Chris Milsom

Year of Call: 2006

Call 020 7827 4000

Expertise

  • Commercial Law

  • Equality and Discrimination

  • Employment

  • Human Rights

  • Personal Injury

“Chris Milsom has a broad practice, covering the full spectrum of employment and discrimination disputes, including cases concerning gender reassignment, race and age discrimination. He has also recently appeared in a number of whistle-blowing disputes and worker status claims.” "Chris is one of the best senior juniors dealing with discrimination matters. He is very bright, good on his feet and personable with clients." "He is very user-friendly and happy to roll up his sleeves for the client's benefit. He is very bright, grasps matters quickly and is very happy to offer firm direction." "Chris is a compelling advocate with a forensic approach to the law. He is a great person for complex and difficult legal matters." - Chambers & Partners 2024

“A strategic barrister who is very user-friendly and cuts to the key issues of a case swiftly.” - Legal 500 2024

Christopher Milsom wins widespread renown as “a particularly good appellate advocate” who impresses respondents with his “depth of analysis and ability to get to the nub of an important public interest issue.” - Who’s Who Legal 2023

"He can command the attention of the court in the way silks do." "Chris is brilliant: he is very creative with strategy and has an encyclopaedic knowledge of the law." - Chambers & Partners 2023

No weaknesses - he has a truly encyclopaedic knowledge of the law. On his feet, he is authoritative without being longwinded and engaging without being lightweight. His attention to detail is superb, he inspires the confidence of clients, and he is straightforward and frank about the strengths and weaknesses of a case, and solutions-oriented when weaknesses are identified. He identifies novel points of law and is fearless (without being reckless) in pursuing them - the best employment lawyer of his generation.” - Legal 500 2023

  • Chris Milsom operates at the cutting-edge of employment and equality law. He wins consistent praise from solicitors and clients alike for his specialist expertise and his user-friendly style. His practice encompasses the full gamut of employment disputes including discrimination in respect of all protected characteristics, equal pay, whistle-blowing, TUPE, PHA claims, redundancy, collective consultation claims, partnership disputes and high court litigation. He frequently appears against silks and has led a number of barristers at Cloisters.

    Chris has appeared at every appellate level including the Supreme Court and acted in over 30 substantive appeals in the EAT. With 33 entries, Chris is a top 50 advocate for all-time appearances in the IRLR since its first publication over forty years ago.

    Many of his cases have been debated in Parliament and frequently generate both national and international media coverage. They have led to the recognition of ethical veganism as a protected belief, the first successful civil claim of caste discrimination in Europe and the first known "Windrush" employment case.

    Recently Chris has been at the forefront of developments in sexual harassment litigation. In that capacity he was commissioned to undertake an extensive review of the law for the EHRC which has led to significant reform, advised and represented former employees of Harvey Weinstein, Oxfam, magic circle law firms and the armed forces, and acted successfully in a ground-breaking appeal on the approach to privacy applications where allegations of sexual assault are made against high-profile individuals.

    Chris is also at the cutting-edge of whistleblowing litigation and has particular experience of complaints in health and social care, education and financial services. He has acted in some of the landmark decisions in the field including Gilham v MoJ (the employment status of district judges and Article 14); Bamieh v EULEX and ors (the right to sue co-workers based overseas), Kilraine v London Borough of Wandsworth (the definition of "disclosure of information") and Timis v Osipov (the extent of individual liability for dismissal-related detriments).

    Chris undertakes work for both claimants and respondents. Professional clients vary from hedge funds to the Church of England and include charities, FTSE 250 companies, the BBC, universities, NHS Trusts and public authorities. When acting for claimants he is instructed by the EHRC, trade unions, law centres and lay individuals ranging from traders, directors and partners to victims of human trafficking. He has particular expertise in claims arising from the healthcare, education and legal sectors. He has been appointed to the EHRC and the Government Legal Department Panels of Counsel.

    In providing a consistently high standard of service Chris enjoys regular and repeat instructions from solicitors of the highest calibre. His oral and written submissions have recently been described by the CA and EAT variously as “excellent,” "powerful," "eloquent," "scholarly" and a "tour de force." In addition to his advisory work and litigation Chris is adept at conducting internal investigations where he is regarded as balancing scrutiny with fairness.

    Chris also enjoys a burgeoning practice outside the employment arena including public law and JR, discrimination in education, goods and services, defamation and libel proceedings and commercial litigation. He maintains an active practice in personal injury including a considerable number of fatal accident and clinical negligence claims. He puts his knowledge of the cross-over between employment and personal injury matters to use in the sensitive area of stress at work claims.

    Chris has a long-standing commitment to human rights issues and pro bono work: in this capacity he has collaborated with organisations including the Equal Rights Trust, Global Witness, Amicus, Public Concern at Work, ELAAS, the Bar Pro Bono Unit, and the Anti-Trafficking and Labour Exploitation Unit. He was shortlisted for both the 2014 and 2015 Bar Pro Bono Unit Award by PCAW and ATLEU. Prior to commencing pupillage, Chris worked as a contractual specialist in the legal department of an investment bank and completed an internship at the Commonwealth Human Rights Initiative, Ghana.

  • Chambers & Partners 2024: “Chris Milsom has a broad practice, covering the full spectrum of employment and discrimination disputes, including cases concerning gender reassignment, race and age discrimination. He has also recently appeared in a number of whistle-blowing disputes and worker status claims.” "Chris is one of the best senior juniors dealing with discrimination matters. He is very bright, good on his feet and personable with clients." "He is very user-friendly and happy to roll up his sleeves for the client's benefit. He is very bright, grasps matters quickly and is very happy to offer firm direction." "Chris is a compelling advocate with a forensic approach to the law. He is a great person for complex and difficult legal matters."

    Legal 500 2024: “A strategic barrister who is very user-friendly and cuts to the key issues of a case swiftly.”

    Who’s Who Legal 2023: Christopher Milsom wins widespread renown as “a particularly good appellate advocate” who impresses respondents with his “depth of analysis and ability to get to the nub of an important public interest issue.”

    Chambers & Partners 2023: "He can command the attention of the court in the way silks do." "Chris is brilliant: he is very creative with strategy and has an encyclopaedic knowledge of the law."

    Legal 500 2023: “No weaknesses - he has a truly encyclopaedic knowledge of the law. On his feet, he is authoritative without being longwinded and engaging without being lightweight. His attention to detail is superb, he inspires the confidence of clients, and he is straightforward and frank about the strengths and weaknesses of a case, and solutions-oriented when weaknesses are identified. He identifies novel points of law and is fearless (without being reckless) in pursuing them - the best employment lawyer of his generation.”

    Discrimination Law Review 2020: A “Top 50 Advocate” for all-time appearances in the Industrial Relations Law Reports. “The star of 2019…was Christopher Milsom, with nine IRLR appearances. Milsom’s rise up this list has been remarkable…with 32 appearances he is 50th all-time…(arguing) cases, or points of law, at the frontier of discrimination law.”

    Who's Who Legal 2022: "Christopher Milsom is 'very highly thought of' amongst peers thanks to his impressive experience in appellate work in employment tribunals."

    Chris has climbed the rankings of Chambers and Partners year on year (2014-date) and is currently ranked as a Band 1 Practitioner in his Field which belies his year of call:-

    Chambers & Partners 2022: "Brilliant at cross-examination, he is bright as a button and he has razor-sharp advocacy skills." "He is a really impressive advocate who has the ear of the court; he is user-friendly and pragmatic, and he does not get bogged down in the law, but is creative in his strategies."

    Legal 500 2022: “A very good advocate who fights hard for his clients, and is measured and responsive in court – clients really appreciate him.” “QC in the making – Christopher has a formidable brain."

    Chambers & Partners 2021: "He's a fast-thinking, exceptional advocate who thinks outside the box." "Absolutely excellent in court."

    Legal 500 2021: “A very good advocate who fights hard for his clients, and is measured and responsive in court – clients really appreciate him.”

    Chambers & Partners 2020: "An immense legal brain, who punches above his year of call in terms of expertise. He's client-friendly, contactable and communicative." "Outstanding advocate: calm, reassuring and a superb lawyer. A big hitter."

    Legal 500 2020: "Hardworking advocate, sensible to deal with, and has the confidence to run difficult arguments."

    Chambers & Partners 2019: "Has a broad practice, covering the full spectrum of employment and discrimination disputes, including cases concerning gender reassignment and caste and age discrimination. He has also recently appeared in a number of whistle-blowing disputes." "Creative and utterly dedicated to the client's needs." "Committed and enthusiastic." “Unparalleled among his peers for both depth of knowledge and presence in court. Incredibly easy to deal with and very savvy strategically. He identifies the short and long-term goals and find the best ways to achieve them.”

    Chambers & Partners 2018: Recent work: Acted in an appeal before the Supreme Court for a victim of trafficking, considering whether the mistreatment of migrant workers who are vulnerable because of their immigration status amounts to discrimination.

    Chambers & Partners 2017: "Clients say that he is an impressive advocate with "encyclopaedic knowledge of employment law...He is a tenacious advocate and engenders confidence in clients both in conference and at trial." "He is terribly user-friendly and is very quick to evaluate the value and strength of a case"..."Instructed in Bamieh v Foreign and Commonwealth Office, EULEX and Others, a claim of de-selection brought by a prosecutor seconded by the FCO to EULEX in Kosovo after she blew the whistle on systemic corruption in the Kosovan judiciary."

    Chambers & Partners 2016: "Acts for both respondents and claimants in employment disputes, and is highly rated by respondents for his courtroom presence. Sources particularly praise the excellence of his cross-examination...A very, very talented advocate, who gives his all to his cases." "He is astute, pragmatic and personable."

    Chambers & Partners 2015: "A sought-after employment and discrimination law expert, with a flourishing appellate practice. He also has personal injury expertise and is notable for his work on those matters which straddle personal injury and employment, such as stress at work cases...A very good advocate who shreds his opponents because he is straightforward and precise." "He produces excellent written work, and is a very enthusiastic and committed barrister."

    Chambers & Partners 2014: "An expert in a range of discrimination matters, he can handle the gamut of employment-related disputes. He is also noted for his strength in dealing with workplace stress cases. He's someone who understands not only law in its abstract sense, but also the personal aspect involved."

    Chris has been consistently ranked as a Leading Junior in the Legal 500.

    In Previous Years:

    "Innovative in his use of the law and tenacious in putting forward a case."

    "A hard-working barrister who is utterly dedicated to his clients' needs."

    "He is creative and has thorough and detailed legal expertise."

    "An eye for a good appeal point and the determination to take a case as far as it will go."

    "He goes the extra mile to understand the client's business."

    Chris is also a recommended practitioner in Who's Who Legal: Employment Bar:

    “Christopher Milsom is “tenacious, bold and liked by clients”. Peers laud his “realistic and pragmatic approach” and his commitment to “going the extra mile in cross-examination.”

    From Solicitors:

    Nicola Ihnatowicz, Partner Trowers & Hamlins LLP: "Chris possesses an outstanding style of delivery. It is effective, persuasive, dynamic and extremely influential. You never have any doubt that you are in the hands of an expert:"

    Gordon Turner, GTE Law: "Having practised as an employment lawyer for over twenty years, I believe that Chris is 'one to watch'."

    "Chris is someone I would want in my corner in any employment dispute and who I will constantly recommend."

    "An extremely capable and effective advocate...works hard to secure the best possible result for clients. Chris has the ability to inspire confidence in clients whilst putting them at their ease."

    "Definitely a 'go-to' barrister for any employment law related query...his passion for his work is reflected in the excellent rapport that he develops with both clients and instructing solicitors alike."

    From Lay Clients:

    "A great ability to read the tribunal and strategically change direction achieving a better outcome than we ever expected.”

    "From our first meeting Chris predicted the outcome with precision which enabled me to manage the 'unknown' and my expectations. I felt listened to, supported and understood throughout; a barrister I strongly recommend."

  • Member of the Equality and Human Rights Commission's Panel of Preferred Counsel (B-Panel) since 2015.

    Member of the Attorney General's Civil Panel of Counsel (London C Panel) from 2016-2021

    Member of the Employment Law Bar Association Management Committee

    Former Director of the Discrimination Law Association

    Member of the ELA, ELBA, Industrial Law Society, Bar Human Rights Committee, A4ID, Bar Pro Bono Unit, ELAAS, Discrimination Law Association and Lawyers for Liberty

    Former National Pupil Representative and Midlands Circuit Representative for the Young Barristers Committee

  • Chris has been asked to provide comment to the media (including Sky News, the Times, the Observer, the Independent, Radio Four's PM and BBC Breakfast) on matters as varied as TUPE, caste discrimination, the proposed British Bill of Rights and anti-terror legislation

    Talks and Seminars:

    Family Friendly Rights in 2019 and Beyond (ELA)

    Territorial Jurisdiction (Slater and Gordon)

    Privacy Orders in the ET (with Tamar Burton) and Employment Status (with Jason Galbraith-Marten KC): Cloisters podcasts

    Podcasts for the Cloisters series on the topics of Privacy Orders and Employment Status

    Disciplinary Suspensions; Another View from Mayer Brown Mayer Brown podcast

    Whistle-Blowing: the New Landscape (Travers Smith, BWB and CM Murray among others)

    You're (Not) Hired: Discriminatory Practices in Recruitment (Discrimination Law Association)

    Now that's what I call Equality Law Roadshow delivered to Slater and Gordon, Reed Smith, Lewis Silkin Bates Well and Brawithwaite, Osborne Clarke, Hempsons, Farrer&Co and others described as "engaging, enlightening, good humoured and perfectly pitched."

    The Nuts and Bolts of Partnership (Gordon Dadds)

    Domestic Servitude: Releasing the Shackles (Leigh Day)

    Caste Discrimination: Panel discussion at Manchester Metropolitan University with the authors of the EHRC Caste Report

    PCPs, Comparators and Reasonable Adjustments: the Bear Traps of Discrimination: One day workshop for the NUT

    Equal pay and the Private Sector: Ticking Clock or Toothless Threat? (with Paul Epstein KC, Herbert Smith July 2013)

    Publications:

    Is the Leak Fixed? Pimlico Plumbers and the Gig Economy Counse| Magazine, September 2018

    ‘Uber'ising the workforce: An Update on Status Counsel Magazine, June 2017

    Discrimination in the Church of England: a New Relationship between Minister and Church ELA Briefing, March 2017

    The Fluency Duty: Speaking in Tongues? DLA Briefing

    Caste doubt Employment Law Journal 2015, 165(Nov), 6-8.

    Blurred lines: "direct," "indirect" and "association" following CHEZ ELA Briefing

    Benkharbouche and Reyes: Immunity or Incoherence? ELA Briefing

    Whole Career Loss following Griffin: Michael Rubenstein blog

    Legal Advice Privilege: An update following Prudential (ELA Briefing with Dee Masters)

    Contributor to Westlaw Insight , a leading online legal encyclopaedia

    Co-author (with Robin Allen KC et al) of Family Rights at Work (Jordans, February 2012)

    Former contributor on access to the Bar for The Times Law Section

  • Keble College, Oxford (2005 BA (Hons) Jurisprudence)

    BPP Professional Education (2006 BVC)

    Pupillage and tenancy at St Philips Chambers, Birmingham (2007-2010)

    Twice-shortlisted for the Bar Pro Bono Unit Award

  • Chris has appeared in the Supreme Court:

    • Gilham v Ministry of Justice (Protect Intervening) [2020] 1 All ER 1; [2019] ICR 1655, Times, November 5, 2019 (Supreme Court) The failure to confer whistleblowing protection on judges amounted to a breach of Article 14 read together with Article 10. A landmark case on the use of Article 14 in which Chris, led by Daniel Stilitz KC, acted for the successful intervener. Reported by the BBC, the Times and the Guardian among others.

    • Taiwo v Olaigbe [2016] 1 WLR 2653, Times July 4, 2016, [2016] ICR 756, [2016] UKSC 31; CA report at [2014] 1 WLR 3636; [2014] ICR 571 (Supreme Court; led by Robin Allen KC). Domestic servitude and race discrimination: mistreatment of a migrant worker does not constitute discrimination on the grounds of nationality. Chris acted for Ms Taiwo throughout and established before the EAT (reported at [2013] ICR 770) that costs borne by a backing organisation may be recovered "on behalf of" a litigant.

    He also appears in trailblazing cases at every other level:

    • Casamitjana Costa v League Against Cruel Sports (ET, 2020) Established for the first time that ethical veganism is a protected belief. After cross-examination of the Respondents' witnesses, the Respondents conceded that the Claimant's actions in challenging the ethics of the company pension scheme were motivated by his belief and paid a confidential sum in compensation. Reported nationally and internationally by Guardian, the Telegraph, the New York Times, the Washington Post, Times, CNN, BBC and CNBC among others.

    • Sarnoff v YZ and others (ET and EAT, ongoing) Chris acts for YZ in landmark sexual harassment litigation against Harvey Weinstein (YZ's former employer) and those who are alleged to have knowingly aided his activity. EAT confirmed that the power to order disclosure “in Great Britain” under Rule 31 ET Rules 2013 does not preclude disclosure orders against parties based overseas. To be heard by CA. Led by Jonathan Cohen KC. Reported by the Mail among others.

    • Ali v Capita Customer Management Ltd; Hextall v Chief of Leicestershire Police (Working Families Intervening) [2020] ICR 87; [2019] IRLR 695 (CA). Does the failure to pay fathers the equivalent of enhanced maternity pay whilst on shared parental leave amount to direct or indirect discrimination? Reported by the Financial Times, the BBC and the Telegraph among others.

    • Bamieh v Foreign and Commonwealth Office and ors [2020] ICR 645; [2019] IRLR 736 (CA). The correct approach to claims against co-workers based overseas. Acting for the Claimant at the heart of the EULEX corruption allegations reported by the Wall Street Journal, Le Monde, Le Figaro, the Guardian, Independent, Daily Mail, the BBC and others.

    • Gray v Mulberry Co (Design) Ltd [2020] ICR 715; [2020] IRLR 29; Times, January 24, 2020 (CA). Is a belief in the "moral, statutory and human right for an individual to own his/her creative works" protected under EqA 2010? A significant appeal on definition, disadvantage and justification in belief claims, leading Rachel Barrett.

    • Gue and Zulu v Ministry of Defence (ET, 2019-2020) Landmark complaint of racial harassment in the army in which Chris acted for the successful Claimants. Reported by the Guardian, Times, Telegraph and BBC. By way of an earlier judgment, Chris established that the requirement to complete a service complaint process before initiating ET proceedings as s121 Equality Act 2010 might suggest would amount to a breach of Convention and EU-derived rights. Following the liability decision Chris secured a highly favourable settlement for each Claimant. Reported widely by the Guardian, Times, Telegraph and BBC among others.

    • B v ADM Investor Services and anor (ET, 2019-ongoing) High-profile complaint of disability discrimination in the City in which Chris continues to act for the successful Claimant. Reported in the Financial Times and Bloomberg among others

    • B v Yodel (ET and CJEU, 2019-ongoing) Worker status dispute; the last reference to the CJEU from the ET prior to EU withdrawal

    • Agoreyo v Lambeth LBC [2019] ICR 1572, [2019] IRLR 560 (CA). Definitive review on disciplinary suspensions as a breach of the implied term of trust and confidence. Led by Caspar Glyn KC; acted for the successful employer. Subject of media commentary by the Times among others.

    • A & B v X & Y (The Times Intervening) [2019] IRLR 620 and [2019] IRLR 969 (EAT). Landmark appeal on the correct approach to contested privacy applications in the context of serious sexual harassment allegations against a prominent individual in the wake of #MeToo. Subsequent EAT decision on the correct approach to privacy orders in EAT proceedings. Chris acted for the Claimants in their successful substantive appeal. Reported by the Times, the Telegraph and the Guardian among others.

    • Phoenix House Ltd v Stockman (No 2) [2019] IRLR 960 (EAT). Does covert recording in the workplace by an employee constitute a breach of the implied term of trust and confidence? If so, what is the "just and equitable" remedy for an unfair dismissal claim where the fact of those recordings is discovered after dismissal? Authoritative guidance on an issue of practical importance.

    • Barrasso v New Look Retailers Ltd [2020] ICR 448; [2019] IRLR 1042 (EAT). The first appeal to consider employee shareholder status and the means by which unfair dismissal rights can be restored.

    • A Ltd v Z [2020] ICR 199; [2019] IRLR 952 (EAT). Important guidance on constructive knowledge of mental health conditions where an employee refuses to disclose the full circumstances of his/her health.

    • Timis v Osipov (Protect Intervening) [2019] ICR 655; [2019] IRLR 52 (CA). An individual may be held liable for the detriment of dismissal under Part V ERA 1996 and consequently answerable for all post-termination losses. A landmark decision in which Chris, led by Schona Jolly KC, successfully acted for the Intervener

    • Jagoo v Bristol City Council [2019] P.T.S.R. 555; Times, February 26 2019 (CA). A test case raising "important points of principle about the status of disabled students" (per Lewison LJ) requiring reasonable adjustments to meet the requirements of tertiary education. Chris successfully acted for the student.

    • Braine and ors v National Gallery (ET, 2018-2019) Successfully acted for a group of 27 against the National Gallery in the first public sector “gig economy case.” Widely reported in the Guardian, the Observer, the Financial Times, the BBC, Independent, the Telegraph and featured on the Today programme

    • Baker v Abellio [2018] IRLR 186; [2017] All ER (D) 172 (Oct) (EAT). Important appeal on the proper approach to right to work checks in the context of unfair dismissal complaints: a precursor to the Windrush scandal. Chris acted for the successful Claimant and secured his reinstatement.

    • Kilraine v London Borough of Wandsworth [2018] ICR 1850; [2018] IRLR 846, [2018] WLR(D) 382; [2018] All ER (D) 44 (Jul) (CA). The first CA decision to address the meaning of a "disclosure of information" in s43B ERA 1996, overruling the information/allegation dichotomy in Cavendish Munro (leading Rachel Barrett)

    • Hak v St Christopher's Fellowship [2016] ICR 411 and [2016] IRLR 342 (EAT and CA). Article 6, the power to strike-out and the right of access to an interpreter. Chris acted for the successful Respondent in both striking out the claim and resisting the appeal before the EAT. The Claimant's appeal was dismissed upon withdrawal following exchange of submissions.

    • Day v Lewisham and Health Education England [2017] ICR 917; [2017] IRLR 623; Times, June 26, 2017 (CA). A test case on the rights of 54,000 junior doctors to pursue whistleblowing complaints against their training provider (which enjoys ultimate control over vocation), Health Education England

    • H v Ishmail and Al-Meghraby [2017] ICR 486; [2017] IRLR 228 (EAT). Presidential guidance on the purpose of and approach towards deposit orders, the direct effect of the Anti-Trafficking Convention and the right to a fair trial.

    • Compass Group plc v Morgan [2017] ICR 73; [2016] IRLR 924; [2016] All ER (D) 203 (Jul) (EAT). An EC certificate can cover future events. Presidential guidance on Early Conciliation

    • Faithorn Farrell Timms v Bailey [2016] ICR 1054, [2016] IRLR 839, P.L.C. 2016, 27(7); S.J. 2016, 160(31), 29; IDS Emp. L. Brief 2016, 1052, 12-15 (EAT). The first EAT judgment to consider protected conversations. Chris secured the admission of important documentation for the Claimant's discrimination claim and obtained a costs order in his client's favour before the EAT before securing a highly favourable settlement of the claim on remission.

    • Phoenix Futures Ltd v Stockman (No 1) [2017] ICR 84; [2016] IRLR 848; [2016] All ER (D) 212 (May); P.L.C. 2016, 27(7); IDS Emp. L. Brief 2016, 1050, 5-7; N.L.J. 2016, 166(7709), 9-10 (EAT). The ACAS Code does not apply to SOSR dismissals. An elegant restatement of the reasonableness test and the burden of proof in PIDA claims.

    • R (Child Soldiers International) v Ministry of Defence [2016] 1 WLR 1062; [2016] 1 CLMR 20; [2015] ACD 128 (Admin Court). Is the army recruitment policy of 16-18 year olds compatible with the UN Convention on the Rights of the Child and/or the Framework Directive? Led by David Wolfe KC; the issue was widely reported by the Guardian, the BBC, the Independent and Channel 4 among others

    • Blackwood v Birmingham and Solihull Mental Health NHS Foundation Trust [2016] ICR 903; [2016] IRLR 878; [2016] WLR(D) 336 (CA). Leading Rachel Barrett, Chris overturned the decisions below so as to ensure that those on work placements can bring discrimination claims against the placement providers in the ET. A paradigm judgment on Marleasing principles handed down the day before the EU Referendum.

    • Griffin v Plymouth Hospital NHS Trust [2015] ICR 347; [2014] IRLR 962; [2014] Pens. L.R. 689; IDS Emp. L. Brief 2014, 1009, 11-14 (led by Joel Donovan KC) (CA). Future loss, the Ogden tables and the correct approach to pensions in a disability discrimination case. The case led to the withdrawal and replacement of the 2003 Pensions Guidance

    • Chandhok and anor v Tirkey [2015] ICR 527; [2015] IRLR 195; [2015] All ER (D) 91; N.L.J. 2015, 165(7640), 9-10 (EAT). Caste discrimination is already captured as an aspect of ethnic origins. A landmark appeal before Langstaff P in which Chris successfully led Tamar Burton. On remission, Chris secured a resounding victory for his client and a total award of nearly £260,000 (£183,000 for non-payment of wages and nearly £60,000 by way of a non-pecuniary award making it the highest award for injury to feelings in any case in 2015). Reported by the Guardian, the Telegraph, ITN News at Ten, the Times and the BBC among others,

    • Harris v Academies Enterprise Trust and ors [2015] ICR 617; [2015] IRLR 208; [2014] All ER (D) 89; N.L.J. 2015, 165(7635), 1011 (EAT). Presidential guidance on the overriding objective in ET proceedings post-Mitchell/Denton. Secured a highly favourable settlement on remission.

    • Smania v Standard Chartered Bank [2015] ICR 436; [2015] IRLR 271 (EAT). The first appeal to directly address the territoriality test for whistleblowing complaints. Discussed in depth at IDS Emp. L. Brief 2015, 1014, 16-18

    • Hainsworth v Ministry of Defence [2014] IRLR 728; [2014] 3 CMLR 43; IDS Emp. L. Brief 2015, 1015, 14-16 (led by Paul Michell) (CA). Intervention for the EHRC: associative reasonable adjustments and carers' rights

    • Jessemey v Rowstock Ltd [2014] 1 WLR 3615; [2014] ICR 550 (led by Karon Monaghan KC) (CA). Post-termination victimisation restored. Chris intervened unled on behalf of the EHRC before the EAT (see [2013] ICR 807; [2013] IRLR 439; [2013] EqLR 438).

    • Costain v Armitage and EMT (EAT). Authoritative guidance on the correct approach to assignment in TUPE service provision changes.

    • Pathan v South London Islamic Centre [2014] All ER (D) 06 (EAT). Guidance on extensions of time and the limits of the Burns/Barke procedure.

    • Lemonious v Church Commissioners [2013] All ER (D) 199 (Jun); Harveys at [2571] (EAT). Nil award re-affirmed on remission: Chris acted for the Church Commissioners. The high-profile allegations of discrimination discussed in the Mail and the Daily Telegraph were resoundingly rejected by the ET

    • JJ Food Service Ltd v Zulhayir [2014] C.P. Rep. 15 (CA). The CA considered the cost-capping provisions of CPR52.9A for the first time.

    • JJ Food Service Ltd v Zulhayir [2013] WLR (D) 396; [2013] All ER (D) 176 (Oct); [2014] ICR D3 (CA). Unfair dismissal and disability discrimination

    • Philander v Leonard Cheshire Disability (EAT) Guidance on the capability/conduct divide in unfair dismissal complaints.

    • East Coast Main Line Co Ltd v Phillips (EAT) The duty to give reasons in Polkey projections

    • Dorzema v Dominican Republic (Inter-American Court of Human Rights). The killing of Haitian nationals; amicus curae on behalf of the ERT. Having considered the ERT's intervention, the IACHR determined that the Dominican Republic had not complied with its legal obligation to investigate allegations of race discrimination against state actors.

    Noteworthy High Court/ET litigation

    • O'Sullivan v Islington Borough Council The first case to consider s60 EqA 2010 (pre-employment health questions): Chris succeeded at trial and obtained an excellent settlement on remedy.

    • X v Y School and Z LA Chris acted for a teacher undergoing gender reassignment in a claim raising complex issues of discrimination and third party harassment. Achieved a highly favourable settlement and, most importantly, facilitated a successful return to work

    • B and 68 others v Department for Work and Pensions Class action before the High Court in which Chris acted for the Claimants alleging multiple breaches of contract in a job regrading scheme. Settled on excellent terms.

    • Securitas v Union Chris acted for Securitas seeking injunctive restraint of industrial action which risked multi-million pound losses due to the potential closure of four steel works: settled on excellent terms.

    • G v A Bank Use of injunctive relief to restrain disciplinary action which failed to follow company procedure

    • PR Co v S Breach of contract and agency/fiduciary relationship due to alleged poaching of team work

    • F v Government Department Injunctive proceedings to retain flexible working of an employee with primary care responsibilities for his disabled partner on the grounds that associative discrimination constituted a breach of the implied term. Resolved on excellent terms.

    • Price v Butlins Skyline Ltd Discrimination claim on the grounds of Traveller status due to the requirement for guests to be placed on the electoral roll. Funded by the EHRC: settled on excellent terms. The issue has generated coverage in the Independent and the Mail

    • X v NHS Trust Action under HRA and EqA 2010 on behalf of a patient unable to speak English who was detained under MHA 1983 in the absence of an interpreter

    • H v Birkbeck Students Union A complaint of harassment, defamation and discrimination in which Chris acted for the union. An excellent outcome obtained

    • X v Y and Chief Constable of Z Chris acted for the Claimant teacher in a test case against his former employer. What duty of care does a school owe to staff for disclosures made to the police which later spoil employment when repeated on a CRB Certificate? Excellent outcome obtained.

    • Charlotte Lloyd v Callaways Chris advised the Claimant in this successful and well-publicised case of sexual harassment, victimisation and constructive dismissal reported in the Telegraph, the Times and the Mail among others.

    • N v Y NHS Trust 20-day discrimination case in which Chris successfully resisted each of 44 allegations of discrimination advanced over a 5-year period.

    • Peaden v President of the Methodist Church (led by Paul Michell) Are Methodist Ministers "workers" within the meaning of EA 2010 or otherwise entitled to protection? The Church conceded that P had standing to pursue discrimination complaints as an officeholder curbing the scope of Preston.

    • P v H Trafficking, harassment and personal injury.

    • B v Chief Constable of Y False imprisonment leading to seismic psychiatric injury.

    • E v NHS Trust Breach of contract complaint arising from the failure to implement the Agenda for Change payscales. Excellent outcome obtained

    • C v NHSBSA Appeal against decision of Deputy Pensions Ombudsman concerning the statutory interpretation of NHS Injury Regulations 1995. Excellent outcome obtained.

    In addition Chris has acted in a number of High Court post-termination restrictions cases in sectors as varied as recruitment consultancy, medical research, marketing and freight services.

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