Solicitors
Employment Law Advocates provides a specialist advocacy service, with extensive experience representing both employers and employees in employment tribunals.
Our advocates appear regularly in employment tribunals throughout London and the South-East, including the Employment Appeal Tribunal, and we practice only employment law.
As a niche specialist company, we are able to provide an expert advocacy service that is comparable in quality and tribunal experience to that offered by the junior bar, but at considerably lower rates.
Since July 2007, we have expanded rapidly. Our clients now include many solicitors firms. We also regularly act for the GMB Union and the large employment law consultancies.
We offer advice and representation in all areas of employment and industrial relations law, including but not limited to: disability, sex, race, and age discrimination, TUPE, unfair dismissal, breach of contract, wages and holiday pay claims.
Despite our competitive rates, we take pride in our refusal to compromise on quality. All of our advocates have an abundance of relevant experience in employment law.
To offer you a flavour of some of the cases which have been presented in tribunal by our advocates:
in the last six months, our advocates have, among many other cases:
* successfully defended a charity in a nine day race and religious discrimination case;
* successfully defended a building firm in a three day case where the Claimant alleged acts of extreme violence;
* successfully represented a Claimant in the EAT, overturning an employment tribunal’s interpretation of a contract, and remitting the hearing of unfair dismissal back to tribunal;
* successfully defended a management consultancy in an eight day public interest disclosure case;
* defended a TV channel in a high profile religious and sex discrimination case brought by a former journalist;
* instructed by the GMB in a five day Disability Discrimination case.
Important Cases
* Power v Regent Security Services [2007] IRLR 226
Authority for the proposition that a transferee employer cannot rely upon TUPE Regulations and ECJ case law to resile from a contractual agreement entered into by reason of a transfer. This decision was upheld by the Court of Appeal and is the leading case concerning the rights of employees upon a transfer of undertakings.
* Stuart Peters v Bell [2009] ICR 453
The Court of Appeal distinguished Norton Tool v Tewson [1972] ICR 501, holding that an employee who is constructively unfairly dismissed without notice has to give credit for earnings he earns during his notice period.
* Shirmardi v Capital Limo Ltd – UKEAT/0225/08
The number of hours worked in a minimum wage claim must be properly decided.
* Tapere v South London & Maudsley NHS Trust [2009] ICLR 972
An appeal on the effect of a TUPE transfer on a mobility clause when the transferree is based in another area.
* EPI Coaches Ltd v Lafferty UKEAT/0065/09
The EAT emphasised that where an application for relief from sanction is made, (1) even if the defaulting party does not have a good reason, the Employment Judge must put the explanation into context or evaluate it against other relevant factors, and (2) it is relevant to consider the merits of the Claim.
* Okinedo v North West Guarding - UKEAT/0510/07
This case concerns the circumstances in which an application which has previously been refused can be renewed (or, more interestingly, when individuals can be joined to a discrimination claim).
* Bourne v ECT Bus CIC - UKEAT/0228/08
An appeal concerning the weight a tribunal must give to the findings of a joint expert in deciding whether a person is disabled under the DDA.