Richard is the Head of Albion’s Employment and Professional Disciplinary Team. For ten years he has been recommended in the Legal 500 for 'all stages of employment litigation' and is commended for his 'firm cross-examination and persuasive submissions'.
Richard's nationwide, respondent-centred practice is noted for his work in relation to local authorities, councils, care homes, schools and public bodies, being instructed in matters of the upmost sensitivity and severity in both employment and professional disciplinary matters. Clients are always impressed with his analysis of the papers, his down-to-earth advice and his direct, effective advocacy. For many clients Richard is their go-to barrister.
Richard accepts instructions to undertake:
- trial and pre-trial Employment Tribunal advocacy;
- case merits assessment and advisory work;
- disciplinary hearings under Police Misconduct Regulations;
- appellate work in the Employment Appeal Tribunal, Court of Appeal and the Supreme Court;
- appellate work in the Police Appeals Tribunal;
- internal disciplinary, grievance and appeals;
- disciplinary and grievance investigations.
Employment cases of interest:
Mattravers & others v Ian Williams Ltd (1) and R & M Williams Ltd (2) (2020) EAT – instructed on behalf of the successful Transferor in this leading Employment Appeal Tribunal judgment concerning the deliberate pre-organisation of a workforce, guarding against fragmentation, so as to take advantage of the TUPE regime;
D v C (2020) – application for interim relief following dismissal after employee raised concerns regarding furlough fraud;
Mervyn v BW Controls Ltd (2020) CoA – represented the Respondent in this Court of Appeal decision concerning the scope of appropriate EJ intervention in clarifying a Claimant’s claims, and keeping those claims under review. This case is awaiting permission to appeal to the Supreme Court;
C v IP (2020) – for the Respondent in this ET claim alleging age discrimination following an informal retirement of a long-serving groundskeeper of a stately home and country estate;
T v S. County Council & others (2019) – Richard appeared on behalf of the group of Respondents facing allegations of disability discrimination following the Claimant being disciplined following instances of insubordination and poor behaviour towards colleagues. All claims against the Respondents were unsuccessful;
Jenkins v Lonetree Ltd (2019) – the Claimant was dismissed for gross misconduct after a large sum of money went missing from the work’s safe. Initially there was no evidence incriminating the Claimant, however he began to act suspiciously on CCTV, ‘finding’ the cash in the office. He was dismissed on circumstantial evidence. Richard successfully represented the Respondent in this classic Burchell case;
Rapple v I Plc (2019) – application for strike out of the Claimant’s claim of unfair dismissal, his dismissal arising out of his bringing martial-arts weapons, including knives, throwing stars and nunchucksonto government premises;
C v H (2019) – Richard was instructed for the Respondent charity, a preliminary hearing was listed for a rule 37(1)(a) strike out application in relation to whistleblowing claims. The application was successful, relying on Cavendish Munroe (2010), the disclosures did not convey facts, merely unsubstantiated allegations;
McEachern v Gloucestershire Fire Service (2019) – acted on behalf of the Fire Service defending an ET s.15 disability discrimination and unfair dismissal claim, alleged to be related to her Asperger’s diagnosis. The Claimant’s claim was unsuccessful;
B v Avon and Somerset Constabulary (2018) – Richard represented the Officer in this highly-publicised case where the officer was accused of using unreasonable force in deploying her taser on a person, who turned out to be, the constabulary's former race-relations advisor. The Officer was cleared of all allegations of misconduct; BBC ITV The Guardian The Independent The Times
I v VL (2018) – instructed on behalf of the Applicant company in these High Court proceedings to secure an emergency, interim ‘Springboard injunction’, preventing a senior employee from using or disclosing confidential information to assist in setting up or supporting a fledgling rival company;
Afrah v Bristol City Council (2018) – acted on behalf of the City Council, Richard defended a claim brought by a former school TA, dismissed for gross misconduct. She claimed she had been discriminated against on the grounds of race and as a whistle-blower. The claims were dismissed;
Wilson v Gloucestershire City Council (2018) – represented the Council in this ET claim, where the Claimant, a very senior employee, submitted that he was not dismissed for SOSR but for redundancy, following a large structural reorganisation of the council. The Claimant also claimed the decision constituted age discrimination;
RR v NMC and Social Care Wales (2018) – Richard was instructed in twinned suspension proceedings to represent a senior nurse and manager after she was initially suspended following a malicious allegation. Both suspensions were lifted following Richard’s attendance at the hearings;
T v Avon and Somerset Constabulary (2018) – a Sergeant was accused of using unnecessary force on a detainee.; Richard relied on expert evidence from two psychiatrists to establish that the officer suffered from PTSD and suffered a dissociative episode, negating any culpability;
Oruzinsky v Omega Resource Group and Honda UK (2017) – Richard represented the first Respondent defending a nationality discrimination claim brought by the claimant. Unusually in the ET, Richard was successful in a ‘half-time submission’ halting the discrimination claims against the first Respondent;
Turner v PAT (2017) – an appeal to the Police Appeals Tribunal concerning the scope of Salter and its application to other forms of non-dishonest gross misconduct;
A v Gloucestershire Constabulary (2017) – Richard acted for the Officer in misconduct proceedings for attending horse-racing events whilst purportedly unwell. The proceedings explored the interrelationship between mental and physical illness and exacerbation of conditions by stressful workplace environments; BBC The Telegraph The Times
W (2016) – represented a surgeon in a disciplinary process concerning allegations of using inappropriate and outdated surgical techniques;
T v Wiltshire Constabulary(2016) – instructed by the Police Federation in relation to allegations against an officer relating to his use of social media and his interest in alternative adult genres;
Stearn v Cornwall Fire and Rescue Service (2016) – Richard represented the Respondent at Truro Employment Tribunal in relation to a Part-Time Worker's discrimination claim based upon a particular interpretation of the Grey Book;
Reported Employment Law Cases:
Mervyn v BW Controls Ltd [2020] EWCA Civ 393 (ET Case Management)
Mattravers & others v Ian Williams Ltd (1) and R & M Williams Ltd (2) [2020] EAT (TUPE)
Jackson Lloyds Ltd and Mears Group PLC v Smith & others [2014] UKEAT/0127/13/LA (TUPE)
Mrs R M Bennett v Cornwall County Council [2008] UKEAT/0207/08/DA (Knock out point for permission)
Clerk:
Nick Jeanes
E: nick.jeanes@albionchambers.co.uk
T: 0117 311 0307