Stuart’s principal areas of practice include: collective redundancies; discrimination (all categories of protected characteristics under the Equality Act 2010, as well as fixed-term employees, part-time workers, agency workers, trade union members, blacklisting); equal pay; negligent references; permanent health insurance (PHI); protected disclosures/whistleblowing; TUPE; unfair and wrongful dismissal; union recognition and disclosure of information for collective bargaining (CAC proceedings). In addition, he also has experience of professional negligence (usually employment law related).
He is frequently instructed to advise in respect of bonus/contractual disputes; confidential information; fiduciary duties; interim relief; and restrictive covenants/restraint of trade. His particular interest lies in the areas of discrimination, equal pay, and employee competition/restraint of trade/fiduciary duties.
Publications:
His principal publications in the employment field include:
- Employment Precedents & Company Policy Documents(eds HHJ McMullen QC/Jeffreys/Julyan)(Sweet & Maxwell) – (1) Grievance & Disciplinary Procedures; (2) Union Recognition/collective redundancies; and (3) Works Councils
- Munkman on Employer’s Liability(Lexis Nexis UK) – author of 2 chapters. 17th Edition, 2019
- Westlaw Insight Employment Law Encyclopaedia (2012-) – author of various chapters
- Labour Law Highlights(2012- 2020) Institute of Employment Rights (eds. Rebecca Tuck QC & Betsan Criddle)
Interim relief/confidential information:
Recent advisory/litigation experience in this field includes:
- Greenstein v UNISON QB-2019-004352:resisted interim injunction to restrain disciplinary process;
- BALPA & Anor v BA Cityflyer [2018] EWHC 1889 (QB):instructed by BALPA in its application for interim declaratory relief. High Court provided guidance on relatively untested CPR Part 25.1(b)(junior to O. Segal QC);
- Successfully obtained ex parte injunction in the Chancery Division to restrain use of covertly recorded privileged material and delivery up of recording/transcripts: Brighton & Sussex University Hospitals NHS Trust v Zia & Ors;
- Successfully represented Trust to resist application for interim relief; alleged breach of disciplinary procedure: Dunn v Basildon & Thurrock University Hospitals NHS Foundation Trust [2013] EWHC 3636 (QB);
- Successfully defended law firm against application for interim relief preventing use of confidential information (covert recording of private discussions in collective bargaining process) Syncreon Automotive (UK) Ltd v Unite the Union & Thompsons Solicitors [2009] EWHC 437.
- Instructed on various confidential matters advising in respect of team moves, post-termination restrictions/confidential information; dismissal in breach of contractual capability procedure;