Profile description
Employment and Regulatory
Paul is an experienced specialist employment law barrister and a member of the Employment Lawyers Association. He has a national practice encompassing the full range of employment law issues including but not limited to:
- Unfair Dismissal
- Constructive Dismissal
- Wrongful Dismissal
- Discrimination of all kinds
- Equal Pay
- Whistleblowing
- Flexible Working
- Redundancy
- Breach of contract claims in the County Court and High Court
Paul regularly appears at tribunals nationwide but he prides himself on a conciliatory approach to employment disputes and he is pleased to say that the vast majority of cases that he deals with settle amicably without the need for a hearing which ultimately saves the parties time and costs. Paul's employment work is generally split at 75% Claimant and 25% Respondent.
Paul offers advice in writing, conference and by telephone as well as assistance with disciplinary and grievance procedures, document drafting and advocacy at interim and final hearings.
In addition to his busy employment law practice, Paul deals with professional regulatory/disciplinary matters (primarily in the sporting, legal and healthcare sectors).
He also accepts instructions to advise and represent clients in relation to discrimination proceedings being handled by the civil courts in addition to the Employment Tribunal, including discrimination claims against educational institutions, airlines and a variety of other service providers, including in the retail sector.
Notable/reported cases
Whitbourn, Atherton, Neto -v- Key People Limited (1) Just Recruit Group Limited (2): Paul represented three Claimants on a direct access basis from day one through to a successful conclusion after a fully contested trial. The Tribunal found that all three Claimants were unfairly dismissed and Miss Whitbourn was discriminated against on the grounds of sex. The total award was in excess of £200,000 and the case was also reported in the national media. Both Respondents were legally represented by expensive London solicitors who repeatedly threatened Paul's clients with costs.
- https://assets.publishing.service.gov.uk/media/606ec60ee90e076f4901996a/Mrs_P_Whittbourn___Others_v_Key_People_Limited___Others_-_3303448_2019___Others_-_Reserved_Judgment.pdf
- https://www.dailymail.co.uk/news/article-9453301/Recruitment-firm-boss-didnt-approve-office-romances-forced-pay-100-000.html
Phillips -v- Pontcanna Pub Company Limited: Paul was instructed by local solicitors and represented a young female bartender who was violently choked by a colleague at a work Christmas Party. The Claimant complained to management who turned a blind eye to the perpetrator’s conduct and sought to downplay the incident, even making jokes about it. The Claimant resigned and brought a claim of constructive unfair dismissal. Her claim was successful following a trial where the Respondent was represented by solicitors and counsel who threatened to make an application for costs if the claim was not successful. The case was widely reported in the media.
- https://www.walesonline.co.uk/news/wales-news/manager-cardiff-bar-strangled-until-15391665
- https://www.thesun.co.uk/news/7909259/bar-manager-headlock-passes-out-hits-head-christmas-party/
- https://assets.publishing.service.gov.uk/media/5c07f01ced915d7455f5165d/Miss_Molly_Phillips_v_Pontcanna_Pub_Company_Ltd_-_1600719.2018_-_Judgment.pdf
Professor T Ahmed -v- United Lincolnshire Hospitals NHS Trust: The Claimant instructed Paul directly and he represented him at a 10 day hearing before the Nottingham Employment Tribunal. The Claimant’s claims of unfair dismissal, direct discrimination (race) and victimisation were upheld following a botched disciplinary hearing. The Respondent NHS Trust fought the claim vigorously and sought to discredit the Claimant’s evidence at trial but the Tribunal were highly critical of the Respondent’s procedure in their judgment. The case was reported in the media and a remedy hearing will be listed to determine compensation which is likely to be significant.
- https://www.dailymail.co.uk/news/article-11010187/NHS-trust-lose-racism-case-against-sacked-Asian-professor-accused-playing-race-card.html
- https://assets.publishing.service.gov.uk/media/62cd432dd3bf7f3006989d58/Prof_T_Ahmed_v_United_Lincolnshire_Hospitals_NHS_Trust_22600767.2020.pdf
Ahmed -v- Medexpress Limited: Paul represented the Respondents on a direct access basis and successfully defended multiple claims including constructive dismissal, discrimination on the grounds of race and sex as well as whistleblowing detriment during the course of a ten day trial. The case was reported in the national media and the judgment was circulated to the parties recently and is due to be published the near future.
Civil and Commercial Litigation
Paul maintains a busy civil litigation practice which includes fast and multi track claims relating to business and commercial law, pesonal injury, clinical negligence, contractual disputes, property, debt recovery and consumer credit. He also accepts instructions in the areas of credit hire, road traffic accidents and holiday sickness claims and claims relating to aircraft and aviation.
Unusually for a direct access barrister, Paul is qualified to provide litigation services for lay clients in appropriate cases, meaning that he can fulfil the roles of both solicitor and barrister in one. Among other things, this allows Paul to accept instructions from lay clients to prepare letters of instruction for expert witnesses to support claims in a range of areas including personal injury and clinical negligence.
Paul regularly provides drafting and advisory services to solicitors and lay clients who routinely instruct him to attend hearings in the High Court and the County Court including:
- Letters of Claim (pre-action protocol letters)
- Pre-Action Disclosure applications
- The full range of interim applications
- CCMCs
- Disposal hearings
- Trials including liability, causation and LVI / alleged fraud
- Costs hearings
- Appeals
Paul has accrued extensive experience of the law surrounding discrimination, equality of opportunities, and equal treatment at work from his employment practice. He is equally happy to advise and represent clients in relation to civil discrimination claims heard in the County Court as in the Employment Tribunal.
