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Andrew practises predominantly in the field of employment and discrimination law. He also undertakes work in the fields of sports law and commercial law, including arbitration (see details below).  In addition, he is an ADR Group Accredited Civil & Commercial Mediator.

With regard to appellate work, Andrew has appeared in the Employment Appeal Tribunal in the following cases:

Williams v Amey (UKEAT/0287/14/MC) – analysing the correct approach to Polkey and contributory fault reductions;

Oni v Unison (UKEAT/0370/14/LA; UKEAT/0371/14/LA) – concerning the proper approach to the Tribunal’s assessment of costs, in circumstances where a claim has been rejected for substantially the reasons given in an earlier deposit order;

Begum v Pedagogy Auras UK Ltd t/a Barley Lane Montessori Day Nursery (UKEAT/0309/13/RN) –  the claimant sought to challenge the tribunal’s decision to reject a claim of indirect religious discrimination, arising out of the application of a uniform policy for nursery workers;
McCarthy v Jaguar Cars Ltd (UKEAT/0320/13/SM) – consideration of the proper approach to reasonable adjustments, in the context of a redundancy scoring process;

SPS Technologies Ltd v Chughtai (UKEAT/0204/12/SM) – the employment tribunal had wrongly substituted its own view of fairness for that of a reasonable employer (and also erred in applying only a 30% reduction to compensation on grounds of contributory fault);

Senator Hotels Ltd v Ratkowksi (UKEAT/0318/12/CEA) – an appeal involving allegations of serious procedural unfairness at the ET hearing;

Montracon Ltd v Hardcastle (UKEAT/0307/12/JOJ) – concerning the tribunal’s jurisdiction to make differing reductions to the basic and compensatory awards, on account of an employee’s contributory fault;

Gill v AWE Plc (UKEATPA/0663/11/LA) – appeal against an interim decision of the EAT Registrar regarding rules of procedure;

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.
Andrew is regularly instructed to appear in complex and high value Employment Tribunal proceedings (on behalf of both claimants and respondents).
With regard to High Court work, Andrew has experience of disputes involving (amongst other matters):

  • Bonuses;
  • Restrictive covenants;
  • Misuse of confidential information and breach of fiduciary duties; and
  • Industrial action.

Andrew is the author of the discrimination law section of Jordan’s Employment Law. He regularly delivers seminars to Instructing Solicitors on a variety of topics – a selection of which may be downloaded below.

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. Following the decision of the ECtHR in Eweida and others, Andrew co-authored an article for The Lawyer with Cherie Booth QC.

In the field of sports law, Andrew has:

  • Been instructed by UEFA and FIFPro in connection with their Joint Complaint to the European Commission on the issue of Third Party Ownership in football (see the press releases here and here);
  • Acted for a Championship football club in its defence of a High Court claim for breach of contract, arising from the termination of the Club’s former manager and several members of the coaching staff;
  • Acted for Senegalese international and Newcastle United forward Papiss Cissé in connection with his objection (on religious grounds) to wearing the team sponsor’s logo on his shirt;
  • Acted for the football manager Iain Dowie in a claim for wrongful dismissal before the FA Premier League Managers Arbitration Tribunal;
  • Represented a Championship football club in an Employment Tribunal claim arising out of the termination of a coaching engagement;
  • Been instructed on a dispute relating to membership of the Professional Speedway Elite League.

Andrew is one of the authors of Football and the Law (Bloomsbury Publishing); and was invited to speak at a ‘Player Contracts Conference’ where he presented a seminar on ‘Calculating Compensation for Contract Breaches’, pursuant to Article 17 of the FIFA Status Regulations (a review of which can be read here).  Andrew’s other sports law publications include an article in the Entertainment and Sports Law Journal entitled ‘All Bets Are Off: Match Fixing in Sport – Some Recent Developments’.

Andrew has recorded podcasts for CPDcast on the new FIFA and FA Regulations on Working with Intermediaries; Whistleblowing in Sport; and Discrimination in Sport.
Andrew is a contributor to the Lawinsport.com website and has written articles on the following topics:

In 2015 Andrew was appointed to the LawInSport editorial board.

Andrew’s civil litigation practice involves him representing and advising clients on a broad range of commercial matters, often with an employment element (for example, partnership disputes).  He was recently led by James Laddie QC in a complex commercial arbitration, concerning a dispute over agency fees/commission.  Andrew also has experience of personal injury litigation, including high value medical negligence claims.

Andrew accepts instructions under the Bar Council Standard Contractual Terms, details of which can be found here.

Articles and Downloads

DIRECTORY RECOMMENDATIONS
WHAT THEY SAY:

Employment and discrimination

“He is responsive, masters the details of a case and is quick on his feet.” “Approachable and pragmatic, he explains matters lucidly to clients.”  “Focuses on tribunal and EAT representations, and has garnered high praise for his quick-thinking advocacy” (Chambers & Partners, 2016)

“Praised for his encyclopaedic knowledge of case law and the quality of his cross-examinations. He advises on all aspects of employment law with a focus on cases in the Employment Tribunal.” (Chambers & Partners, 2015)

Client comments include: “He is one of our go-to juniors, who performs significantly beyond his level of experience.” “Impressive on his feet, he has a lovely manner and is very engaging and persuasive.” “Very hands-on, he really feels like a member of the team.” (Chambers & Partners, 2015)

“A notable junior who is acknowledged as an up-and-comer in the discrimination arena. He is equally comfortable representing both claimant and respondent clients in a range of employment disputes.” (Chambers & Partners, 2015)

Client comments include: “Quick on his feet and very intellectual”, and “he is practical, commercial and very responsive.” (Chambers & Partners, 2014)
Andrew is listed as a leading employment junior by the Legal 500 directory, which describes him as “A real budding star”.

Andrew’s work was also recognised in an article published by Legalweek.com, entitled ‘First among equals: Stars at the Bar 2012’.  Andrew was Highly Commended in a list of 15 junior barristers (selected from a total of more than 375 recommended junior barristers of 10 years’ call and under, from all circuits across England & Wales).

Sport

“Highlighted by peers for his growing football practice. He is an employment specialist who regularly acts for both managers and players in contractual disputes with clubs and governing bodies.” (Chambers & Partners, 2016)

Client comments include: “He provides persuasive written submissions and fantastic advocacy skills. He is also very friendly and quick to respond to queries.” (Chambers & Partners, 2016)