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 currently instructed in group equal pay litigation involving Glasgow City Council and also Sainsbury’s Supermarkets.
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.
His principal publications in the employment field include:
• S Brittenden and R Arthur, ‘The right to trade union representation: Kostal UK Ltd v Dunkley & Ors’, UK Labour Law Blog, 14 December 2021, https://uklabourlawblog.com
• S Brittenden, ‘The Coronavirus: Rights to Leave the Workplace and Strikes’, UK Labour Law Blog, 27 March 2020, https://uklabourlawblog.com
• Employment Precedents & Company Policy Documents KC (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
• Labour Law Highlights (2012 – 2021-) Institute of Employment Rights (eds. Rebecca Tuck KC, Betsan Criddle KC, and Stuart Brittenden)
Interim relief/confidential information:
Recent advisory/litigation experience in this field includes:
• USDAW & Ors v Tesco Stores Ltd  IRLR 844 CA: application for declaratory relief and permanent injunction to restrain practice of fire & re-hire to remove permanent entitlement to retained pay (junior counsel to P. Gilroy KC). Application for permission to appeal to the Supreme Court pending;
• Greenstein v UNISON QB-2019-004352: resisted interim injunction to restrain disciplinary process;
• BALPA & Anor v BA Cityflyer  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 Oliver Segal KC);
• 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  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  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.