Benjamin has a comprehensive employment practice, appearing for both employers and employees at all stages and in all venues, including the EAT and High Court. He has extensive experience across the full spectrum of employment law.
His practice includes the crossover between employment, commercial and insolvency law, with experience including High Court employment claims, overlapping fraud cases, and the interaction between TUPE and insolvency. He has experience dealing with claims regarding Restrictive Covenants and misuse of confidential information, including as sole counsel.
His discrimination law practice extends beyond employment disputes and into claims against education providers and other institutions.
Benjamin is the General Editor of the Employment Tribunal Remedies Handbook and a contributor to Bloomsbury Publishing’s Termination of Employment. He is a participant in both the ELIPS and ELAAS Schemes.
Recent work includes:
- Cole v Elders Voice  ICR 601: Whether a COT3 agreement can be set aside on the basis of misrepresentation, and exceptions to Without Prejudice privilege. Griffiths J said ‘His appearance has been in the finest traditions of the Bar, and has been of incalculable assistance in ensuring that the appeal is disposed of correctly and fairly.’
- Advising the Board of Deputies on its Commission on Racial Inclusivity in the Jewish Community.
- X v Y plc – a claim against a prominent plc by a former manager dismissed for insider dealing. The case considered whether insider dealing actually took place, and the advice extended to how to conduct such litigation during an ongoing criminal investigation.
- Employment Tribunal litigation involving parties who lack capacity to litigate, including consideration and application of recent appellate authority on these points.
- Acting for the Foreign, Commonwealth and Development Office in a long-running claim against it by a serving diplomat.
- A claim by a journalist against a broadcaster for dismissal due to protected beliefs.
- The Color Company Distribution Ltd v Blake  UKEAT/0161/18: the correct approach to amendments to claims
- Tirkey v Chandhok: the UK’s first case dealing with allegations of caste discrimination;
- Awojobi v London Borough of Lewisham  UKEAT/0243/16: dealing with the scope of the obligation to consider redeployment in capability cases. Submissions described as “excellent” by HHJ David Richardson;
- Khan v HGS Global Ltd and anor  UKEAT/0176/15: appeal on the law of mutually agreed termination;
- Numerous disputes between senior executives and City of London workers in respect of pay and bonuses;
- Successfully defending a complex whistleblowing claim involving Crossrail;
- Disability discrimination claims involving detailed expert and other medical evidence;
- An overlapping sexual harassment and fraud claim.
Benjamin participates in both the ELIPS and ELAAS schemes, with experience of short-notice advocacy in both the Employment Tribunal and Employment Appeal Tribunal.