Restrictive covenants and linked commercial work
Heavy advisory and court-based practice for claimants and defendants in connection with breach of employment obligations including actions concerning breach of confidence and restrictive covenants. Ongoing cases include High Court springboard injunction proceedings for various large companies including 2 PLCs.
Regularly advises on issues relating to bonuses. Recently successfully mediated a bonus case on behalf of a Claimant involving dismissal prior to the accrual of a substantial bonus. The Claimant’s case was put on the basis that it was a breach of an implied term to dismiss without good cause when doing the same deprived the Claimant of the accrued but as yet unpaid bonus.
Successfully represented former employee sued for conspiracy to defraud in the High Court and successfully pursued claim in the Employment Tribunal resulting in an award of damages and costs against the employer.
Involved in football litigation and recently involved in High Court and Employment Tribunal proceedings against Chelsea Village Plc.
Happy to accept instructions on a CFA basis.
He has experience of advising on settlement of Employment Tribunal claims on a collective basis and also appearing in ETs with regard to attempts to overturn COT3 agreements.
Simon is currently advising a prominent local authority in connection with single status, pay protection and the effects of the Redcar & Cleveland decisions. This is very much an evolving issue.
He has been in two high-profile reported decisions for both employers and claimants:
- Derbyshire v. St Helens. House of Lords dealing with the legitimate boundaries of an employer’s ability to persuade equal pay litigants to compromise their claims. This is now the definitive authority on victimisation in discrimination law.
- Appeared for the claimant in Kells v. Pilkington Plc [2002] IRLR 693 EAT in connection with identification of proper comparators in equal pay cases.
Recently reported case of National Probation Service for England and Wales (Cumbria Area) v Kirby on what conduct is covered by anti-victimisation legislation.
Represented the employers/pub owners in the Commission For Racial Equality supported test case of O’Leary & Others v. Allied Domecq, which determined that Irish Travellers were an ethnic group within the meaning of the Race Relations Act.
Regularly instructed in multi-week sex, race and disability claims (employer and employee mix). Recently completed a successful three week disability claim for a claimant against the Prison Service in which the claimant was awarded damages and her costs.
Regularly instructed to advise and represent solicitors’ partnerships in relation to sex discrimination and related matters.
Recently lectured on Sexual Orientation, Religious and Other Belief Regulations to the Liverpool Law Society.
Regularly advises on and represents parties in respect of all aspects of TUPE.
Recently successfully represented legal fee earners in a TUPE case against Manchester solicitors, John Hardman & Co, leading to an award of damages in excess of six figures. This case is on appeal to the EAT.
Recent reported decision on TUPE avoidance following multi-week hearing Astles & Others v. Cheshire County Council and another. Other reported cases include RCO Support Services v. Unison and P & O Trans European Ltd v. Initial Transport Services Ltd.
General Employment
Handles all types of employment disputes and regularly appears in the Employment Tribunal and has a substantial appellate practice in the EAT.
Recently represented a managing director of a large company for unfair dismissal in the Employment Tribunal. The Claimant was awarded the maximum compensatory award and his costs.
Regularly instructed in appellate matters. Cases include: Court of Appeal case of Ind Coope v. Alboni on determining the reason for dismissal; EAT case of Constantine v. McGregor Cory on reinstatement and remedy; Court of Appeal case of Whitbread Plc v. Hall on the band of reasonable responses.
