Spencer was called to the Bar in 1998 and specialises in commercial and employment law. Prior to starting practice Spencer qualified as a solicitor in Australia with Blake Dawson (now Ashurst).
He frequently appears in a broad range of commercial contract disputes in the County Court and High Court. He has also appeared in injunction proceedings in a wide variety of matters, including actions for breach of fiduciary duty, breach of contract and breach of restrictive covenant. His practice incorporates harassment and stress at work claims, health and safety claims, and actions both for and against directors and senior employees.
He regularly advises / represents a wide range of businesses on general contractual law matters, partnership disputes, agency disputes and disputes over commissions.
He is an acknowledged expert in discrimination law, particularly as it applies to employment, goods and services and education. He also has considerable experience in the interpretation and implementation of EC law in domestic courts and tribunals.
Clients describe Spencer as “tenacious” yet “measured in court” and “extremely thorough and knowledgeable”. He is also noted in Chambers and Partners as "good at cutting through detail and getting to the core issues."
On top of his busy day-to-day practice, Spencer recently co-authored the well-received legal textbook Disability Discrimination in Employment (Oxford University Press, 2009) and is a regular contributor to the New Law Journal. He also regularly lectures to solicitors in the areas of employment law and civil litigation.
Spencer says he loves his job because “I’m always learning something new and adding to my knowledge of the subject. I enjoy the challenge of getting to grips with complex issues.”
Notable cases:
Shea v Micros Fidelio [2011] UKEAT/0159/11/JOJ; UKEAT/0191/11/JOJ
This case concerned the question of how far a tribunal should intervene to
assist a litigant in person. Spencer appeared for Micros Fidelio.
X v Mid Sussex Citizen's Advice Bureau & Anor [2010] ICR 423 (EAT), [2011] ICR 460 (Court of Appeal), [2011] ICR 1156 (Supreme Court)
This is an ongoing case. Spencer is being led by John Lofthouse and is representing the Appellant who has applied for a reference to the ECJ. The Appellant argues, amongst other things, that the European Directive 2000/78 EC applies to persons in “occupation” and that therefore the DDA should provide protection to volunteers in the Appellant’s position.
Lisboa v Realpubs (2011) 155 Sol Jo (No.2) 30 [2011] All ER (D) 188 (EAT)
Spencer represented Realpubs in this case under the Equality (Sexual Orientation) Regulations 2003.
Power v Greater Manchester Police [2010] All ER (D) 173 (EAT)
Spencer represented Greater Manchester Police in this case under the Equality (Reglion or Belief) Regulations 2003.
Gill v Humanware [2010] ICR 1343 (Court of Appeal)
Spencer represented the Respondent. The Appellant, a barrister, was appealing against a wasted costs order that was made against her, by the EAT, in her absence.
Gill v Humanware UKEAT/0312/08
Spencer successfully represented the Appellant who alleged bias against the tribunal chairman at first instance. This case also concerned the proper approach to take to constructive dismissal claims.
Mehta v Ealing Primary Care Trust EAT PA/0687/08/RN and PA/0686/08/RN
Spencer represented the Appellant on an expedited full hearing of an appeal from a case management order refusing a claimant permission to amend his claim.
Memberships:
Employment Lawyers Association
Discrimination Law Association
Equality And Human Rights Commission Panel Counsel