Statutory Employment Law

Since joining 42BR, Lucas has represented a wide variety of employers, ranging from NHS Trusts, local authorities, large supermarkets, banks, international airlines, luxury fashion houses, large corporations, SMEs and many more. Lucas has also represented individuals (including senior executives) working in sectors such as healthcare, finance, energy, hospitality, retail, professional services 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, the Fixed-Term Regulations 2002 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 Respondents and Claimants in interim relief hearings, including in whistleblowing claims involving alleged breaches of the FCA Handbook and the Anti-Money Laundering regulations.
• Advising a senior executive in resisting a complex costs application (value in excess of £300,000) following their decision to withdraw an ET claim against an individual Respondent after reaching a commercial settlement with the employer.
• Successfully defended a bank in a two-day unfair dismissal trial in Watford ET. The Claimant had requested to work overseas, which the bank allowed him to do so for a limited period. The Claimant refused to return to the UK and wanted to continue working remotely overseas despite the bank making clear that they could not allow him to do so due to tax and immigration issues. After refusing to take a mix of annual leave and unpaid leave (to continue staying overseas for an extended period of time), the bank dismissed the Claimant with immediate effect. Lucas persuaded the Tribunal that the dismissal was fair (due to some other substantial reason) and that despite there being initial defects in the process, any procedural irregularities were rectified on appeal.
• Successfully defended an NHS Trust in a two-day wrongful dismissal trial in East London ET. The Claimant attempted to argue that the Trust’s probationary policy was contractually binding and that the Trust was in breach of contract when it dismissed the Claimant for failing her probationary period. Although the Tribunal held that parts of the probationary policy were apt for incorporation, it ultimately concluded that the dismissal was not in breach of contract as the Trust followed the probationary policy’s procedure for dismissing employees.
• Represented a Respondent in a four-day discriminatory dismissal (discrimination arising from disability) and disability/sexual orientation harassment trial at London South Employment Tribunal. The Tribunal dismissed all claims against the Respondent, concluding that the dismissal was a proportionate means of achieving a legitimate aim and that the allegations of harassment were out of time.
• Represented a Respondent in a two-day ordinary unfair dismissal trial in London Central Employment Tribunal involving issues of contributory fault. After successfully resisting a flurry of last-minute applications (including an application for anonymity and an application to amend where the Claimant sought to add a discrimination claim), Lucas persuaded the Tribunal that the Claimant was fairly dismissed and that it was within the band of reasonable responses to dismiss the Claimant without a disciplinary hearing, given the severity of the misconduct.
• 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.
• 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.

Independent Investigations

Lucas is developing an investigations practice at the Bar. He has recently carried out a complex disciplinary investigation for an employer concerning allegations of financial mismanagement.

Due to Lucas’ expertise as an employment barrister and his extensive experience in representing Claimants and Respondents, he can provide an independent, robust, fair and cost-effective investigation wherever it is considered appropriate for an employer to engage an external investigator.

Lucas welcomes instructions regarding disciplinary, grievance and similar investigations for employers.

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.