Claire McCann

Year of Call

2000

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Areas of Practice

Commercial and Common Law
Employment and Discrimination
Equality / Discrimination / Human Rights
Public and Regulatory Law

Profile

Claire McCann specialises in employment and discrimination law (including facilities and services, public law (with a particular interest in education law), civil liberties, European and commercial law.

Employment

She has regularly appeared in the Employment Tribunal, Employment Appeal Tribunal and the County Court, the High Court and Court of Appeal in discrimination cases in respect of race, sex, sexual orientation, religion/belief, age and disability discrimination; equal pay; unfair and wrongful dismissal; TUPE; and whistle-blowing. She has acted for individuals, trade unions, local authorities and corporate clients in areas including education, health, retail, banking and catering.

Claire has also provided numerous training courses to law centres, human resource managers and departments, solicitors, trades unions and local authorities on employment, discrimination and human rights law and has been a contributor in various legal publications (DLA Briefing; The Lawyer; Lawtel etc).

As a legal researcher and consultant for the Public Law Project (in 1998 - 2000), Claire worked on a number of projects including a Lottery-funded publication on access to health records and the Data Protection Act 1998.

In August to November 2005, Claire was awarded a Pegasus Scholarship to work for the Human Rights Team at Crown Law Office in New Zealand.

Chambers UK 2008 says: "Claire McCann is a "bright and punchy junior" whose recent highlights include acting for the claimant in a discrimination case concerning religion or belief."

Chambers and Partners 2009 says: "Claire McCann is a "bright and punchy junior"".

Regulation

Claire is developing a niche practice as a regulatory lawyer. She has advised large organisations about their disciplinary and grievance procedures and has acted as an internal adviser to organisations during complex disciplinary proceedings. As a result of her wide ranging experience in employment law, she is able to advise on independent investigations in relation to alleged breaches of professional standards. Claire has also acted for individuals in connection with proceedings under the Care Standards Act 2000 and advises agencies who provide domiciliary care services

Recent/important cases

Munu v Great Ormond Street Hospital for Children NHS Trust, Nov. 2007 (EAT: whether burden of proof in Race Relations Act 1976 applies to claims of victimisation)

Surtees v Middlesbrough Council, Aug. 2007 & July 2008 (EAT and Court of Appeal: the ambit of the GMF Defence under the Equal Pay Act 1970 in respect of a pay protection scheme and separate collective bargaining arrangements)

R (Elias) v. Secretary of State for Defence (Admin Court and Court of Appeal: meaning of discrimination on grounds of "national origins"; test to be applied in relation to justification of indirect race discrimination; ambit of general statutory duty under s.71 of Race Relations Act 1976; whether the public law principle against fettering discretion applies to non-statutory

Mohmed v Virgin Trains (EAT: first UK case of religious discrimination)

Nassir-Deen v North East London Strategic Health Authority (EAT: approach to burden of proof in race discrimination claim where claimant complains of discrimination on grounds of colour)

Industrial Chemical Ltd v. Reek & Others (EAT: scope of employer's duty under s.188-189 TULRCA & protective awards)

Memberships & Appointments

Claire is a member of the Employment Lawyers Association, the Employment Law Bar Association, the Industrial Law Society and the Human Rights Law Association. She also participates in ELAAS, the pro bono scheme run by the Employment Appeal Tribunal and is a member of the Bar Pro Bono Unit Panel, as well as Justice, Amensty International and Liberty.

Publications

Co-author of the 2004 Consultation Paper for Age Concern: "Addressing Age Barriers: An international comparison of legislation against age discrimination in the field of goods, facilities and services"

Contributor to Cloisters' Response to the Government's Discrimination Law Review (2007)

Regular contributor to DLA Briefing and Lawtel.