Yvette Budé

overview

Yvette specialises in employment and discrimination law. She has appeared in the Court of Appeal, the High Court, the EAT, County Courts and employment tribunals. Yvette has practised law since 1997, including as a solicitor at Freshfields, before being called to the Bar in 2003. She qualified as a solicitor in England and Wales in 2001 and has been admitted to the New York Bar since 1998 (regulated by the New York State Bar Association). In 2010 she was appointed Junior Counsel to the Crown (C panel).

Yvette acts for employers and employees. She is frequently instructed in high value and multi-week trials. Yvette is known for her clear and commercial advice. As a result she is regularly instructed by blue chip companies, NHS trusts, the Department for Work and Pensions and senior employees, all of whom value her strategic approach. Testament to her skill, Yvette regularly acts for individual solicitors in highly sensitive discrimination claims against some of the top law firms. She also has significant experience in advising on LLPs and partnerships.

Yvette represented the successful claimant in the landmark age discrimination Baker v. NATS Ltd (2009) (IDS Employment Law Brief 876), led by Robin Allen QC, in which the London Central Employment Tribunal declared that NATS' blanket ban on recruiting air traffic controllers over the age of 35 could not be justified and amounted to direct age discrimination. In recognition of her work Yvette was nominated for the Bar Pro Bono Award. In addition, Yvette appeared in Fecitt, Woodcock & Hughes v NHS Manchester, Court of Appeal (2011), an important test case on causation and vicarious liability in whistleblowing cases, led by Daphne Romney QC.

In addition to her employment and discrimination work, Yvette has wide-ranging experience varying from commercial litigation (including telecommunications) to public law. She has a particular interest in European law.

areas of practice

• Employment
• Discrimination, equality and human rights
• Public law (including European law) 
• Commercial

relevant references

Yvette is recognised as one of the up and coming employment specialists at the Bar in the Chambers & Partners 2012 edition.

She is “very creative”, “not afraid to do the unusual” and admired for her “calm, collected and measured demeanour". (Chambers & Partners 2012)

"...the case could not possibly have been better presented, nor received a better hearing than it did" Peter Baker, successful claimant in Baker v NATS (2009) (IDS Employment Law Brief 876).

appointments and memberships

Member of ELA, ELBA, ILS, ILA, HRLA and COMBAR

publications and training

Yvette is a contributor to the discrimination section of Jordan's Employment Law Service. She is also a contributor to Termination of Employment (Bloomsbury, editor Julian Yew).

Yvette has lectured on several subjects. Recent topics include:

• 2011: Whistleblowing seminar with Anna Beale and Sally Robertson for SG Events
• 2011: Redundancy Masterclass with Tom Coghlin for SG Events
• 2011: ‘Discrimination on the grounds of religion or belief’, 6^th Annual Discrimination Law Conference for Central Law Training Ltd
• 2011: ‘Shifting the burden of proof’ at the Academy of European Law, Trier, Luxembourg as part of the seminar ‘The anti-discrimination directives 2000/43 and 2000/78 in practice’
• 2010: Age discrimination law update for Kemp Little
• 2010: Age discrimination law update for Wedlake Bell
• 2009: Using the grievance and disciplinary procedure to your advantage - key decisions and tactics for employers for Herrington & Carmichael
• 2008: Current issues on protected disclosures for Speechly Bircham
• 2008: Equal pay, wages and holiday pay for Lewis Silkin

qualifications

BPP Law School, London, Graduate Diploma in Law

Harvard Law School, Cambridge, Massachusetts, LL.M. 1997 (Fulbright scholar)

University of Amsterdam, The Netherlands, Degree and LL.M. in Dutch Law 1996: summa cum laude (Distinction)

Scholarhips: Pegasus Scholar, University of Amsterdam Scholarship, Columbia Law School Scholarship, Loeff Claeys Verbeke Scholarship (now Allen & Overy), Stichting Noorthey Scholarship and VSB Bank Scholarship.

highlight cases

Employment

• Fecitt, Woodcock & Hughes v NHS Manchester, Court of Appeal (2011): acted for the claimants in a test case about causation and vicarious liability in whistleblowing cases.
• Nautilus International Risk Consultants Ltd v Lieutenant Commander Dickinson, Reserve Forces Appeal Tribunal (2011): successfully represented the respondent, an adjudication officer for the Royal Navy and Royal Marines, in an appeal pursuant to the Reserve Forces (Call-Out and Recall) (Exemptions etc.) Regulations 1997 (SI 1997/307).
• Olford v Secretary of State for Work and Pensions (Jobcentre Plus) (2011): successfully represented the respondent in a strike-out application. Costs awarded.
• Mulaki v Care Quality Commission (2011): successfully represented the respondent in an unfair dismissal claim where the scope of the contractual mobility clause was in dispute.
• Inchcape Retail Ltd v Symonds (2009) UKEAT/0316/09/DA: represented the respondent in a redundancy selection case.
• Cowan v Cyberview Technology Ltd (2010): successfully represented the respondent in a 4 week race discrimination, victimisation and unfair dismissal claim where the claimant had been dismissed after issuing tribunal proceedings.
• Daudi v (1) London Pension Fund Authority (2) Capita Hartshead (2010): successfully represented the first respondent, the transferor, in a complex TUPE transfer claim whereby the transferee (the second respondent) had alleged the transfer was void by reasons of fraud and dishonesty.
• Evans v Kia Motors (UK) Limited (2009): successfully represented the respondent in an unfair dismissal claim. Costs awarded.
• Whatmore v Godfrey Syrret Ltd and Derek Mitchell (2009): successfully represented the respondent in a pregnancy discrimination and breach of contract claim.
• Bachu v Steeles Law LLP (2009): successfully represented the claimant, a solicitor and partner in an LLP, in an equal pay, sex and race discrimination claim where employment status was in issue.
• Koh v Sainsbury's Supermarkets Ltd (2009): successfully represented the claimant in a high value age discrimination and constructive unfair dismissal claim.
• Breitenbach v Kavo Dental Ltd (2008), EAT: successfully represented the respondent defending a marital discrimination claim where a claimant had been dismissed after 22 years' service because her husband took up a post with a competitor.
• Haydon v Royal Mail plc (2008): successfully represented the claimant in an unfair dismissal claim where gross misconduct was alleged. Obtained an order for reinstatement and successfully advised on negotiations to enable the claimant to go back to work.
• Thompson v Department for Work and Pensions (Jobcentre Plus) (2008): successfully represented the respondent in a sex discrimination and sexual harassment claim where serious sexual assault by a fellow employee had been alleged.
• Kruszewski, Caulfield and Eydman v Chief Constable of Essex Police (2008): successfully represented the respondent in a race discrimination claim.
• Candano v Pent Valley Technology College (2008): successfully represented the respondent in a race discrimination claim.
• Turner v First-Call Services (2007): successfully acted for the respondent, the transferee, in a pre-pack administration TUPE case.
• Clark v Kumar & Global Vision Limited (2006): successfully represented the claimant in a case involving allegations of sex and pregnancy discrimination and constructive dismissal. Aggravated damages awarded.

Commercial and Telecommunications

• British Telecommunications Plc v Bovis Lend Lease Limited & Others (2010): represented the claimant and drafted reply and defence for to counterclaim in high value construction dispute.
• Brunswick Home Loans (a partnership) v British Telecommunications Plc (2010): represented the defendant in a commercial billing dispute.
• Studio Legale Bird and Bird v Aethos Design Limited (2009): successfully represented the Italian office of Bird & Bird in debt collection proceedings involving jurisdictional and agency issues.
• Whyte Chemicals Ltd v Calladine (2008): Chancery Division - acted for the defendant who was accused, inter alia, of breach of fiduciary duties.
• Advised a landowner on the merits of an application for a Court order pursuant to paragraph 21(6) of the Electronic Communications Code to remove telecommunications equipment (a telephone mast) from the land.
• HMM Services Ltd v British Telecommunications Plc (2008): represented the defendant in a high value contract dispute, worked closely with technical expert and successfully mediated the dispute.