation in the employment tribunal. His experience of regulators includes the MPTS, GPhC and the NMC.

In addition, Simon has acted both for academics and for colleges and universities in internal disciplinary procedures. This includes acting as an investigating officer to determine whether conduct proceedings should be commenced. His recent investigations have been carried out for the Universities of Cambridge, Plymouth and Warwick.  He was the chairman of the Royal Mail National Appeals Panel (2011 to 2018), which hears internal appeals brought by trade union officials who have been dismissed or disciplined.

Reported and significant cases include the following:

• Idu v East Suffolk and North Essex NHS Foundation Trust [2019] EWCA Civ 1649; acting for an NHS Trust in the CA and EAT – [2019] ICR 623 – in appeals concerning the meaning of “professional misconduct” in MHPS.
• Jahangiri v St George’s University Hospitals NHS Foundation Trust [2018] Med. L.R. 625, HC: representing the Trust in a high-profile injunction requiring the Trust to lift an exclusion.
• Al-Obaidi v Frimley Health NHS Foundation Trust [2018] EWHC 2494 (QB): representing the Trust in injunction proceedings arising out of restrictions on practice.

Simon’s data protection practice was largely built on his extensive work on the introduction of the GDPR, which included delivering numerous lectures and seminars for ELA, ILS and in-house.

He regularly advises public bodies (both central and local government), employers and trade unions, as well as individuals, on the full range of data protection issues around processing and disclosure.  Recent work includes advising an executive agency of the Government on the serious harm test, advising a trade union on data processing issues arising in elections and defending a GP surgery in a claim brought by a patient.

Cases include:

• Damavand Media Ltd v DMA Media Ltd [2021] EWHC 3164 QB: acted for claimants in substantial GDPR and breach of contract claims involving an Iran-focused TV channel.

Simon has over 30 years’ experience as an employment lawyer and 20 years as an employment judge.  During that time, he has carried out a range of independent investigations, ranging from allegations of discrimination, bullying and harassment to serious financial irregularities, regulatory and election procedure breaches.

As one of his practice areas is data protection, he has particular expertise in dealing with investigations that concern the use of information, as well as issues of privacy and confidentiality.

Simon is a qualified mediator and is also a judicial mediator.  He spent a number of years as a teacher and lecturer before coming to the Bar, so has a particular interest in the education sector.

Examples

Higher education sector:

• A high-profile investigation into allegations of bullying and sexual harassment against the Chair of a University Board, which included allegations brought by the Vice Chancellor. The investigation involved interviewing members of the Board, staff and students.
• An investigation into serious and complex allegations of financial irregularities by the head of a university faculty, which involved third party external funding and allegations of fraud.
• Investigating allegations of bullying and favouritism within an Oxbridge department, which were brought against the head of department and a senior colleague and involved interviewing more than 30 academics and administrative staff.

Private sector:

• Carrying out parallel investigations over a 6 month period into serious complaints brought by former senior officers of a global professional membership body.
• Conducting an investigation for a leading barristers’ chambers into allegations of discrimination, bullying and harassment.
• Investigating allegations of race discrimination within an international management consultancy, which included interviewing witnesses outside the UK.

Trade unions:

• Carrying out a full investigatory review of a high-profile election for a major trade union, where there were alleged irregularities; this included making recommendations for the conduct of future elections. The report was published here.

Media:

• Conducting an investigation into complaints about a lack of diversity and discrimination within the film and television industry.
• Carrying out a series of investigations into widely-reported allegations of discrimination (including sexual harassment) and serious misconduct in the newsroom of a national newspaper.

Simon trained as a mediator at CEDR and has since acted in a range of mediations arising from workplace disputes and he is also a judicial mediator in the employment tribunal.  His long experience as an employment judge is particularly valued in mediations, as he can provide a realistic assessment of how a tribunal would approach the dispute in question.

Recent Mediations

• Separate disputes involving an airline, where Simon has been retained by a leading firm of solicitors to act as mediator in high-value claims.
• A mediation involving a chief executive, where the successful outcome had to address complex pension and company law issues.
• Mediating successfully in an acrimonious dispute between members of a family who were co-directors and employees of a company.

In the last year, Simon has:

• Carried out a full investigatory review of a high-profile election for a major trade union, where there were alleged irregularities; this included making recommendations for future elections.
• Represented BALPA in the High Court and Court of Appeal in a high-profile injunction application brought by BA to prevent strike action (BA v BALPA).
• Acted for an NHS Trust in a Court of Appeal hearing concerning the meaning of “professional conduct” in MHPS (Idu v East Suffolk and North Essex NHS Foundation Trust).
• Acted for police officers in an appeal from the Pensions Ombudsman, where the police authority failed to inform retiring officers, who were about to re-employed, about taxation of pensions (Corsham v Police & Crime Commissioner for Essex).
• Represented the BMA in its age discrimination challenge to the public sector pension reforms.

• Corsham v Police and Crime Commissioner for Essex [2020] ICR 268, HC: acting for claimants, where the police authority had failed to advise retiring officers, who were about to be employed in civilian roles, about taxation of pensions.
• Sanderson v NHS Business Services Authority [2020] ICR 905: acting for family of locum GP in High Court over death in service benefits and whether she was in “pensionable employment” at the time of her death.
• BA v BALPA [2020] IRLR 43, CA: acting for BALPA in BA’s High Court application for injunction and subsequent appeal to the CA; both courts held that BALPA’s description of “categories” of employees under TULR(C)A 1992 s.226A was correct.
• Idu v East Suffolk and North Essex NHS Foundation Trust [2020] ICR 683, CA;acting for an NHS Trust in the CA and EAT   – [2019] ICR 623 – in appeals concerning the meaning of “professional misconduct” in MHPS.
• Dronsfield v University of Reading UKEAT/0255/18: successfully representing the University in two appeals to the EAT – the first is reported at [2016] ICR 1107 – regarding a claim brought by a lecturer, who had been dismissed for not disclosing a relationship with a student.
• Jahangiri v St George’s University Hospitals NHS Foundation Trust [2018] Med. L.R. 625, HC: representing the Trust in a high-profile injunction requiring the Trust to lift an exclusion.
• R (on the application of Boots Management Services Ltd) v CAC [2017] IRLR 355, CA: acting for the PDAU in CA in an appeal from the High Court – [2014] IRLR 887 – arising out of a CAC decision on union recognition and “sweetheart” unions.
• Lock v British Gas Trading Ltd [2017] ICR 1, CA: acting for the Claimant throughout this leading case on pay in respect of annual leave, which went from the ET to the CJEU ([2014] ICR 813), which held that commission was part of a worker’s normal remuneration, then back to the ET ([2015] IRLR 438) and on appeal to the EAT ([2016] ICR 503) and CA.
• Fulton v Bear Scotland Ltd UKEATS/0010/16;representing the claimants in the Scottish EAT concerning the three-month rule on claims for unlawful deductions.
• Ellis v Cabinet Office [2015] Pens.LR 379, CA: acting for prison officer member in an appeal concerning the right to an unreduced pension on transfer from public to private sector.
• Commissioner of Police of the Metropolis v Shaw [2012] ICR 464, EAT: acting for Commissioner in appeal; Underhill P’s judgment sets out principles to be applied by employment tribunals in the award of aggravated damages.
• Wardle v Credit Agricole Corporate & Investment Bank [2011] ICR 1290, CA: acting for claimant in high-value City claim for unfair dismissal and victimisation; the CA considered the principles involved in awarding an uplift on compensation and also how the tribunal should approach long-term loss.
• Orr v Milton Keynes Council [2011] ICR 704, CA: acting for Council in unfair dismissal/race discrimination claim where CA considered what an employer “knows” for the purposes of a fair dismissal.
• Rolls Royce v Unite the Union [2009] IRLR 576, CA; whether use of length of service in collectively agreed redundancy exercises could be justified in age discrimination claim.
• Fraser v HLMAD Ltd [2006] ICR 1395, CA: choice of jurisdiction in wrongful dismissal/breach of contract claims.

• High Court gives judgment in the case of Uber Britannia Limited v Sefton Borough Council
• OSC and BMA supports Chief Medical Director, in successful ‘whistleblowing’ case (from The BMA website)
• What’s the damage? The Supreme Court confirms that measurable loss or distress required in order for damages to be awarded under the DPA 1998, and stymies the use of representative procedures in affected data cases in Lloyd v Google [2021] UKSC 10.
• ‘Everyonesinvited’ – the data protection implications for schools – Simon Cheetham QC
• Public Sector Exit Payments Advisory Team