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Employment

Members of Lamb Chambers’ Employment team have a broad experience of all areas of employment and discrimination law, working in the Employment Tribunal, Employment Appeals Tribunal and the Civil Courts. We also have experience undertaking a wide range of injunction work. Our clients range from individuals to company directors and large public and private organisations. One member of the team sits as a part-time employment judge in London. The work we carry out includes:

  • Unfair and wrongful dismissal, including gross misconduct, redundancy, whistle blowing, constructive dismissal;
  • Equality and discrimination, including race discrimination, sex and sexual orientation discrimination, religion and belief discrimination, disability discrimination, age discrimination;
  • Commercial employment disputes, including restrictive covenants, confidentiality, breaches of duty by directors and fiduciaries and injunctive relief;
  • TUPE and other statutory employment rights, including redundancy, equal pay, maternity and paternity rights, Working Time Regulations, wages, Health and Safety.

Where appropriate we accept instruction under conditional fee agreements, and a number of our members are regularly instructed for legal expense insurance-funded claimants. We have a good working relationship with most such insurers, who are prepared to authorise our members to be instructed by either “panel” or “non-panel” solicitors.

In addition to accepting instructions from solicitors and organisations (public and private) some members accept instructions on a public access basis. We undertake non-contentious work (drafting contracts and handbooks) and can arrange seminars and training, accredited by the Law Society and the Bar Council; this can be tailored to a client’s specific requirements.

Unfair and Wrongful Dismissal

We have an established team of barristers who deal with all aspects of unfair and wrongful dismissal litigation in both the Employment Tribunals and the Civil Courts.  Members at all levels of seniority regularly represent both claimants and respondents in the employment law field.  

We recognise that in Employment Tribunal work, where costs are rarely recoverable, it is important to be able to offer experienced counsel at a level which is proportionate to the value of the claim.  

Many of our junior members have substantial Employment Tribunal advocacy experience, fighting trials and dealing with PHRs and CMDs in a broad range of cases.  Our senior members are regularly appearing in longer or more complex Employment Tribunal trials and appeals to the EAT.

Members of the Employment Group team have considerable experience (on both sides of such litigation) in cases involving:

  • Misconduct and gross misconduct dismissals,
  • Redundancy and Business reorganisation dismissals;
  • Whistleblowing claims;
  • Discrimination dismissals; and
  • Constructive dismissals.

We provide expertise and commercial experience at all stages of such litigation, from preliminary pre-issue advice through to mediation (including Employment Tribunal judicial mediation, which we find is increasingly appropriate in substantial claims now) and to representation at trial and on appeal.

Members specialise particularly in multi-faceted employment claims, involving aspects of pure employment law and other associated contractual or statutory issues. 

We find that our clients appreciate the particular skills and experience which we can provide when considering the dual aspects of such matters.  It is often important to have a barrister who can advise on both the commercial and employment law issues involved in a complex, multi-layered dispute.

 Members of the Lamb Chambers Employment Group have achieved some very significant successes in unfair and wrongful dismissal claims and our Clerking team will be able to provide specific recommendations and references if requested.

Equality and Discrimination

We have an established team of barristers who deal with all aspects of Discrimination claims under the Equality Act in the Employment Tribunals.  

Members of the Employment Group, at all levels of seniority, regularly represent both claimants and respondents in such discrimination claims. 

We recognise that in Employment Tribunal work where costs are rarely recoverable, it is important to be able to offer experienced counsel at a level which is proportionate to the value of the claim. 

Many of our junior members have substantial Employment Tribunal advocacy experience, fighting discrimination trials and dealing with preliminary issues (such as whether a claimant is or is not disabled within the statutory definition) at PHRs and CMDs in a broad range of discrimination cases.  

Our senior members are regularly appearing in longer or more complex discrimination Employment Tribunal trials and appeals to the EAT.

We have considerable experience (on both sides of such litigation) in cases involving:

  • Race discrimination
  • Sex discrimination
  • Sexual orientation discrimination
  • Religion and belief discrimination
  • Disability discrimination
  • Age discrimination
  • Associated victimisation claims.

We provide expertise and commercial experience at all stages of such litigation, from preliminary pre-issue advice through to mediation (including Employment Tribunal judicial mediation, which we find is increasingly appropriate in substantial discrimination claims now) and to representation at trial and on appeal.

Members of Lamb Chambers Employment Group specialise particularly in the handling of serious cases involving discrimination issues, and we are recommended by our clients for our understanding of the very personal and sensitive nature of such matters.  

We realise that money is often not the principal issue in such claims and that a holistic approach may be required, whether representing claimants (who have suffered discrimination) or respondents (whose employees may face unfair allegations of discrimination).

Commercial Employment Disputes

We have an established team of barristers who deal with all aspects of commercial employment litigation in the Civil Courts, especially the High Court. 

Members of the Employment Group, at all levels of seniority, regularly represent both claimants and defendants in such commercial disputes. 

We recognise that, where costs are such an important issue, it is important to be able to offer experienced counsel at a level which is proportionate to the value of the claim.

Members of the Employment Group team have considerable experience (on both sides of such litigation) in cases involving:

  • Restrictive covenants in employment and partnership agreements;
  • Competition issues arising from the breakdown of such relationships;
  • Confidentiality issues – both contractual and under the common law;
  • Breaches of Fiduciary Duty – by directors and senior employees or partners; and
  • Injunctive Relief – including urgent ex parte applications.

We provide expertise and commercial experience at all stages of such litigation, from preliminary pre-issue advice through to mediation (which we find is increasingly appropriate in substantial and complex commercial employment claims now) and to representation at trial and on appeal.

Members of Lamb Chambers Employment Group specialise particularly in multi-faceted employment  claims, involving aspects of pure employment law and the commercial competition issues that often arise when a senior member of staff leaves. 

Our clients appreciate the particular skills and experience which we can provide when considering the dual aspects of such matters.  It is often important to have a barrister who can advise on both the commercial and employment law issues involved in a complex, multi-layered dispute.

We realise that simple damages is often not the principal issue in such claims and that a more wide-ranging commercial approach may be required, whether representing claimants or defendants.

Members of the Lamb Chambers Employment Group have, over the past few years, achieved some very significant successes in High Court commercial employment claims and our Clerking team will be able to provide specific recommendations and references if requested.

TUPE and Statutory Employment Rights

We have an established team of barristers who deal with all aspects of Transfers of Undertakings and other statutory employment claims in the Employment Tribunals. 

Members of the Employment Group, at all levels of seniority, regularly represent both claimants and respondents in such claims, whether the claims are free-standing or part of wider dismissal or discrimination cases.  

We recognise that, in Employment Tribunal work, where costs are rarely recoverable, it is important to be able to offer experienced counsel at a level which is proportionate to the value of the claim. 

Many of our junior members have substantial Employment Tribunal advocacy experience, fighting trials and dealing with preliminary issues (such as the identification of the correct Respondent in TUPE cases) at PHRs and CMDs in relation to a broad range of statutory rights. 

Our senior members are regularly appearing in longer or more complex discrimination and dismissal claims which include TUPE issues and subsidiary statutory rights, and appeals to the EAT.

Members of the Employment Group team have considerable experience (on both sides of such litigation) in cases involving:

  • TUPE – including consultation, information and service provision change issues;
  • Redundancy payments – including issues arising upon insolvency of the employer;
  • Equal pay;
  • Maternity and Paternity Rights;
  • Working Time Regulations;
  • Deductions from wages claims;
  • Health and Safety at work; and
  • Victimisation claims arising from enforcing such rights.

We provide expertise and commercial experience at all stages of such litigation, from preliminary pre-issue advice through to mediation (including Employment Tribunal judicial mediation, which we find is increasingly appropriate in the more complex, multi-party claims now) and to representation at trial and on appeal.

Members of Lamb Chambers Employment Group specialise particularly in the handling of serious cases involving TUPE issues, and we are recommended by our clients for our practical and commercial advice in such matters.  

We realise that money is often not the only issue in such claims and that a holistic approach may be required, whether representing claimants or respondents.

 


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