Albion Chambers

Contact

Bristol

Broad Street

BS1 1DR

Taunton

29 Park Street

TA1 4DG

0117 927 2144

clerks@albionchambers.co.uk

Welcome to Albion Chambers

Albion Chambers was established over 100 years ago and has an excellent reputation across the Western Circuit for integrity, approachability and the highest quality of advice and advocacy.

Chambers is led by Adam Vaitilingam QC and has 74 barristers including three Queen’s Counsel. There are two door tenants, both of whom are Queen’s Counsel.

Expertise

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Workers, Elephants, Bikes, and the Semi-Detached Barrister

Mr R. Somerville v. (1) Medical Practitioners Tribunal Service (2) Nursing and Midwifery Council Case Number: 2413617/2018.

 

Overview

An employment tribunal has ruled that Robin Somerville, a Barrister who sits as a tribunal chair for the Nursing and Midwifery Council (NMC), is a ‘worker’ rather than an independent contractor and therefore entitled to holiday pay.

3 Things Criminal Cases Can Teach Us About Employment Tribunal Advocacy

“Your client sounds like a bit of a wrong ‘un.”
 
Bank customer service staff. To my mortgage adviser.
 
About me.
 
When I’d called from Trowbridge County Court (in the days when it was actually in Trowbridge) to say I was very sorry but I couldn’t make my appointment as I was stuck in court, it just didn’t occur to me to explain I was phoning from a civil court.
 
Or that I wasn’t on trial myself...
 

They’ve Got a Ticket to Ride… but do they care? Employment Status in the Supreme Court

The return of recreational cricket has been an interesting experience for me and many others. It allowed me to go back to giving people the finger in public (as an umpire). Accompanying cricket’s return is complex and exacting guidance for sanitisation breaks, social distancing in the field and regular ball sanitisation. As with all lawyers, the chance to use difficult rules to try and ruin everyone’s day is, of course, one I relish(!)
 

Police Disciplinary Proceedings – 2020, A Time of Real Change?

On 1 February 2020 a new raft of Police Misconduct Measures came into being. They are extensive and have created a multitude of changes to the regime. The complexion of the misconduct regime has changed dramatically. There is a greater emphasis on stricter time limits and the chair taking much more of a ‘case management’ role pre hearing.
 
This article can do no more than highlight just some of the main alterations, to act as a sign-post, as it were.
 
To assist the reader, at the foot of this e-bulletin, a list of Regulations and Guidance is provided.
 

Inquiry into the Coroner Service

Reforms to the Coroner Service were introduced by the Coroners & Justice Act 2009. In 2015 the Ministry of Justice reviewed the Act’s effectiveness. That review has never been published. And so, at the start of July 2020, the Justice Select Committee announced an inquiry into the Coroner Service. The Chair of the Committee, Sir Bob Neill MP said the following:
 

Combined claims of unfair dismissal and discrimination arising from disability

In the case of O’Brien v Bolton St Catherine’s Academy [2017] EWCA Civ 145, the Court of Appeal (Underhill LJ) upheld an Employment Tribunal’s Judgment that a dismissal found to be disproportionate and therefore unlawful under s15 EqA was necessarily unreasonable under s98(4) ERA. Underhill LJ went on to observe that it would be undesirable for the two tests to require the application of two different standards.

Is the opposite true?

Re T (A Child: Refusal of Adoption Order) 2020 EWCA Civ 797

This is a very unusual case where the maternal grandmother sought an adoption order to replace a special guardianship order made in 2017, in respect of her young grandson.

Fraudulent Furloughs, Dobbing-In Dismissals: A Guide to Interim Relief in the Employment Tribunals

Reading List
Taplin v C Shippam Limited [1978] IRLR 450 (EAT)
Parkins v Sodexho Ltd [2002] IRLR 109
London City Airport Ltd v Chacko [2013] IRLR 610 (EAT)
Raja v Secretary of State for Justice [2010] UKEAT/0364/09/1502
 
The Issue
We are beyond the honeymoon stage. Just a couple of months ago the furlough scheme and all it offered seemed, if not the cure, then a soporific balm to our current economic and workforce woes.
 

Modifying Mostyn’s Methodology – Improving the drafting of Criminal Restraining Orders

Pupils at Albion Chambers are, almost uniquely, still required to undertake a mixed common law practice. Years ago this would have been commonplace at the Bar, but more recently the norm has been for pupils to specialise in a given area of law from the outset. I trained in both Family and Criminal law (amongst other areas!), before refining my practice in recent years. In doing so, I bucked a trend for junior tenants to give up crime in favour of family and did the opposite.

Employment Status: Varnish, Velodromes and Vento, the Second Lap or perhaps a Change of Gear?

For those of you that read it, you may recall my previous e-bulletin of the same name addressing the case of Ms J Varnish v British Cycling Federation t/a British Cycling & United Kingdom Sports Council t/a UK Sport Case No. 2404219/2017. In that e-bulletin I mentioned that it was unclear whether the decision would be appealed and concluded with ‘Where will this lead us? Well, that’s a topic for a future e-bulletin’…
 

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