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.
Before moving to Old Square Chambers in 2011, Simon practised from Ely Place Chambers, where he was head of the employment group and where many of his cases had links with the media and/or an overlap with defamation. He has acted for or against all the major newspapers, as well as in claims and disputes involving film and television companies and media agencies.
Simon represents both employers and employees and has a wide client base. He frequently acts for NHS Trusts, local authorities, the police and other public bodies, as well as for 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:
- Corsham v Police and Crime Commissioner for Essex  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  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  ICR 683, CA; acting for an NHS Trust in the CA and EAT –  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  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  IRLR 355, CA: acting for the PDAU in CA in an appeal from the High Court –  IRLR 887 – arising out of a CAC decision on union recognition and “sweetheart” unions.
- Lock v British Gas Trading Ltd  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 ( ICR 813), which held that commission was part of a worker’s normal remuneration, then back to the ET ( IRLR 438) and on appeal to the EAT ( 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  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  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  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  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  ICR 1395, CA: choice of jurisdiction in wrongful dismissal/breach of contract claims.
- 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.