Chambers Blog

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.

  Ruth Manning of New Walk Chambers, Leicester, was called to the Bar in 1993 and has completed the Public Access training course and is registered with the Bar Council to advise and act directly on behalf of the public without the need for them to instruct a solicitor or intermediary. The obvious benefit of this is that it saves costs whilst providing an excellent standard of service to those who instruct her.

Ruth has enjoyed a varied legal background in both the public and private sector and works as a part-time tutor at the College of Law. She is an experienced barrister in the following areas.

Commercial Law:-Breach of contract, building disputes, sale of goods, personal injury, public liability, consumer credit agreements.

Education Law:- she has worked extensively for LEA's on Education and Exclusion Appeals. Ruth can draw on such experience to advise and assist parents who find themselves involved in appeals against unfavourable decisions in respect of school places and school exclusions.

Family Law proceedings :- matters involving Children Act 1989 proceedings, injunctions and occupation orders under Family Law Act 1996, and financial settlements (ancillary relief) under the Matrimonial Causes Act 1973.

Immigration Law:- Appeal in the Immigration courts regarding asylum claims, visa  appeals and deportation appeals.

Ruth is available to advise in writing, in conference, to assist with drafting letters  and forms for clients to send both before and during legal proceedings, to assist with drafting pleadings and to provide representation and advocacy at court hearings.

 New Walk Chamber's clerks are available to assist with the agreement of fees and dealing with initial instructions.

They can be contacted by e-mail: clerks@newwalkchambers.co.uk. Telephone 0116 255 9144.

The Bar Council web site, http://www.barcouncil.org.uk/  provides useful guidance for the lay client on public access to barristers.

Written by Ruth Manning, Barrister at New Walk Chambers, specialising in Direct Access.

Direct Public Access to the services of a barrister has been available to the general public since 2004; however only those barristers that are beyond thee years of call, have undertaken specific training and are registered with the Bar Council are eligible to provide such services.

 Since 2004 there has been a steady increase in the number of Direct Access instructions and in the number of barristers offering their services on a Direct Access basis. Due to the continued success of the Direct Access scheme a dedicated Public Access Bar Association was launched in 2007, and more recently an associated website has been launched which provides useful information to the general public and Direct Access barristers alike.

 Written by Karl Prosser, Barrister at New Walk Chambers, specialising in Civil Law.