Ruaraidh Fitzpatrick

Year of Call: 2017

Call 020 7827 4000

Expertise

  • Clinical Negligence

  • Equality and Discrimination

  • Employment

  • Human Rights

  • International Law

  • Professional Discipline

  • Personal Injury

  • Public and Administrative Law

  • Ruaraidh commenced pupillage in October 2017 and was offered tenancy in July 2018.

    Prior to coming to the bar, Ruaraidh had a background in legal academics, tutoring in public and administrative law at the University of Glasgow and lecturing in employment, equalities, and human rights law at the University of Middlesex in Dubai. Ruaraidh previously worked as an intern at the Bingham Centre for the Rule of Law as a researcher on the centre's 'Constitutional Crossroads' paper and as a Campaign Fellow on the 2012 Obama presidential re-election campaign.

  • Ruaraidh’s primary area of practice is employment, including employment law and employment-related civil litigation. Ruaraidh is experienced in fighting for clients across the full spectrum of employment litigation, appearing in the Employment Tribunal, Employment Appeal Tribunal, and Court of Appeal.

    Ruaraidh’s employment experience includes cases which intersect with public international law, human rights, and industrial relations.

    Ruaraidh is the author of Lexis PSL entries on confidential information and trade secrets in employment, dealing with employees facing criminal charges or regulatory proceedings, judicial assessment, disability impact statements, and the industrial action guidance for employers and employees.

    Ruaraidh also has experience of acting in mass litigation, being led by Jason Galbraith-Marten KC in the Police Federation age discrimination litigation and by Tom Brown in the Virgin COVID redundancies proceedings.

    Highlight cases

    • Abellio East Midlands Ltd v Thomas [2022] I.C.R. 802, [2022] I.R.L.R. 288: Ruaraidh succeeded on what the EAT recognised as a ‘novel question’ at the appellate level [Hyperlink to Chambers’ news item], establishing that a claim for a quantum meruit cannot be brought as a wages claim under Part II of the Employment Rights Act 1996. This highly technical appeal was featured by the IDS Employment Brief, ELA, LexisNexis Legal News and Daniel Barnett’s Employment Law Bulletin.

    • Chambers v United States of America: Ruaraidh, led by Prof. Dan Sarooshi KC, successfully represented the respondent sovereign at a state immunity hearing. As a whistleblowing and unfair dismissal claim involving an employee of visiting armed forces present in the United Kingdom, this matter turned on the application of the common law of state immunity rather than the provisions of the State Immunity Act 1972.

    • Anderson v Turning Point Eespro [2019] EWCA 815: Case on whether the UN Convention on the Rights of Persons with Disabilities, as incorporated into EU law, requires an Employment Tribunal to conduct a ground rules hearing of its own volition when dealing with a vulnerable litigant in person.

    • Buttet v the Republic of France and Buttet v the United Kingdom: Ruaraidh, led by Schona Jolly KC, represented the claimant, in a complex worker status and state immunity claim. Ruaraidh appeared at the first stage of the domestic proceedings.

  • Ruaraidh has a particular interest in the law relating to trade unions and industrial action.

    Trade Union Recognition

    Ruaraidh advises both unions and employers on trade union recognition matters. He has appeared for both employers and unions before the Central Arbitration Committee and has experience of the full range of CAC hearings from preliminary meetings and admissibility hearings to final determining a recognition application.

    Acting for Union Members

    Ruaraidh is regularly instructed by trade unions to represent members in both the Employment Tribunal and before professional disciplinary tribunals.

    Highlight cases

    • Unite the Union v London City Airport Limited: Ruaraidh appeared before the CAC in a trade union recognition matter regarding the appropriate bargaining unit.

    • Unite the Union v Wates Property Services Ltd: Ruaraidh appeared before the CAC in a Paragraph 15 hearing to determine the validity of the applicant trade union’s application.

    • Education Workforce Council v MJ: Ruaraidh, instructed by the University and Colleges Union, appeared before the professional regulator in a fitness to practice hearing where a prohibition order, the most serious sanction, was sought. The regulated person was accused of forging exam papers, inappropriate touching, and forming inappropriate relationships. The regulated person ultimately received a reprimand, the least serious sanction possible. The case was reported by media including ITV and Wales Online.

    • Ruaraidh has experience defending union unjustifiable discipline actions brought by members.

    • Ruaraidh has been instructed to defend a union in a civil matter on the standard of care owed by lay trade union representatives.

  • Ruaraidh received a Masters degree in public law from the London School of Economics in 2014 with his thesis on citizenship deprivation supervised by Prof. Conor Gearty. Ruaraidh taught public and administrative law under Prof. Adam Tomkins at the University of Glasgow, with a particular focus on devolution and intergovernmental relations, and taught human rights at the University of Middlesex, with a particular focus on the European Convention on Human Rights and the rights to freedom of expression, religion and belief, and non-discrimination.

    While at the Bingham Centre for the Rule of Law, Ruaraidh assisted Prof. Adam Tomkins and Prof. Jeffrey Jowell KC on the production of the ‘Constitutional Crossroads’ paper performing a comparative study on the principles of federalism and devolution in Canada, South Africa, and the USA. Ruaraidh also assisted Dr. Lawrence McNamara on the human rights and hate speech section of the 5th edition of Australian Media Law.

    As an equalities law practitioner, Ruaraidh frequently advances human rights arguments related to non-discrimination in the Employment Tribunal. Ruaraidh has acted for claimants in actions involving the ECHR, the UN Convention of the Rights of Persons with Disabilities, and the Human Rights Act 1998.

    Highlight cases

    • Buttet v the United Kingdom, Application No. 12917/19: Ruaraidh, led by Schona Jolly KC, represents the applicant in a matter currently before the European Court of Human Rights. This case turns on the right of access to a court under Article 6(1) and the right to non-discrimination under Article 14 and challenges the domestic law’s habitual residence requirement for a foreign national to bring proceedings against their own government.

    • Instructed to represent a group of politicians in a legal action against the Metropolitan Police regarding alleged electoral offences committed during the June 2016 EU referendum. See [Hyperlink: https://www.cloisters.com/news/cloisters-barristers-instructed-in-legal-action-over-eu-referendum-campaign-expenses/]

    • Together with Schona Jolly KC, Ruaraidh assisted in the drafting of the Equal Rights Trust report on human rights in Pakistan.

  • Ruaraidh represents both claimants and respondent sovereigns. Ruaraidh has advised on questions of state immunity as they apply to the UK branch of a sovereign wealth fund and has appeared in preliminary hearings before the Employment Tribunal challenging jurisdiction on the grounds of immunity.

    Highlight cases

    • Chambers v United States of America: Ruaraidh, led by Prof. Dan Sarooshi KC, successfully represented the United States at a state immunity preliminary hearing. The matter involved a whistleblowing and unfair dismissal claim brought by an employee of the United States Air Force in Europe. As a claim involving an employee of visiting armed forces present in the United Kingdom, this matter turned on the application of the common law of state immunity rather than the provisions of the State Immunity Act 1972.

    • Buttet v the United Kingdom, Application No. 12917/19: Ruaraidh, led by Schona Jolly KC, represents the applicant in a matter currently before the European Court of Human Rights. Ruaraidh represented the claimant at the initial domestic hearing. This case concerns on the right of access to a court under Article 6(1) and the right to non-discrimination under Article 14 and challenges the domestic law’s habitual residence requirement for a foreign national to bring proceedings against their own government. The matter turns on the proportionality exercise as it relates to the extent of customary international law regarding limitations placed on foreign nationals suing their own nation.

  • Ruaraidh acts for claimants in personal injury cases, Including fast-track and multi-track claims. Ruaraidh has experience in bringing claims against unincorporated associations.

  • LLB (Hons) (1st Class), the University of Glasgow

    Diploma in Professional Legal Practice, the University of Glasgow

    LLM (Distinction) in Public Law, the London School of Economics

    CPE and BPTC, City Law School

  • Legal 500 2024: “Ruaraidh is responsive, practical, detail-focused and good with clients. Willing to go the extra mile. An exceptional advocate.”

  • Queen Mother Scholarship, Middle Temple - BPTC

    Award from the Royal Faculty of Procurators in Glasgow – CPE

  • ILS

    ELA

    PIBA

    BHRC

    Haldane

    LPHR

'Ruaraidh is responsive, practical, detail-focused and good with clients. Willing to go the extra mile. An exceptional advocate.’ - Legal 500 2024

Ruaraidh has a broad practice in employment, personal injury, commercial, and public law. He is ranked as a “Rising Star” in employment law by The Legal 500.

Ruaraidh accepts instructions across all areas of chambers work.

He enjoys a busy trial, appellate, and advisory practice and is deployed in complex and high value litigation at first instance and on appeal, either as sole counsel or working collaboratively in a team of counsel.

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