Mark Green

Call 2006
Email mark.green@3pb.co.uk
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Employment

Mark's busy employment law experience has covered a wide range of cases, representing both Claimant and Respondent, at both the Employment Tribunal and the Employment Appeal Tribunal.

Recently, Mark has been successful in defending a ten day race discrimination case, in which over one million pounds was claimed from a national Church. He also achieved an award for the Claimant of over £100,000 in an action under the whistleblowing and unfair dismissal provisions.

In Anwar v Tower Hamlets UKEAT/0091/10, an appeal under the DDA 1995, Mark successfully argued that when considering whether or not an impairment was likely to last 12 months and therefore be 'long term', the Tribunal must have regard to the likely effect of treatment on that impairment. The Tribunal went on to name several factors that should be taken into account, confirming the law in this area for the first time.

Other recent tribunal issues have included:

• disability, sex and race discrimination
• discrimination on the basis of marital status and pregnancy
• restructuring processes which are erroneously named redundancy situations
• constructive unfair dismissal
• employee status of former company directors
• public interest disclosures relating to health and safety
• gross misconduct
• capability procedures, particularly with regard to long term sickness
• breach of contract
• victimisation/harassment
• waiver of privilege in Employment Tribunal proceedings

Mark appears frequently both at preliminary and final hearings and has been successful in obtaining the maximum statutory award for unfair dismissal. He also has experience of written applications for reviews and cost orders, making and defending applications to strike out, and advising on appeal.

Out of tribunal, Mark has developed a reputation as an advocate with an excellent 'bedside manner', taking the time to listen to his clients carefully and explain matters clearly and concisely.