Employment is a main area of work for Joel at present, closely tied by his growing commercial practice. Joel specialises in those areas of employment practice that lend themselves to not only fact management, but also where a deep understanding of the legislation, procedure and caselaw leads to tactical advantage. Accordingly, Joel is most often called upon in respect of discrimination, and whistleblowing cases, and has interests in TUPE claims and in contractual work.
Joel maintains a balanced Respondent and Claimant client portfolio and sees the benefits of regularly acting for both sides when it comes to case strategies. Able to comfortably deal with all types of Employment Tribunal hearing, drafting and advisory work, Joel receives instructions from local authorities, SMEs, franchises and franchisees, care providers, education providers, and national retailers. He has a growing appellate practice and recently successfully appealed a decision concerning the disallowance of ET1 amendments. A snapshot of Joel’s considerable employment experience includes:
- Morgan v DHL Services Ltd – (EAT, 18th December 2020) – Strike-out and the Burden of Proof – Joel represented the appellant employee who was successful in overturning the tribunal’s decision to strike out claims of direct race discrimination and harassment related to race. The EAT agreed with Joel’s submission that the tribunal ought to have expressly addressed, if not considered, the employee’s assertions of deceit. Link to Judgment here.
- Rodgers v Caverswall China Co Ltd – (ET, 2nd December 2020) – Maternity Leave and Sex Discrimination – Joel acted for a high end, fine-bone china manufacturer against a claim that its rejection of an application amounted to maternity leave discrimination, or direct and indirect sex discrimination. All claims were dismissed.
- Re a Consultancy (2020) – Application for Interim Relief – Joel was instructed to act for the respondent in a section 128 application. Joel reviewed documents, prepared for the application, hearing and gave advice on merits.
- Ketlinska v Holland Mountain Group Ltd and Ors – (ET, 5th February 2020) – Disability Discrimination in Finance Sector – Joel represented a former employee of a private capital consultancy who succeeded in her discrimination arising from depression, anxiety and panic attacks, and a failure to make reasonable adjustment claims. Link to Judgment here.
- Re a Security Firm (2019) – Working Time Regulations – Joel advised on the application of the working time regulations in the provision of security and logistics services.
- Shaw v Nottinghamshire CC – (ET, 3rd October 2019) – Whistleblowing in the Care Sector – Joel successfully defended the respondent local authority in the two-week trial of claim involving multiple whistleblowing detriment complaints. The tribunal held that the claimant was not a reliable witness, illustrated by her answers in cross-examination. Link to judgment here.
- Re an International Social Media Company – (EWHC, August 2019) – Joel represented a former employee of a social media company in a High Court, breach of contract dispute. A central issue involved the application of TUPE and identifying the identity of the transferee in complex structure.
- Re a Recruitment Agency – (EWHC, June 2019) – Joel defended a recruitment company, its management, and staff against a springboard injunction application made by a former employer of some of the staff. This involved breaches of confidentiality, fidelity, and restrictive covenants.
- Re Accountancy Firm (2018) – Partnership and Restraint of Trade – Joel advised a partner of a medium sized accountancy firm on entering into a new partnership agreement and whether doing so would be a breach of restrictive covenants.
- Brooke v Sanders Polyfilms Ltd – (EAT, 18th August 2017) – Amendments and Right to Accompany Workers – Joel successfully appealed a decision to dismiss the Claimant’s amendment application. The Claimant sought to add detriment and unfair dismissal claims under s12 ERA 1999 to his claim.