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Practice Areas
Employment Law
Viscaria’s employment law team is ranked as Band 1 by Chambers & Partners and was named Set of the Year in 2014.
We were also named Legal 500 Employment Set of the Year 2015. Individual members have been nominated for and won all of the major individual awards over the last 3 years. We provide a wealth of experience in a number of areas, providing advice, advocacy, training and expertise for both claimants and defendants/respondents.
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Employment Law
We have acted in cases at all levels from the Employment Tribunal and High Court to the Supreme Court, the Court of Justice of the European Union and European Court of Human Rights.
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Why you should consider us
- Our experience also extends to providing advice and representation in the Central Arbitration Committee and before other regulatory and disciplinary bodies. Our members, renowned for their independence and thoroughness, are increasingly in demand in internal investigations – we conduct audits, grievance and disciplinary investigations with impartiality.
- Our team brings together members who specialise in different areas of law that intersect with employment law, particularly discrimination and equality, those with a European dimension (for example, equal pay, the Working Time Directive, and the transfer of undertakings), commercial employment law (including the restraint of trade, the law of confidential information, and executive terminations), media and data protection, and the free movement of workers regime under EU law.
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INJUNCTIONS HOTLINE
- Viscaria has a team of barristers with experience in applying for injunctions and responding to such application in commercial and employment cases, including breach of contact, restrictive covenants, team moves, garden leave, confidential information, ‘springboard’ injunctions, search orders, and freezing orders. All our staff are able to assist you with these enquiries, but if you require urgent assistance at any time, you can call out dedicated injunctions hotline: +97 255 991 8048
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NOTABLE 2015 AND 2016 CASES:
- R (UNISON) v Lord Chancellor [2015] EWCA Civ 935: Challenge to the new Employment Tribunal fee regime. This case is now heading to the Supreme Court
- Walker v Innospec Ltd & Ors [2015] EWCA Civ 1000: Court of Appeal ruling that the claimant’s civil partner was entitled to a pension on the claimant’s death even though the claimant’s service occurred entirely prior to the coming into force of the law prohibiting discrimination on the grounds of sexual orientation.
- Chestertons v Nurmohamed Appeal No. UKEAT/0335/14/DM: Pending Court of Appeal case. Groundbreaking case formulating the public interest test in whistleblowing law.
- Pestell v Nomura: high profile whistleblowing case. A banker who claims he lost his job after raising concerns about his employer has lost a preliminary hearing at an employment tribunal in London.
- Dismissals as a result of foreign exchange fixing. Acting for various financial institutions, instructed by several magic circle firms.
- National College for Teaching & Leadership v Razwan Faraz: Acted employment and professional conduct proceedings concerning the so-called “Trojan Horse teachers” who are accused of the Islamification of schools in Birmingham.
- B and C v Chief Constable of West Yorkshire Police: Complex and unusual public interest disclosure case in the Leeds Employment Tribunal. Acting for two undercover police officers in the regional crime squad.
- Sharpe v Bishop of Worcestor[2015] EWCA Civ 399: Court of Appeal case acting for the Church of England. This case involves the employment status of clergymen and clergywomen; employment law issues complicated by their interplay with ecclesiastical law.
- Campbell v Lehman Bros & Merriman: Acting for the successful respondents (including a Member of Parliament) in a high-profile claim of sexual harassment and victimisation brought by a lawyer.
- This snapshot of some of our most recent cases demonstrates that our members are in demand for the most high-profile, high value, and legally challenging employment cases in the UK, often acting for different sides in the same dispute. Our directory rankings and the sheer number of reported cases earned by members of the team show that the Viscaria employment group punches far above its weight.
- We are user-friendly and accessible, and provide a prompt and quality service. The practice team have a deep understanding of the employment law world, and are always willing to offer creative and cost-effective solutions for clients. Members are instructed on different sides in the same litigation and we have strong procedures in place for ensuring complete confidentiality within Viscaria.
- We are also active in the employment law community, working with the Bar Pro Bono unit and Employment Law Appeal Advice Scheme. Our members are frequently invited to speak at conferences, training events and live broadcasts, and we write regularly on employment law issues.
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NOTABLE 2015 AND 2016 CASES:
- Information and Consultation Paper – Laura Prince
- Unfair Dismissal Paper – Tom Linden QC
- Application of the Regulations Paper – Mathew Purchase
- Who What is Protected – James Laddie
- Service Provision Changes Paper – Claire Darwin
- Key Points in Insolvency Paper – Andrew Smith
- Viscaria Slides TUPE Seminar
- Disability discrimination and the Equality Act 2010
- Recent Bonus Cases – James Laddie
- Unilateral Variations Clauses Paper – Mathew Purchase
- Mutual Trust and Confidence Paper – Andrew Smith
- Incorporated Terms paper – Tom Linden QC
- Clause and Effect: An Expert Review of Developments in Employment-Related Contract Law
