Tom has been appearing regularly in the Employment Tribunals for over 12 years. Tom also appears in appeals before the Employment Appeals Tribunal and Court of Appeal and also has experience of restraint of trade cases in the High Court.
He is frequently instructed to appear in multi-day trials and preliminary hearings. He has an extensive paperwork practice and has been acknowledged by clients for providing thorough yet concise advice and robust pleadings. He also advises employer clients on various non-contentious matters, including TUPE transfers and the review of disciplinary and grievance policies.
In addition to work his work in the public sector, Tom is equally at home representing commercial clients and has been praised for his ability to quickly find a solution to a dispute that embraces an employer’s specific practical and business needs. His Respondent/Defendant clients have included major corporations such as GlaxoSmithKline, Sainsbury’s, Homebase, LHR Airports, Bibendum Wine and Selfridges.
He has achieved a number of high-value awards and settlements but is also quick to grasp the non-monetary aims pursued by Claimants such as negotiating re-engagement packages and agreeing full and fair references for dismissed employees. Tom regularly acts for trade union members and has represented Unite and UCATT members in multiple Tribunal claims involving trade union-related dismissals, non-payment of the National Minimum Wage and holiday pay.
Tom also has experience of advising and acting for clients in non-employment discrimination litigation in the civil courts, mainly in the provision of services.
He has an unstuffy and approachable manner with clients. Solicitors often mention how his conferencing skills make both Claimant and Respondent clients feel quickly at ease when faced with the potentially daunting prospect of litigation.
Reported / Noteworthy Cases:
Court of Appeal:
- Dunn v Secretary of State for Justice  IRLR 298 (Underhill LJ); one of the recent leading cases on s.15 discrimination, confirming the test for causation is the same as under s.13. Also deals with when cases should be remitted to the ET rather than substituted;
- Department for Work and Pensions v Robinson  UKEAT/0021/19 (EAT – Kerr J): on the application of the test for causation under section 15 of the Equality Act 2010 being more than simply but for and the burden of proof. Being heard in Court of Appeal in June 2020.
Employment Appeal Tribunal:
- Aston v Martlet Group Ltd  ICR 1417 (HHJ Auerbach): on disability discrimination, victimisation and whether doctrine of judicial proceedings immunity compatible with EU law;
- Davis-Bol v Brook Street and the Secretary of State for Justice UKEAT/0681/18 (HHJ Auerbach): time limits for appeals and extensions of time (racial harassment claim);
- Akhigbe v Berkeley Homes (Urban Renaissance) Limited  UKEAT/0005/18 (Kerr J): on whistleblowing, striking out and the meaning of detriment;
- Blakely v Onsite Recruitment  UKEAT/0134/17/DA (Choudhury J): test case on worker status in the construction sector and intention to create legal relations;
- Farrer v SOSJ  UKEAT/0286/17 (HHJ Richardson): test case on contractual status of civil service medical inefficiency payments and contractual interpretation;
- Pugh v RT Electrics Ltd  ICR D3 (Lady Wise): the application of res judicata / issue estoppel to determinations on time limits (disability discrimination claim);
- Secretary of State for Justice v Dunn  UKEAT/0234(Simler J): discrimination arising from disability, causation and the application of the burden of proof;
- Taylor v Governing Body of Potters Gate CE Primary School  UKEAT/0227/14 (HHJ Eady QC): on apparent bias and school governors (disability discrimination);
- Bleasdale v Healthcare Locums Plc  UKEAT/0324/13 (HHJ Peter Clark): on whistleblowing, misconduct and the reason for dismissal (causation).
- X v SOSJ : acted for Respondent in whistleblowing claim involving a high-profile interview given to BBC by TU official about prison officer assaults and understaffing;
- Kumrai v SOSJ and ors : acted for Respondent in claims of race discrimination brought by serving tribunal judge involving senior members of judiciary (reported in The Times);
- Slater and ors v Matthew Clark Bibendum :acted for the Respondent in these claims brought my multiple senior directors for breach of contract, unfair dismissal & under TUPE, following the break-up of Conviviality plc, the UK’s largest drinks distribution business;
- Gregory v DFT : acted for Respondent in claims involving whether the new Sat Nav driving test, rolled out nationwide, is indirectly discriminatory on grounds of disability;
- Dhami v Tesco Stores Ltd : acted for Claimant in one of first cases since the landmark UnisonSupreme Court judgment to consider unlawful tribunal fees as a reason for extending time in a disability discrimination case.