Adam Ohringer

Year of Call: 2001

PRACTICE AREAS

Arbitration & Mediation | Commercial Law | Discrimination & Equality | Employment | Human Rights | Professional Discipline

HIGHLIGHTS

Appeared before the Supreme Court (led by William Edis QC) in Michalak v GMC [2018] ICR 49. Appeared before the Court of Appeal and the Supreme Court (led by Joel Donovan QC) in Mohamud v WM Morrison plc [2016] AC 677

OVERVIEW

Adam Ohringer is an employment specialist, who still maintains a broader civil law practice. He represents claimants, respondents and Union clients at all levels.

In addition to his work in the employment tribunals, Adam is regularly involved in employment-related litigation in the High Court representing Claimants and Defendants in high value claims for breach of contract or restrictive covenants.

He also advises and represents professionals who are involved in disciplinary proceedings with their employer and/or professional regulatory body. This includes appeals to the High Court against decisions of professional bodies.

Adam is particularly known for his strategic approach to litigation as well as his ability to deal with 'difficult' witnesses.

He is frequently instructed on multi-day discrimination cases involving complex issues of fact and law. In recent years his clients have included:

Approximately a dozen NHS Trusts; Unilever UK; Virgin Trains; First Great Western; Balfour Beatty; Southwest Trains; Barclays Bank; Royal Bank of Scotland; Aspen Health; Evening Standard; Biffa Waste; Virgin Trains; GKN Aerospace; LB Lewisham; members of the University and Colleges Union, the National Association of Head Teachers, the Royal College of Nursing and the Independent Workers Union of Great Britain.

Pro bono
Adam is committed to the principle of representation for all. He undertakes work for law centres and the Bar Pro Bono Unit and regularly appears before the EAT under the ELAAS scheme.

Mediation
Adam is a Mediator accredited by the Civil Mediation Council. He can act as a mediator in all manner of disputes. He believes that mediation is a powerful yet under-utilised method for resolving disputes. It allows the parties to explore outcomes which would not be available to them through the courts and at a significantly lower cost.

Adam is currently working on the following cases:

• Various Claimants v Royal Mail – Group litigation involving various breaches of the Agency Workers Regulations 2010 – Due to be heard by the EAT on 19 May 2020

• Daly v Virgin Care – High Court proceedings under the Protection from Harassment Act 1997.

• Gould v Crew Employment Services – EAT appeal on territorial jurisdiction concerning work onboard an ocean-going super yacht.

REFERENCES

Legal 500 2020:"Integrity and commitment – Adam has these traits in spades." Legal 500 2018: "He has integrity in spades and is a credit to the Bar."

Legal 500 2017: "His advocacy is of a very high standard."

Legal 500 2016: "Incredibly knowledgeable yet approachable."

APPOINTMENTS AND MEMBERSHIPS

Association of Regulatory & Disciplinary Lawyers

Employment Lawyers Association

Employment Law Bar Association

Industrial Law Society

Bar Pro Bono Unit

Civil Mediation Council

PUBLICATIONS AND TRAINING

Seminar to Addleshaw Goddard on ET practice (April 2020)

Seminar to the Employment Law Advice Network (April 2020)

Seminar on fitness to practice proceedings with Leigh Day (Jan 2020)

Seminar to the Employment Law Group (Scotland) (Dec 2019)

Seminar at Pinsent Mason on vicarious liability (June 2019)

Seminar at DWF on tribunal litigation strategies (May 2019)

LexisNexis Practice Note on Liability or employers for the acts of their employees and others

Seminar for Kent Accountancy on employment status (April 2019)

Seminar for Rix & Kay on TUPE (February 2019)

Analysis of unfair dismissal law for ‘ELA Briefing' (May 2018)

Seminar for the Nursing and Midwifery Council on disability discrimination (May 2018)

Seminar at MBL - employment law update (September 2017)

Seminar at Simons Muirhead & Burton on employment/worker status(June 2017)

Seminar for Dawson Hart on employment status (March 2017)

Seminar at DWF on reasonable adjustments (July 2016)

'Paying for the mistakes of others: when businesses are liable for their workers' misconduct' in Company Secretary Review (2016, 39(26), 214-216)

Article on Mohamud v WM Morrison plc in the 'ELA Briefing' (April 2016)

Seminar on vicarious liability at Cloisters (March 2016)

Seminar on TUPE at the University and College Union (March 2016)

Disciplinary workshop at Kennedys (December 2015)

'Holiday Pay - The reverberations continue' in Company Secretary Review (2015, 39(2), 11-13)

Seminar at LawNet on reasonable adjustments and whistle blowing (October 2015)

Seminar at Shoosmiths on drafting tribunal pleadings. (June 2015)

Discussion piece on appeals against professional disciplinary bodies in the 'ELA Briefing' (May 2015)

Seminar at Hart Brown on holiday pay (January 2015)

QUALIFICATIONS

University College London, LLB (Hons)

Inns of Court School of Law, Bar Vocational Course

Harmsworth Scholarship from Middle Temple

HIGHLIGHT CASES

Dewhurst v Revisecatch t/a Ecourier (UKET/2201909/2018) – Landmark judgment confirming that ‘limb (b) workers' are protected under the Transfer of Undertakings (Protection of Employment) Regulations 2006.

General Medical Council v Michalak [2017] ICR 49 - Led in the Supreme Court by William Edis QC of 1 Crown Office Row. The case concerns the correct jurisdiction for complaints of discrimination against qualification bodies.

Wittenberg v Sunset Personnel Services Ltd [2017] ICR 1012 - Territorial scope of the Employment Act 1996 and the Equality Act 2010.

Nursing & Midwifery Council v G - Represented a nurse accused of misconduct in the way he conducted a disciplinary hearing. All allegations were dismissed.

Education and Workforce Council v Hungerford - Represent a lecturer accused of hitting a student. Suspended for teaching for 4 months. (http://www.walesonline.co.uk/news/wales-news/dedicated-welsh-teacher-won-battle-12820833) (http://www.bbc.co.uk/news/uk-wales-south-east-wales-39445730)

National College for Teaching & Leadership v Kathryn Bell - Represented a headteacher accused of failing to safeguard a vulnerable child. (http://www.bbc.co.uk/news/uk-england-york-north-yorkshire-40173450)

Focus Care Agency Ltd v Roberts [2017] ICR 1186 - On the application of the minimum wage to workers who are 'on call'.

United Lincolnshire Hospitals NHS Foundation Trust v Farren [2017] ICR 513 - Re-engagement of an unfairly dismissed employee where the employer claims to have lost trust in her.

Adorn Spa Ltd v Amjad [2017] EWHC 1313 (QB) - Application for interim injunction to enforce restrictive covenants in an employment contract

Education and Workforce Council v Oakley - Represent a lecturer who had a sexual relationship with a student. Suspended for teaching for 3 months. (http://www.dailymail.co.uk/news/article-3779668/Lecturer-38-secret-affair-pupil-18-banned-teaching-just-three-months-tribunal-heard-led-sex.html)

Mohamud v WM Morrison Supermarkets [2016] AC 677- Supreme Court - Vicarious liability for assault of a customer.

Butterworth v Police and Crime Commissioner's Office of Greater Manchester [2016] ICR 456 - Considered when the prohibition on post-employment discrimination covers conduct by the employer's successor.

Robinson v Royal Surrey County Hospital NHS Foundation Trust (UKEAT/0311/15)

Olsen v Gearbulk Service Ltd [2015] IRLR 818 - On whether the tribunal had jurisdiction over a claim against an employer in Bermuda.

Brown v Secretary of State for Education [2015] EWHC 643 (Admin) - Appeal against Prohibition Order imposed on a teacher. The Court gave guidance on the approach to be taken in such appeals.

Begraj v Secretary of State for Justice [2015] EWHC 250 (QB) - Claim under the Human Rights Act 1998 for compensation after lengthy employment tribunal proceedings were derailed by private meeting between the Employment Judge an police investigating one of the parties.

Davies v LB Haringey [2014] EWHC 3393 (QBD) - Whether a school teacher can be disciplined by the local authority as well as the school.

Ojikutu v LB Camden [2014] EWCA civ 978 - Whether the EAT should have exercised its discretion to receive an appeal out of time.

The Manchester College v Hazel & Huggins [2014] IRLR 392 - On ETO defences under the Transfer of Undertaking (Protection of Employment) Regulations 2006. This followed the Successful application for 'costs protection' for employees being forced to defend an appeal against the decision of the Employment Tribunal and Employment Appeal Tribunal [2013] IRLR 563 and an allegation of bias against the Employment Judge. [2013] EWCA civ 511.

Lockwood v Department of Work & Pensions [2014] ICR 1257 - Challenge to the Civil Service redundancy pay scheme on the grounds of age discrimination.

White & Todd v Troutbeck [2013] IRLR 286 - Whether a farm caretaker was an employee.

Francois v Castle Rock Properties Ltd (t/a Electric Ballroom) (EAT, 05.04.11) – Successful appeal against order of costs on account of conduct of lay representative.

Mehta v Child Support Agency [2011] IRLR 305 – Consideration of when witnesses should read their witness statements out aloud..

Enable Care & Home Support Ltd v. Pearson (EAT, 26.05.10) - Successful appeal against the judgment of the tribunal on the grounds that it had entered the 'substitution mindset' in an unfair dismissal case.

Ahunanya v. Scottish & Southern Energy (Court of Appeal, 16.02.10) - Permission to appeal granted by Maurice Kay LJ. Concerned the correct method for calculating the minimum wage as it applies to overtime worked by a salaried employee.

McDougall v Richmond Adult Education College [2008] ICR 431, Court of Appeal

Flett v Matheson [2005] ICR 1134

El‐Hoshi v Pizza Express Ltd [2004] All ER (D) 295; IDS Brief 768

Elkoiul v Coney Island Ltd [2002] IRLR 174

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