Gary was called to the Bar in 1993. His practice covers the full range of employment law including all aspects of discrimination and collective labour law and restrictive covenants in relation to employment. His clients include businesses, individuals, trade unions and employer organisations. He represents both claimants and defendants.

He is well known for his appearances in the Employment Tribunals (ET) and the Employment Appeal Tribunal (EAT), including many legally significant cases. He also appears as an advocate in the County Court, the High Court and the Court of Appeal.

A growing area of Gary’s practice is advice and training for employers. His substantial experience in the courts and tribunals makes him much sought-after to advise company directors and HR professionals on employment policies, procedures and strategy.

Gary is passionate about employment law and has been actively involved in the field for most of his working life, including periods as a full-time union official and as an academic. He is also an accredited mediator, trained by the Advisory, Conciliation and Arbitration Service (Acas). In addition, he was part of two working parties consulted by the Government over proposed employment law reforms in 2008 and 2009.

Gary believes it is essential for companies to protect themselves as far as possible against the potentially catastrophic effects of employment law claims: “Good preparation can make all the difference in mitigating the impact of a court case or tribunal. There are also many proactive measures that companies can take to avoid the need to go before a tribunal in the first place.”

Outside his legal practice, Gary divides his time between London and Shropshire and enjoys keeping fit including running, swimming and sculling on the River Thames.

Notable cases

Mr J. Iteshi v. The General Council of the Bar (The Bar Council) (30 March 2012) UKEAT/0161/11/DM. I represented Mr Iteshi under the Employment Law Appeal Advice Scheme (ELAAS) at the Rule 3(10) hearing. Clark J allowed an amended Notice of Appeal with four grounds to go forward to the a full hearing where I represented Mr Iteshi under the Free Representation Unit (FRU) scheme. The EAT found that the Employment Tribunal had not erred in concluding that section 12 of the Race Relations Act 1976 did not apply to the provision criterion or practice relied on (a rule imposed on barristers' chambers re: funding of pupillages) and further that there was no evidence of discriminatory effect. The claim was misconceived and Mr Iteshi's appeal was dismissed.

Meter U Ltd v. L. Ackroyd & Others (23 February 2011) ET case number 1806034/2010 & Others. I represented over 109 meter readers who had been dismissed by Meter U. The Claimants, and other meter readers who had not made Employment Tribunal claims, were replaced by independent franchise companies. Meter U contracted with 436 franchisees and 10 of those franchisees employed individuals that were not the individual named in the franchise agreement. The Employment Tribunal decided that the Claimants had been automatically unfairly dismissed under TUPE. On appeal (where I was not instructed) the EAT, [2012] IRLR 367 & UKEAT/0206/11/CEA & 0207/11/CEA, decided that the franchisees were not part of Meter U's workforce and set aside the finding that the Claimants had been automatically unfairly dismissed. The EAT found that the dismissals were for economic and organisational reasons entailing changes in the workforce and that the dismissals were for redundancy.

F v. G [2012] ICR 246, UKEAT/42/11 & [2011] EqLR 1219. I represented a College employer in the Employment Tribunal and the EAT. Underhill J (President) upheld the decision of the Employment Tribunal to make a permanent anonymity order to prevent publication of intimate details of facilities provided to disabled students under the College's Relationships and Sexuality Policy. There is a case report in the Employment Lawyers Association (ELA) Briefing, Volume 18, Number 8, September/October 2011.

Royal Bank of Scotland v. Ashton [2011] ICR 632, UKEAT/542/09. Ms Ashton was successful in her disability discrimination claims in the Employment Tribunal but the Bank's appeal to the EAT was allowed. I represented Ms Ashton in the EAT but not in the Employment Tribunal. The EAT decided that there was nothing to support Ms Ashton's claim that there had been a failure to make a reasonable adjustment and it also decided that her section 3A(1) Disability Discrimination Act 1995 comparator was in fact disabled but in any event could not be said to be in the same relevant circumstances as her. This case was reported in the New Law Journal, 4 March 2011, the ELA Briefing, Volume 18, Number 2, March 2011, Labour Research, June 2011, and Employers' Law, July/August 2011.

Jilley v. Birmingham and Solihull Mental Health NHS Trust, Recent Points [2008] ICR Part 2, (Points of interest in the EAT not calling for a full report in ICR) & (21 November 2007) UKEAT/155/07. This case was mentioned in Harvey on Industrial Relations and Employment Law, Bulletin No.358, in May 2008 and there is a case report in the ELA Briefing, volume 15, number 6, July 2008. I assisted the Appellant at the preliminary hearing under ELAAS. At the full hearing I represented her under the Bar Pro Bono Unit (BPBU) scheme and her appeal was successful. The Employment Tribunal's £127,000 costs award was remitted to the same Birmingham Employment Tribunal to ascertain her ability to pay.

Mr B. Crofton v. Mr S. Yeboah (16 May 2001) EAT/475/00, 1352/98, 1353/98, 1354/98 & 1356/98. The inter-partes hearing is published on the EAT web-site. I represented Mr Crofton, the Appellant, under the BPBU scheme on the s.33(1) RRA 1976 point as to whether he had knowingly aided an act of discrimination. His appeal was successful before the EAT but the Court of Appeal [2002] IRLR 634 & [2002] EWCA Civ 794 (where I was not involved) restored the decision of the Employment Tribunal.

Mr K. O'Connell v. Essex County Fire & Rescue Service (2 July 2001) EAT/1334/99. The inter-partes hearing is published on the EAT web-site and reported in Personnel Today's case round-up on 31 July 2001. I represented Mr O'Connell, the successful Appellant, at the EAT preliminary hearing. The EAT inter-partes hearing allowed the appeal and remitted Mr O'Connell's complaint of unfair dismissal to a fresh Employment Tribunal.

Mr N.W. Turner v. London Borough of Havering Recent Points [2001] ICR Part 6, & (23 November 2000) EAT/1066/99. I represented the Appellant at the EAT preliminary hearing under ELAAS and at the inter-partes hearing where I was instructed by the BPBU where the appeal failed. This case is published on the EAT web-site.

Theodosopoulou v. Bank of Cyprus (London) Ltd (31 January 2000) EAT/567/99. This case was mentioned in Harvey on Industrial Relations and Employment Law, Bulletin No.260, in March 2000. I appeared on behalf of the unsuccessful Appellant, Ms Theodosopoulou.

Readman v. The Post Office, IDS Brief 640, July 1999. I appeared for the relatively unsuccessful Applicant in the Employment Tribunal, a postal worker with epilepsy.

Mensah v. East Hertfordshire NHS Trust [1998] IRLR 531, CA, & (1998) Times Law Reports, 20 July, CA. I appeared for Mrs Mensah in the EAT where she was successful in her appeal. The Trust succeeded in their appeal to the Court of Appeal. This case was mentioned in Harvey on Industrial Relations and Employment Law, Bulletin No.243, in October 1998; the Sweet & Maxwell Employment Law Briefing, page 163, 1999; IDS Brief 625, November 1998; and the TUC's Employment Tribunals Newsletter, October 1998.

Teachers Pension Agency v. Hill [1999] ICR 435, ChD, & Times Law Reports, 20 July 1998. I appeared for Mrs Hill. The TPA were successful in their challenge to a decision of the Pensions Ombudsman.

Smallwood v. Regional Railways North East Recent Points [1998] ICR Part 6. I appeared for the unsuccessful Appellant, Mr Smallwood.

Roberts v. (1) Charge Crest Ltd (2) Harris Logistics (24 April 1998) EAT/536/98. This case was mentioned in Harvey on Industrial Relations and Employment Law, Bulletin No.240, in July 1998. I appeared for Ms Roberts the successful Appellant.

Appointments

Commission for Racial Equality's Panel of Advocates (B category), since 18 June 2002

Equal Opportunities Commission's Panel of Barristers, since 23 May 2003.

Memberships

Industrial Law Society

British Universities Industrial Relations Association

Employment Law Bar Association

Employment Lawyers Association