I have advised and represented clients who have employment disputes. This has included advice on how to deal with a dispute when they are still in employment, how to handle any grievances or disciplinary action, how to terminate the employment relationship and how to deal with any claim in the employment tribunal.
I have advised on a number of claims involving discrimination at work including disability discrimination, frequently involving depression and mental health issues and maternity and sex discrimination, in particular the difficulties in returning to work under a flexible working arrangement. As well as those areas I have advised on unfair dismissal, TUPE, 'whistle-blowing,' redundancy and business reorganisation, and executive contracts and remuneration.
I aim to provide my clients with a direct personal service and give them with the support they need to resolve their employment dispute.
I ask my clients to provide me with some initial key paperwork to review so I can get an overview of the case and provide them with some initial advice on the telephone. I won't charge for the initial review unless there is a substantial amount of documentation or a meeting is necessary. After the initial telephone consultation I aim to agree a plan with the client about the advice they will need at each stage and provide a costs estimate.
I aim to provide my clients with a personal service and so I try to be available for them at weekends and in the evenings as clients often. I prefer to meet with my clients as early as possible and will travel to them if necessary.
Recent cases I have worked on include:
London Underground Ltd v O'Sullivan UKEAT/0152/15/DA (2016)
Successfully represented the employee at the liability hearing, remedy hearing and two appeals by the employer. The employee suffered from long term depression. The employer appealed on the basis that it was not open to the employment tribunal to find that the Claimant was unfairly dismissed, suffered disability discrimination and the size of the tribunal award. The employment tribunal awarded in excess of £220,000, one of the highest tribunal awards in 2015.
P v B Ltd & Others (2015)
Advised managing director in case of unfair dismissal and discrimination following a TUPE transfer. The client was on maternity leave at time of transfer and was not taken on by the transferee and was then made redundant by the transferor. The case involved issues of maternity discrimination, sex discrimination, unfair dismissal and breach of TUPE regulations Claim settled for £70,000
C v L (2014)
The claimant had been working as a contractor in a large multinational organization and was concerned that he may have uncovered financial malpractice. After he reported it his contract was terminated and he brought a claim for 'whistle-blowing.' I advised him on the merits of his case and litigation tactics. The case settled for over £50,000.
S v D (2013)
Successful claim for unfair dismissal of employee suffering from depression following allegations for misconduct at work. Compensation of over £80,000 received by Claimant.
L v C (2011)
Successfully acted for Claimants in claim for bullying and harassment at work on the grounds of sexual orientation; The Claimants were senior managers who were subjected to comments about their sexual orientation for a number of years. Claimants also asserted they were constructively dismissed and claimed unfair dismissal; ET awarded compensation of over £50,000.
Before becoming a barrister I worked at a number of solicitors' firms and an accountancy firm. I have enjoyed doing public access work as I missed the face-to-face contact with the clients that I had at a solicitors firm. Working through public access allows me to advise at an early stage in the dispute, which can help avoid my clients going to court or tribunal at all, but also ensures that clients enjoy continuity in their legal representation as if they worked through a solicitor they would only meet their barrister much later in the process.
As well as being a barrister I am also a mediator and can help and advise parties on alternative dispute resolution to avoid costly and lengthy legal proceedings. I believe that the majority of my cases could have been resolved at an earlier stage if the parties had been willing to discuss the reasons for their dispute and try and agree a way forward.
Outside of work I enjoy cycling and hill walking
What my clients say
'Kevin had supported me along the way...He was professional and helped me cope with a very challenging situation...Kevin has always gone the extra mile in order to make sure that we address the legal challenges in the best manner leading to a successful outcome. Kevin had been honest with me from day one, presented me the facts in an objective way. He always was fighting for my rights on a professional manner until eventually I was pleased with the final results.' - Michal
'I have instructed Kevin on several employment law cases both on behalf of Claimants and Respondents. He is knowledgeable, professional and friendly. He delivers good results and I receive positive feedback from clients about his service. In short, I enjoy working with Kevin.' - Harry
Professional & academic
Law LLB (University of Liverpool)
Mediator, Regent's School of Psychotherapy and Psychology
Employment Lawyers Association
International Association on Workplace Bullying and Harassment