Adam 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.
Cases of note include:
Brown v Veolia ES (UK) Ltd (UKEAT/0041/20) – Appeal against conclusion that dismissal was fair despite ET describing the dismissal process as a ‘catalogue of ineptitude and misjudgment.’
Phelan v Richardson Rogers Ltd [2021] ICR 1164 – Whether the ET applied the correct legal principles when refusing to postpone a hearing when the claimant was unwell.
Crew Employment Services Camelot v Gould (UKEAT/0330/19) – Consideration of territorial jurisdiction over employment claims brought by the captain of ‘super yacht’.
Flatman v Essex County Council (UKEAT/009/20) – Correct analysis to be conducted in determining whether there had been a constructive dismissal where it was alleged that the employer had breach the implied term to provide a safe working environment.
Jones v BT Facility Services Ltd (UKEAT/0237/19) – On the approach a tribunal must take when determining whether a dismissal was by reason of redundancy.
Angard Staffing Solutions Ltd v Kocur [2020] ICR 1541 – On the application of the Agency Worker Regulations 2010.
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.
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
Called 2001; Middle Temple. Lectures on employment law; regularly contributes to ELA Briefing.
ELBA; ELA; ELAAS; ILS; ARDL; Advocate.
University College London (LLB).