Chambers Blog

Compromise agreements between employer and employee can be a means under which employer and employee can part company amicably. For example in a redundancy, the employee can achieve an   enhanced lump sum on leaving the employment and the employer by virtue of the agreement can be assured that he will not face a claim in the employment tribunal.

However to be valid the compromise agreement must be handled and certified by a qualified person. Barristers hold such qualification and under Direct Public Access are able to advise the employee concerned. Compromise agreements are thus important pieces of work which the employment team in Chambers carry out.

A member of the team Robert Rees has recently advised and certified a number of compromise agreements for employees under the Direct Public Access. In one case he was contacted on a Friday, saw the client on the Saturday, and the certified compromise agreement was immediately in the post.

The Direct Access team as well as having the necessary skill to advise on compromise agreements are able to advise on them with minimal delay.

Visit a new employment Direct Public Access website of Robert Rees:

employmentlaw.uk.com

 

By Robert Rees, part of Chambers employment law team. Certified to carry out work.

School appeals don't always go in the parents' favour.  One of our direct access barristers, Ian Jones, has recently received several requests for advice from parents who have represented themselves and lost their appeal.  Generally, the decision of the independent appeal panel is final and binding on parents and schools alike.  Only in rare circumstances can the result be set aside, either after pursuing a complaint to the Local Government Ombudsman or by an application for judicial review.  Otherwise, seeking legal advice after the hearing will be too late.

 

Ian Jones, direct access barrister specialising in school appeals and education law.

The number of school appeals seems to be on the rise this year.  Ian Jones, one of our direct access barristers, is receiving record numbers of enquiries from parents whose children have been refused entry to their chosen school.  Some parents want help with their written statement of case, while others choose full representation at the appeal hearing.  Anyone wanting further advice should visit Ian Jones' school appeals website.  Parents need to be quick, however: Ian is already taking bookings into September.

 

Ian Jones, Direct Access Barrister specialising in School Appeals and Education Law.

School appeals seem more popular than ever this year.  Only a week after launching his own school appeals website, barrister Ian Jones is receiving dozens of calls from anxious parents who have been refused a place for their child at their preferred school.  Ian says "I've been asked about everything from nursery admissions to judicial review, as well as lots of calls about primary and secondary school admission appeals."  Ian Jones is one of a growing number of barristers at New Walk Chambers who carry out work directly for members of the public under the direct access scheme.  The direct access barristers at New Walk Chambers are: Robert Rees, Ruth Manning, Ian Jones, Simon Reed and Karl Prosser.

 

Written by Ian Jones, Barrister at New Walk Chambers specialising in school appeals and education law.

Chambers' employment barristers act and advise in all employment tribunal matters in Leicester, Nottingham, Birmingham and further afield including disability discrimination, holiday pay, breach of contract and unfair dismissal cases.

 Many employment tribunal claims concern constructive dismissal claims where an employee can resign because of an employers serious breach of contract towards him. In legal parlance he can accept the employer's repudiation of the contract. For this, the employee can rely upon the employer's breach the implied term in the contract of mutual trust and confidence. However employers should be alert to a defence they may have if the employee has first broken the employment contract. If so, the employee is not entitled to claim unfair constructive dismissal by claiming a repudiation by the employer because he has first destroyed the employment relationship. This happened in the recently reported case of RDF Media Group Plc V Clements [2008] IRLR 207 in fact a High Court case, which of course New Walk Chambers employment barrister cover as well.

 There Mr Clements had agreed a 3 - year non-competitive agreement with his employers RDF Media Group which he wished to get out of. The agreement provided that the 3 year period would be reduced to 2 years if the employers unlawfully dismissed him. Clements alleged that the employers had breached the implied term of trust and confidence by inter alia going to the the press with unflattering remarks (that Mr Clements was a "phenomenal egomaniac" and other information. The High Court held that the employer had indeed overstepped the mark by going to the press [other comments made internally that Mr Clements was "a bit dim" did not breach the term] and these were in breach of contract as being a serious attack on his character. However Mr Clements could not rely on the employer's breaches because he himself had been earlier in breach of contract by contacting a competitor of the employer and disclosing confidential information: Mr Clements himself had been disloyal and in breach of his own duty of fidelity.

The result was that Mr Clements had not been unlawfully dismissed by the employer and thus was bound by the full 3 year period of his non-competition agreement with the employer.

Wait for the new direct public access employment barrister's website which will be out soon. New Walk Chambers employment barristers as well as offering their services for employment tribunal claims can now in certain cases offer their services direct to the public.

This applies to employment tribunal claims for both Claimants and Respondents in all areas of employment law.

Written by Robert Rees, Barrister at New Walk Chambers, specialising in Employment Law.