Simon practises in employment and commercial work. Simon was appointed Junior Counsel to the Crown in 2015 on the Attorney General’s regional panel for a period of five years. He has a particular interest in the employment field, where he has developed a reputation for delivering favourable outcomes and providing excellent client service, particularly for a barrister of his call.
He frequently represents clients in complex multi-day employment tribunals. He has experience advising and representing both claimants and respondents in areas such as: unfair and wrongful dismissal, all types of discrimination, whistleblowing, unlawful deductions and holiday pay, employment status, redundancy and TUPE. A selection of his recent work is presented further below. Simon regularly delivers seminars on a range of employment and commercial subjects.
In January 2016, Simon was appointed as an independent Case Examiner at the General Optical Council. As such, he considers allegations against individual opticians and optical businesses and, exercising the delegated powers of the Investigatory Committee, determines whether there is a realistic prospect that the registrant’s fitness to practise is impaired. In addition to his legal credentials, Simon brings substantial experience from his earlier career (as both a manager and an employee) which assists his employment practice in particular.
Acted for R in 12 day tribunal: direct discrimination, harassment, victimisation, unfair dismissal
Acted for R in 6 day tribunal: resisted claim for race discrimination and further remedies under the Agency Worker Regulations
Acted for 5 Cs in 8 day TUPE tribunal
Acted for C finance director in 8 day whistleblowing, constructive unfair dismissal and unlawful deduction claims
Acted for C in 6 day constructive unfair dismissal hearing against the NHS Acted for R: resisted claim for constructive unfair dismissal
Acted for 7 Cs in 3 day TUPE tribunal
Acted for C senior manager in 4 day tribunal and secured a finding of unfair dismissal against a leading retail organisation
Acted for C in 4 day tribunal: secured unfair dismissal in a “blanket dismissal” case
Acted for R over 2 days: resisted claim for discrimination by disability association
Acted for C in 5 day tribunal: presented claim for unfair dismissal and discrimination by perceived sexual orientation and race
Acted for R: achieved 100% quantum reduction on Polkey and contributory fault
Acted for C in 3 day tribunal: secured decision of discrimination by sexuality
Acted for C: secured judgment of pregnancy discrimination in the context of a
redundancy situation for C requiring interpreter
Acted for C in 3 day tribunal: presented claim for detriment following a protected disclosure relating to asbestos exposure
Acted for C: judgment of sex harassment and constructive dismissal for vulnerable
OTHER RECENT WORK
Remedy hearings: represented well-known R company and secured very favourable outcome having established C’s failure to mitigate loss; acted for C in race discrimination claim; acted for C in unfair dismissal claim.
Preliminary hearings: resisted Cs’ application to add a director personally to proceedings (i.e. to “pierce the corporate veil”); established C was not disabled; resisted Cs’ applications for disclosure in hearing regarding employment status; applications for strike out and deposit orders.
Costs: secured order for costs at the maximum level allowed within the jurisdiction Judicial mediation: secured substantial settlement offer in case listed for 5 day hearing.
Negotiation: experienced in assisting negotiation prior to hearings commencing; effective at brokering favourable agreements at the beginning of or during hearings Drafting and advisory work: regularly drafted documentation to assist progression of litigation; frequently instructed to provide advice at various stages in litigation lifecycle.
Appeals: assisted more senior counsel for EAT hearing.
Seminars: delivered seminars, lectures and workshops on employment law matters.