Statutory Employment Law

Since joining 42BR, Lucas has represented a wide variety of employers in the local government, retail, hospitality, manufacturing, energy, education and social care sector. Lucas has also represented individuals working in sectors such as central government, healthcare, finance, energy, hospitality, manufacturing and higher education.

Lucas maintains a very busy courtroom and advisory practice as an employment barrister, regularly representing Claimants and Respondents in preliminary hearings, judicial mediations and final merits hearings. In addition, Lucas regularly drafts pleadings and provides written advice to solicitors in complex statutory employment matters. In recent months, Lucas has drafted pleadings and advised clients on a wide variety of matters, such as indirect sex discrimination, pregnancy/maternity discrimination, constructive dismissal, failure to make reasonable adjustments, discrimination arising from disability, victimisation, whistleblowing and many more.

Lucas is also experienced in dealing with procedurally complex matters – such as anonymity, disclosure (including third-party disclosure), legal professional privilege and international jurisdiction.

Lucas has also appeared in the EAT on three separate occasions. Lucas has a strong interest in employment appeals and welcomes any instructions regarding EAT appeals.

Highlights include:

• Represented a Respondent in a judicial mediation and negotiated settlement at under 20% of the Claimant’s schedule of loss, with an agreement to waive unknown future claims (concerning a failure to make reasonable adjustments claim).
• Represented a Respondent in an ordinary unfair dismissal and disability discrimination claim. Lucas has advised the Respondent behind the scenes on difficult procedural matters, including successfully resisting the Claimant’s application to strike-out the Respondent’s response. Following a five-day trial in Bristol ET, Lucas succeeded in having all the disability discrimination claims dismissed. Although the Tribunal concluded that the dismissal was procedurally unfair, Lucas persuaded the Tribunal to make a Polkey reduction. This resulted in the Claimant being awarded under 8% of what she claimed in her schedule of loss.
• Representing a local authority in an unfair dismissal claim with a complex procedural history given the Claimant’s history of not complying with Tribunal orders and failing to actively pursue her claim. Lucas has represented the local authority in two preliminary hearings and has advised the local authority in ongoing procedural matters.
• Represented a Respondent in an Open Preliminary Hearing on the Claimant’s disabilities (endometriosis, fibromyalgia and stress/anxiety). Successfully resisted a last-minute application to adjourn after the Claimant refused to attend the hearing to be cross-examined. The ET proceeded in the Claimant’s absence, hearing submissions from the Claimant’s representative and the Respondent and attaching minimal weight to the Claimant’s Disability Impact Statement. Lucas successfully persuaded the Tribunal that the Claimant’s endometriosis and anxiety were not disabilities under the Equality Act. Although the Tribunal concluded that the fibromyalgia amounted to a disability at a certain point in time, the majority of the Claimant’s discrimination claims became struck out due to the Tribunal’s findings on disability.
• Advised a senior academic in an unfair dismissal, wrongful dismissal and sex/race discrimination claim after being dismissed due to findings of bullying and harassment. The claim was settled at a pre-action stage for a substantial amount, prior to the academic even contacting ACAS for Early Conciliation.
• Represented the appellant in Mireku v London Underground Limited [2025] EAT 57, an appeal concerning causation under the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000.
• Acted as junior counsel for a teacher in a 4-week disability discrimination, victimisation, wrongful dismissal and unfair dismissal claim against a Primary and Nursery School in Bury St Edmunds ET.
• Acted as junior counsel for Sun Mark Ltd (and individual Respondents, including Lord Rami Ranger) in a high value sex-discrimination and victimisation claim in Watford ET and the EAT (see R Kaur v Sun Mark Ltd [2024] EAT 41).
• Successfully acted unled for the appellant in Haziz Rahim v The Big Word [2023] EAT 171, an appeal concerning the ET’s decision to conclude that a discrimination claim was presented out of time without considering the Claimant’s application to amend.

Professional Disciplinary

Lucas has extensive experience in advising senior executives regulated by the SRA, ICAEW and the FCA facing allegations of misconduct. Lucas is very keen to develop a professional disciplinary practice at the independent Bar and welcomes instructions in this area.

Highlights:

• Advised a partner of a leading law firm facing an internal disciplinary investigation concerning allegations surrounding their honesty and integrity.
• Advised a CEO regulated by the FCA that faced an internal disciplinary investigation on misuse of confidential information during his gardening leave. Drafted witness statements for the purposes of disciplinary hearings, advised the client on the implications that the misconduct findings had on his regulatory status under the Senior Managers and Certification Regime. Secured compensation for the client pursuant to a settlement agreement after appealing the disciplinary outcome.
• Advised a barrister facing BSB disciplinary proceedings arising from allegations of dishonesty.