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LATEST NEWS - Jack Mitchell and Joe England, employment law barristers at 3PB, acted in the recent and high profile NHS whistleblowing case of Dr Raj Mattu.
9th February 2016
The facts Dr Raj Mattu was employed as a cardiologist at the Walsgrave Hospital in Coventry. In 2001, Dr Mattu made protected disclosures concerning patient ... read more
Chambers & Partners UK:
Employment – Western (Bar) – Band 2
3PB's employment law barristers work for both claimants and respondents on all kinds of contentious cases from the Employment Tribunal to the High Court, and are frequently instructed on restrictive covenant matters. In recent months, members have appeared in cases such as London Borough of Hillingdon v Meso, a complex appeal concerning a race discrimination claim which related to causation and the precision of such claims. They also acted in Woods v Somerset County Council, an appeal on the grounds of issues of procedure and the definition of casual work. "All of them are exceptionally good counsel," say solicitors. "They're timely on paperwork, good on their feet, give sensible suggestions in terms of settlement, and have good all-round ability."
Client service: "The clerking is very personalised, they always ensure they understand our needs, and that we get barristers who follow our approach." "Russell Porter is their senior clerk, and he goes out of his way to make sure we're happy."
Has a strong record of handling high-profile matters and is adept at shielding clients from public exposure. He demonstrates expertise in cases of whistle-blowing, and advises on Public Interest Disclosure Act claims in the commercial sector.
Strengths: "A good all-rounder with a specialism in whistle-blowing."
Recent work: Achieved success at the Court of Appeal in the case of Agbenowossi-Koffi v Donvand Limited (t/a Gullivers Travel Associates), which concerned the criteria for a finding of unjust harassment.
Acts for both claimants and respondents in a broad range of discrimination and unfair dismissal cases across the country. He also advises on confidential information matters and restrictive covenants.
Strengths: "He clearly dedicates much time to the preparation of matters, and knows the papers back to front, so that he can use them to make points very clearly."
Recent work: In the whistle-blowing case of England v St Edmund's School, he proved through cross-examination that the claimant's allegations of a colleague's inappropriate behaviour were false and unfounded.
Harriet Fear Davies
Handles both private and public sector claims, and is often instructed in restrictive covenant matters and similar employee competition cases.
Strengths: "She's extremely personable and able. She's got a good perspective on how we work and she gets her hands dirty." "Harriet is very responsive and shows great attention to detail. She is thorough and communicates well."
Recent work: Successfully represented the claimant in MacGregor v University Hospital Southampton NHS Foundation Trust, a several-day Tribunal hearing concerning claims of detriment and unfair dismissal as a result of whistle-blowing.
Has represented high-profile employers and employees in Tribunal cases nationwide, and also acted for students in university disciplinary hearings and employees in professional internal disciplinary issues.
Strengths: "He's well regarded, thorough and client-friendly." "He gets the points across quickly and he's good at cross-examination."
Recent work: Acted for the appellant in the Employment Appeal Tribunal case of Vodafone v Miss A Nicholson.
Has represented both claimants and respondents in matters concerning issues as diverse as whistle-blowing, unfair dismissal, TUPE, equal pay, unlawful deductions and breach of contract.
Strengths: "He's calm and reassuring, and has a confident approach. He always delivers and always gets good results." "He's sensible, gives the client confidence, and can boil down the information to its essential points."
Recent work: Successfully represented the claimant in the case of Woodford v Gowrings in the Employment Tribunal. The claimant alleged wrongful and unfair dismissal following the employer's accusations of misconduct.
Handles high-value or multi-day unfair dismissal and discrimination cases. He also tackles TUPE and restrictive covenant cases for both employers and senior employees.
Strengths: "He's personable, detailed, conscientious, and he puts an awful lot of work in." "He can pull out a great result from anywhere."
Recent work: Successfully acted for the respondent in the Employment Appeal Tribunal case of Esparon t/a Middle West Residential Care Home v Slavikovska. This case, which had nationwide consequences, concerned the question of whether care workers on sleep-in shifts were entitled to the National Minimum Wage.
Chambers & Partners UK - 2015:
Employment – Western Circuit - Band 2 Set
This set acts for claimants and respondents on all aspects of employment law, and has experienced advocates across all levels. 3PB boasts particular expertise in the enforcement of restrictive covenants, and maintains strong relationships with nationwide legal insurance companies.
Client service: "The clerking is good there. Russell Porter, the chambers director, is particularly helpful - whenever we phone up he will bend over backwards to assist us."
Offers in-depth employment law expertise to clients on complex cases concerning issues such as race discrimination and breaches of restrictive covenants. He is also a part-time employment judge.
Expertise: "He is a clear, technically astute advocate who is very thorough and approachable." "His knowledge of law is almost nerdy, and he uses it to such a powerful extent that he is incredibly convincing."
Recent work:Instructed by Larchcroft Education Trust on a claim against one of its schools concerning race discrimination and constructive unfair dismissal.
[Former head of the employment team] has decades of experience across many high-profile employment matters. He is an expert on whistle-blowing issues, having co-authored numerous prominent publications on the topic.
Expertise: "He is very good commercially and very robust. Whenever you have a complicated case he's the guy to go to, as he can bat off the other side quite well." "He's a fluent advocate - his submissions are very detailed, and he has an amazing ability to persuade the judge with his legal reasoning, and also convince the other side that they have something significant to consider in terms of legal argument."
Harriet Fear Davies
A rising star on the Western Circuit who draws praise for her user-friendly approach. Her growing practice covers all aspects of employment law, on behalf of both public and private sector clients.
Expertise: "She is highly commercial, always prepared and never lets you down - she always goes the extra mile." "Often in employment there can be industry-specific jargon - she can assimilate difficult concepts quickly, and performs well on her feet. She's also exceptionally bright."
Recent work: Successfully represented Brimheath Developments & Ors in a case concerning a discrimination claim on the grounds of sex, sexual orientation and disability.
A junior who advises exclusively on employment law cases, often involving complex, multiple-day tribunal hearings. He has particular experience of cases relating to equal pay litigation.
Expertise: "He is a thorough and systematic barrister. You always know when Andrew is instructed that he will devote his full care and attention to the case." "He's quite technical but very effective as an advocate, and always invested in his work."
Recent work: Represented Community Options as respondent at tribunal and the EAT, against a claim of unfair dismissal and failure to make reasonable adjustments.
Former solicitor and part-time employment judge, with strong experience of high-value discrimination claims. He also has noteworthy expertise in TUPE claims, particularly cases involving multiple respondents.
Expertise: "He is very proactive and well prepared at all times. His skills and abilities as an advocate, and his client management skills, belie his relatively junior call." "He was a solicitor for a number of years so he knows the commercial reality for his clients, as well as being pragmatic and approachable. He's always been succinct and helpful, even with general queries. His presentational style is adaptable."
Recent work: Represented outsourcing and distribution company Bunzl as the respondent in a tribunal claim of constructive unfair dismissal, concerning an alleged failure to provide a safe system of work and the instigation of a sham disciplinary process.
Experienced in a range of employment cases on behalf of clients from a variety of sectors, including recent success with governmental, engineering and automotive clients. Alongside his traditional employment practice, he regularly acts on internal professional disciplinary matters for clients such as rugby clubs and universities.
Expertise: "He is a reliable barrister who is willing to get stuck in."
Recent work: Acted for Horfield Health Centre on an unfair dismissal case brought by a claimant who was dismissed on the grounds of capability.
Frequently represents clients in tribunal courts nationwide, as well as at the EAT, in complex employment matters. He acts largely for respondents, with particular expertise in discrimination and whistle-blowing cases.
Expertise: "He always has the confidence and respect of the tribunal." "He is practical, and good at explaining difficult concepts in simple terms."
Recent work: Acted for an employer in a convoluted tribunal case involving two respondent companies, three claimants and two interpreters, concerning claims of race discrimination, victimisation, harassment and unfair dismissal.
Chambers & Partners UK: Employment - Western (Bar)
With a large employment practice of 32 barristers, 3PB has a wide employment offering and its members are instructed in High Court injunctive relief matters relating to the enforcement of restrictive covenants. The set handles advocacy at all levels, whether in the ET, EAT, High Court or the Court of Appeal. Recent case highlights include an appeal surrounding the non-payment of national minimum wage to care workers on call during ‘sleep-in’ shifts. The case was successful in the Tribunal at first instance.
Client service: “Both the clerks and barristers provide a very good level of service.”
Chambers & Partners UK Bar Guide 2014
Legal 500 Bar Directory – Rankings For 2015
Recommendations and Quotes
Employment – Leading juniors
Jack Mitchell - He is really personable and approachable, and excellent on his feet.
REGIONAL BAR: South Eastern Circuit
Employment – Leading juniors
Jack Mitchell- A leading authority on whistleblowing
REGIONAL BAR: Western Circuit
Employment – Leading juniors
Gareth Graham - He has an incisive and forensic approach to legal arguments, and is an excellent advocate
Colin McDevitt - He understands the law and the needs of the client alike
James Dawson - He quickly absorbs and analyses complex information in order to establish the relevant issues
Stephen Wyeth - He is able to very quickly sift through volumes of information to establish what is relevant
Simon Tibbitts - He goes above and beyond what one would expect
Legal 500 Bar Directory – Rankings For 2014
Recommendations and Quotes
Jack Mitchell - 3PB ‘Takes an intuitive and imaginative approach to his work.'
REGIONAL BAR: SOUTH EASTERN CIRCUIT
Ranked as a leading set Tier 2 in the South Eastern circuit
At 3PB, a core of individuals specialise in High Court injunctive relief matters relating to enforcement of restrictive covenants. Leading whistleblowing expert Jack Mitchell heads the team.
Jack Mitchell - 3PB ‘He has a sharp, analytical mind and quick to grasp complex facts.’
REGIONAL BAR: WESTERN CIRCUIT
Ranked as a leading set Tier 2 in the Western Circuit
3PB’s employment team exhibits broad knowledge of areas such as, whistleblowing, equal pay and discrimination; Colin McDevitt was instructed in a number of complex cases involving the latter in 2013. The team was recently bolstered by the arrivals of Simon Tibbitts and Gareth Graham from Queen Square Chambers.
Jack Mitchell - 3PB ‘Extremely tenacious, bright and commercially intuitive.’
James Dawson - 3PB ‘He has a fantastic analytical mind and prepares exceptionally thoroughly.’
Gareth Graham - 3PB ‘Pragmatic, commercial and quick to grasp the most important issues.’
Colin McDevitt - 3PB ‘An astute advocate, who will always fight your corner.’
Simon Tibbitts - 3PB ‘He has vast knowledge of employment law, and is always on hand to answer queries.’
Stephen Wyeth - 3PB ‘Very knowledgeable and personable.’
The 3PB Employment Group comprises experienced counsel practising out of each of our five centres. We provide advisory and advocacy expertise across all employment law areas, including all forms of discrimination, whether or not it is employment based. This encompasses both contentious and non-contentious work. All are members of the Employment Law Bar Association. We accept instructions to appear in Courts and Tribunals anywhere in England and Wales.
We provide advocacy services in employment tribunals but members regularly appear in the High Court and County Courts in litigation involving such matters as the validity of restrictive covenants, interim injunctions, breach of confidence, pensions disputes and so forth. Click here for further details of our specialist practitioners in Employee Competition.
We also undertake a substantial amount of work in the London transport sector.
As the CVs of individual members illustrate, members of the group also appear in the Employment Appeal Tribunal and the Court of Appeal. Members’ cases are regularly reported in the law reports.
All group members are available to have conferences in any of our five centres or other agreed location. We can also conduct conferences by telephone or video link.
We have specialists in all areas of employment law and individual specialisms can be identified by looking at individual CVs or by speaking to our dedicated practice group clerk, Russell Porter, on 01865 793736.
We are approved by the Law Society for CPD lectures. Details of forthcoming events can be obtained from Russell Porter.