Andrew practises predominantly in employment and discrimination law. He also undertakes work in the fields of sports law, personal injury, commercial and education law.
Andrew regularly appears in employment tribunals on behalf of claimants and respondents, and has advised on a wide range of employment law matters, including:
• Discrimination and the Equality Act 2010
• Unfair and wrongful dismissal
• Bonus claims and restrictive covenants
• Redundancy
• Whistleblowing
• Equal pay
• Deductions from wages and holiday pay
• Transfer of undertakings and service provisions changes
• Industrial action
• Costs applications
Andrew is often instructed to draft ET1s, ET3s, Scott Schedules and other formal applications.
With regard to appellate work, Andrew has appeared in the EAT in the following cases:
Gill v AWE Plc (UKEATPA/0663/11/LA) - appeal against an interim decision of the EAT Registrar;
Boanu v Group 4 Securicor (UKEAT/0389/10/ZT) - a perversity challenge following the tribunal's rejection of constructive dismissal and race discrimination complaints (settled following a successful Rule 3 (10) hearing);
Olayemi v Athena Medical Centre (UKEAT/0613 and 0614/10/ZT) - an appeal against the tribunal's refusal to permit a late application to add a claim of whistleblowing to existing claims of unfair dismissal and sex discrimination;
Amadasum v Poyry Energy Ltd (UKEAT PA/1557/09/RN) - concerning the EAT’s jurisdiction to extend the 42 day time limit for appealing against a Tribunal’s judgment;
Thomson v London Borough of Haringey (UKEAT/0318/09/LA) - regarding the proper interpretation of step 1 of the statutory disciplinary and dismissal procedure.
Notable recent Tribunal cases include:
Rogers v TFS Derivatives Limited - defending an unlawful deductions claim in respect of an alleged guaranteed bonus (worth £179k);
Prosser v South Central Ambulance Service - acting on behalf of the claimant in a claim of unfair dismissal and disability discrimination, arising out of a failure to redeploy the claimant to an internal vacancy;
Thomas v Delfont Mackintosh Theatres Limited - acting for the Respondent in a lengthy trial involving (unsubstantiated) allegations of unfair dismissal and race discrimination by a former box office manager;
Jacobs v BGC Brokers LP - acting on behalf of the claimant in an unlawful deductions and protected disclosure claim (judgment awaited); and
Moss, Harris & Others v BGC Brokers LP - acting on behalf of five claimants in multiple claims of unfair dismissal and breach of TUPE obligations.
Andrew is a contributor to the discrimination law section of Jordan’s Employment Law. He has recently delivered seminars to Instructing Solicitors on a variety of topics, including the Equality Act 2010, the Agency Workers Regulations 2010, disability discrimination, High Court bonus claims, equal pay and TUPE. Andrew is a member of the Employment Lawyers Association and has produced articles for the ELA Briefing on "Effective Dates of Termination and Reasonable Practicability" and Stigma Damages.
In the field of sports law, Andrew acted on behalf of the claimant in Iain Dowie v Charlton Athletic FC (2010), a case before the FA Premier League Managers Arbitration Tribunal. Andrew also has experience of claims involving the Football Agents Regulations; and was instructed on a dispute relating to membership of the Professional Speedway Elite League (led by Rhodri Thompson QC). The summer 2011 volume of the Entertainment and Sports Law Journal includes an article by Andrew entitled 'All Bets Are Off: Match Fixing in Sport - Some Recent Developments'. Andrew was invited to speak at the Player Contracts Conference 2011, where he presented a seminar on 'Compensation for Contract Breaches', pursuant to Article 17 of the FIFA Status Regulations.
Andrew’s civil practice also involves representing and advising clients on a range of personal injury claims (including RTAs, accidents at work, industrial deafness and Highways Act claims) and commercial disputes. In these fields, Andrew has experience of small claims and fast track trials in the County Court.
With regard to education law, Andrew appeared in the Special Educational Needs and Disability Tribunal in a case involving the refusal of a local authority to fund a placement for a statemented child in a specialist independent school. He recently advised an early years setting on the interpretation and effect of non-statutory guidance, with regard to Ofsted inspections.