BA (Hons) Law
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LLM
Advanced Litigation (now LLM in Advanced Litigation and Dispute Management)
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Dip IM (ADR) -
(Diploma
in International Mediation - Alternative Dispute Resolution)
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FCIArb
(Mediation) -
Amongst the first 25 to be made Mediation Fellows of the Chartered Institute of Arbitrators |
FCIPD
- Fellow of the Chartered Institute
of Personnel and Development |
Accredited Mediator - accredited by Chartered Institute of
Arbitrators;
MTVM;
ADR Group and ADR Chambers.
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IMI Certified Mediator - International
Mediation Institute Certified Mediator |
Barrister
(called
1979 - Middle Temple) |
In July 2002 I became the
first Barrister to be granted the
right to conduct litigation
under the Employed Barristers (Conduct of Litigation) Rules 2002 |
In March
2004 I was one of the first of a group of Barristers to qualify under the
Direct Public Access rules.
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Member of:
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- Employment Law
Bar Association
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- Employment Lawyers
Association
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Public Access Bar Association
(Also a member of the original PABA Steering Committee)
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-
Civil Mediation Council
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Listed on the
Bar Council's
list of Barrister Mediators
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Member of the
Chartered Institute of Arbitrators Panel of Commercial Mediators
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Appointed Visiting Fellow of
Kingston University, School of Law
in 2007
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I have
specialised in employment and contract law since being called to the bar early
in 1979 and in mediation since the 1980s.
In
1980 I was appointed Employment Law Adviser to Institute of Personnel
Management
(now
the Chartered Institute of Personnel and Development); a position in
which I remained until
mid-1994. As such I advised the Institute and its members on day-to-day employment
law,
industrial relations, dispute resolution and associated matters. This was a part-time time
appointment and during
this time I also advised and represented members and their companies
in
employment
matters both to avoid tribunals and at tribunals and EAT. Because of my position with the CIPD
the emphasis of my work was
primarily on
respondent work.
I have acted for
companies and organisations of all sizes and in all areas of operation from
Government Departments, Local Authorities,
Health Authorities, national organisations
responsible for areas of the arts, large charitable trusts, professional firms and
companies
with many thousands of employees right down to small firms with only
a few employees.
I
have been involved in numerous mediations as a workplace mediator (ie:
while employment is
still continuing), employment mediator (at or after the termination of
employment)
and as a family mediator and as a commercial and civil mediator as a
well as acting
as a representative in
mediations. I
have
also acted as an arbitrator dealing with employment and employment law issues including recently being appointed by a
private National Association to
chair appeals from internal grievances.
From
1992 I began to advise and represent the Serco plc group of companies, a
major facilities
management group with
about 35,000 employees worldwide,
I became increasing involved with
the
Serco group and was formally
appointed
In-House Counsel for Serco in 1999;
a position in
which I remained until
late 2005
when I
decided to
set up my
own Chambers to
take
advantage
of the opportunities
presented by the
direct public
access rules;
although I do still retain links
with Serco.
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Representation -
primarily at tribunal and EAT. Throughout my career I've represented
mainly respondents; although I have also represented many claimants. As an employed
Barrister
I have
invariably
had the
conduct of the cases
in
which I
have acted (up to Court
of Appeal
level).
This
means that
I am in an excellent position to act for clients under
the
direct public access provisions
without needing
them to provide very much by way of additional input.
I
act in cases in all areas
of
employment
law
including:
unfair dismissal,
discrimination
of all types -
whether
race discrimination, sex discrimination,
sexual
orientation,
disability
discrimination, age discrimination and
religious
discrimination
as well as breach of
contract, wrongful
deductions from wages, transfers of
undertakings, trade union matters and
redundancy.
Mediation - both acting as a mediator and as a representative in workplace, employment,
family, civil and
commercial mediations. (For more on my mediation work click
Mediation)
Compromise Agreements - involved in drafting and negotiating compromise
agreements on
behalf of both employers and employees in all sectors from investment banking,
insurance
and financial services companies, professional
firms, public and government bodies
and
major plc's. Represented individual employees from senior directors,
professionals and
managers at all levels to shop and manual employees. From MDs of public
companies to
cleaners.
Each organisation and each employee has their own individual interests
and
needs in arriving at a compromise and it is
important that each achieves a result which is
appropriate for them in their particular
circumstances. This can be a last chance for both
sides to reach an
amicable resolution or an agreed termination. Often employees look
for an employment solicitor / employment law solicitor to act on their behalf;
at Park
Chambers we can offer a direct public access barrister to represent you and to
act on
your behalf.
Drafting contracts of
employment and Handbooks - Advising on, drafting and implementation of
contracts
at all levels, HR
policies and procedures
for newly set up organisations, as well as those which
are seeking to optimise their policies and procedures on expansion and otherwise
-
including
drafting appropriate employee handbooks
and
giving
management guidance and training.
Discipline, grievances
and disputes procedures -
drafting, training, implementing and
advising on such procedures and their practical implementation.
I have also acted
as a mediator
in internal procedures and processes. In many cases an external person's
independence and experience can be a crucial factor in achieving a result in
such cases
which is
acceptable to all concerned.
I have also acted as an independent arbitrator
in internal employment arbitration.
Redundancies
- dealing with
redundancies from
setting up the selection, consultation and
redundancy payments options to dealing with appeals from selection
as an
independent
arbitrator.
Arbitrations
and chairing hearings
- I have sat as an arbitrator and acted as a representative in employment arbitrations. and
hearings. I was
recently appointed by a private National
Association to chair internal grievance appeals.
Equal opportunities: including drafting and training on Equal Opportunities Policies, advising clients in respect of proposed new legislation, and all types of discrimination advice
and representation
including mediating to try to resolve harassment allegations. (I was involved in
an advisory capacity with the CIPD's first official guidance on
sexual harassment).
Transfers of
undertakings –
including
transfers out and
transfers into
organisations, as
well as intra
group transfers, terms of
transfers, timing
particularly of intra group
transfers. Setting up terms and conditions - dealing with employment law and IR aspects
of
transfers.
Negotiating with
trades unions and setting up negotiating strategies
for companies in
relation to recognition demands and industrial disputes.
Training
in all
aspects of employment law, mediation, industrial relations and good industrial practice.
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My “Guide
to the Wages Act 1986”
was the first publication to
point out the possibility
of an
action lying under the Wages Act 1986 for failure to pay in lieu of notice (See
IDS Brief
review). The position was not conclusively decided until the House
of Lords decision in:
Delaney v
Staples (t/a De Montfort Recruitment) [1992] 1 All ER 944, [1992] IRLR 191.
Following the publication of my “Guide to the Wages Act 1986” I was
invited to advise the Irish
Government on its proposed Wages legislation.
Whilst
engaged as the CIPD’s Legal Adviser I was involved in drafting and advising on
CIPD
responses to
various
legislative proposals
as well as in
putting together many of its
employment policy documents.
This included involvement in its first
policy on sexual harassment; one of the first applications of a mediation style
approach to the resolution of employment based issues.
In
2002 and early 2003 I was involved in providing advice, on behalf of a client,
on the Draft Equality (Religion and Beliefs) Regulations 2003.
As a result of my advice
the DTI agreed
to change the wording of Regulation 3 of the Regulations.
I
acted for the appellant in the first case in
which the Court of Appeal
considered the
effect of the
repeal of s 196 Employment Rights Act 1996 on territorial jurisdiction: Lawson
v Serco [2004]
EWCA Civ 12, [2004]
IRLR
206, [2004] ICR 204*.
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Coaching
for Mediation Training - ADR Chambers October 2010
Kingston
University: Visiting Fellow,
of the School of Law (appointed 2007)
City University:
(1980 - 1982) Employment law for personnel professionals and trades unionists.
Holborn Law Tutors:
(1978 - 1984) Senior Lecturer in Contract, Labour and Social Security Law
teaching LLB, Law Society and Bar Finals students.
I
also lecture from time to time at various colleges and Universities including
Redwood College, part of Southbank
University and Barnett College, business school.
In-House training on
various aspects of Employment law.
Local and National
conferences and other ad hoc courses for:
·
Chartered
Institute of Personnel and Development
·
British Institute of Management
·
Institute of Certified Accountants
·
Humane
Technology
·
British Telecom
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"Building towards
compulsory mediation"
(2011) 77 Arbitration
375
(to
be published in the August 2011 edition of Arbitration*.)
Considers the importance of mediation in building claims.
(*"Arbitration"
is the International Journal of Arbitration, Mediation and Dispute Management
published by the Chartered Institute of Arbitrators - CIArb). |
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"The Devil's in the detail"
(2011)
77 Arbitration 274
Considers the use of "without prejudice" material as an aid to interpreting compromise
agreements. |
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"Discrimination without
prejudice"
(2011) 77 Arbitration 147
Considers whether there is a different basis on which the "without
prejudice" veil can be lifted in discrimination cases in
employment.
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"Making
a Reasonable Recovery after Mediation?"
(2010) 76 Arbitration 349
Considers in what circumstances the person who has agreed to pay to
settle a case may be able to recover the settlement sum from a third party. |
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"As one door opens ...
another closes"
(2010) 160 New Law Journal 385
Looks at the ECJ view on
enforcement of mandatory mediation clauses and the Jackson Report on
Civil Litigation costs. |
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"Costs
Impact of Delaying Mediation"
(2010) 76 Arbitration 180
Considers the effect on costs awards of delaying mediation unduly. |
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"Is
there any reasonable prospect of a successful mediation?"
(2010) 76 Arbitration 176-179
Considers
awards of costs where a party has failed to agree to mediation. |
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"Discrimination,
Reputation, Mediation and Taxation",
(2009) 75 Arbitration 598-602. Considers issues of taxation of termination payments and severance payments in
discrimination and employment settlements. |
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"The Progress from Void
to Valid for Agreements to Mediate",
(2009) 75 Arbitration 28-37
considers the move by the courts towards enforcing agreements to mediate |
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"Response
to Civil Mediation Council's proposals for mediator registration"
- January 2009 - my response to the CMC's
proposals. This paper was drawn on by the CIArb in putting together its
response to the CMC as well as being appended to the Bar Council ADR
Committee's response to the CMC. |
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"Discussion
Required? Report on the Move Towards Enforced Mediation - part 1",
(2008) 158 New Law Journal pp
1525-1526 considers the
impact of the move towards enforcing mediation agreements and whether
the courts should enforce mediation agreements |
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"Discussion
Required? Report on
the Move Towards Enforced Mediation - part 2",
(2008) 158 New Law Journal pp
1562-1563 (Lexis
Nexis abstract link
for Lexis Nexis subscribers)
considers
the impact of the move towards enforcing mediation agreements and whether the
courts should enforce mediation agreements
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"A
Guide to Employment Law Statutes" 8th
ed
Chartered Institute of Personnel
and Development
2005 (previous seven editions published as: The Employment Law Checklist)
For more information visit:
http://www.ipd.co.uk/Bookstore/_catalogue/EmploymentLaw/1843981378.htm
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7th ed IPD 2000, 6th ed 1997, 5th ed 1992 IPM; 4th ed
1990 IPM; 3rd ed 1985 IPM, 2nd
ed 1982 IPM, 1st ed 1981 IPM |
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Employment Law Service -
updating 1998-2005. Contributor of recruitment and
contracts of employment sections, original editor of and consulting editor to the work. Jordans.
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Employment Law Manual
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(1987-1990) General Editor of this updating encyclopaedia
of
Employment Law - Gower. |
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SOAR'S Solicitors' Practice
Sections on Tribunal procedure - Butterworths - updating |
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Guide
to the Wages Act 1986
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co-author dealing with the law - IPM 1987 |
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Statutory Sick Pay
Consulting Editor on 2nd Edition - Tolley Publishing 1986 |
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Contracts at Work
1982
IPM 265pp |
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Labour Law Teaching Manual
Holborn Law Tutors 1981 300pp |
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Contract Case Law Handbook
Holborn Law Tutors: 1980 250 pp |
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Restraint of Trade Clauses
Holborn Law Tutors 1980 55pp |
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Other articles |
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CIPD’s
People Management, IPM's PM+ and IPM Digest - monthly articles on
recent employment law developments from late 1979
to mid 1994 |
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Industrial Relations News: Society for International Research, London
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RIBA
Practice Bulletin: RIBA, London |
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Company Secretary’s review. |
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