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		Thomas Linden QC


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	Thomas Linden QC


	Notable Cases


	Airbus UK Ltd v Webb [2008] IRLR 309
	On the extent to which employers may rely on expired disciplinary warnings

	Coors Brewers v Adcock & Others (2007)
	On whether discretionary bonus claims can be brought as claims for unlawful deductions from wages.

	Robinson-Steele; Marshalls Clay (2006)
	On whether employers may ‘roll up’ holiday pay under the Working Time Directive

	Villalba v Merrill Lynch (2007)
	The highest value sex discrimination/equal pay claim to have been fought in the Employment Tribunal

	Lawson v Serco Ltd (2006)
	On the extraterritorial effect of the Employment Rights Act 1996

	Celtec v Astley (2006)
	On whether a relevant transfer must take place at a fixed point in time for the purposes of the Acquired Rights Directive

	R (Ultraframe (UK) Ltd) v Central Arbitration Committee (2005)
	On the powers of the CAC to supervise ballots under the statutory recognition procedure under Schedule A1 to the Trade Union and Labour Relations (Consolidation) Act 1992

	Saggar v Ministry of Defence (2005)
	On the extraterritorial effect of the anti discrimination legislation

	Copsey v Devon Clays (2005)
	On the application of Article 9 of the European Convention on Human Rights to unfair dismissal claims

	Dresdner Kleinwort Wasserstein v Adebayo (2005)
	On the application of the new burden of proof provisions to a race discrimination claim brought by a black trader

	R (National Union of Journalists) v Central Arbitration Committee (2005)
	On the effect of voluntary recognition of an alternative union on the availability of the statutory recognition procedure under Schedule A1 to the Trade Union and Labour Relations (Consolidation) Act 1992

	Dunnachie v Kingston-upon-Hull CC (2004)
	On whether damages for non economic loss are recoverable as part of the compensatory award for unfair dismissal

	Bamsey v Albon Engineering Ltd (2004)
	On the compatibility of the annual leave provisions of the Working Time Regulations with Article 7 of the Working Time Directive

	Martin v Southbank University (2004)
	On the transfer of occupational pension rights and the scope for agreed variations to such rights in the context of the Acquired Rights Directive

	Ministry of Defence v Armstrong (2004)
	On the concept of indirect discrimination in the context of the equal pay provisions

	P v NASUWT (2003)
	On the meaning of “trade dispute” for the purposes of the golden formula immunity from suit in the context of industrial action, and the conduct of ballots by trade unions

	Jowitt v Pioneer Technology Ltd (2003)
	On permanent health insurance schemes

	Nelson v Carillion Services Limited (2003)
	On the burden of proof in equal pay cases where it is alleged that the employer’s genuine material factor defence is indirectly discriminatory

	Mangera v Ministry of Defence (2003)
	On the application of Article 6 of the Convention on Human Rights to discrimination claims brought by members of the armed forces

	Lady Archer v Jane Williams (2003)
	A claim for an injunction and damages for breach of confidence/privacy

	RCO v UNISON & Others (2002)
	On the concept of a relevant transfer under the Transfer of Undertakings Regulations 1981

	R (De Beer) v Returning Officer for Harrow LBC (2002)
	A challenge to the decision of the Returning Officer to disqualify Liberal Democrat candidates in a local election

	R (Kwik Fit) v Central Arbitration Committee (2002)
	On the correct approach to the determination of the “appropriate bargaining unit” for the purposes of the statutory recognition machinery under Trade Union and Labour Relations (Consolidation) Act 1992

	Bowden v Tuffnells Parcels Ltd (2001)
	A reference to Europe on the scope of the road transport sector exclusion under the Working Time Directive

	Anyanwu v Southbank University (2001)
	On the construction of “knowingly aided” under the anti-discrimination legislation

	Kenrick v Heinz Co Ltd (1999)
	On the relevance of knowledge of disability and the scope of the justification defence under the Disability Discrimination Act 1995

	Askew v Governing Body of Clifton Middle School and others (1999)
	On the liabilities of governing bodies in the event of amalgamation of locally managed schools

	Cherie Blair v (1) Marks and (2) Associated Newspapers (1999)
	An application for an injunction to restrain breach of confidence/privacy by Mrs Blair’s ex-nanny

	McCoid v Farnsworth Ltd (1999)
	On whether derecognition of a shop steward is “action short of dismissal” for the purposes of a trade union victimisation claim under s 146 Trade Union and Labour Relations (Consolidation) Act 1992

	Carver v Saudi Airlines (1999)
	On scope for flight attendants on foreign airlines to sue in domestic tribunals for unfair dismissal and discrimination

	Mugford v Midland Bank (1997)
	On the requirementon employers to consult in relation to redundancy for the purpose of unfair dismissal law

	NUT v St Mary's Church of England (Aided) School (1995)
	On whether the governors of a voluntary aided school are an emanation of the state for the purposes of the doctrine of direct effect in EU law

	Wren v Eastbourne BC (Nos 1 and 2) (1993)
	The first case in this country to decide that the Transfer of Undertakings Regulations 1981 may apply to contracting out in the public sector

	TGWU v Middlesbrook Mushrooms (1993)
	On whether a campaign for a consumer boycott of an employer's products in the context of an industrial dispute is an economic tort



	Specialist Practice Areas




	Discrimination and Equality


	Education Law


	Employment Law


	EU Law


	Human Rights


	Local Government Law


	Public Law


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