In the Employment Appeal Tribunal

• Remploy Ltd. v. Lowen-Bulger UKEATPA/0103/18/RN – HHJ Eady QC considered the law in respect of Witness Attendance Orders to determine whether an Employment Tribunal had erred in refusing an order made two weeks before the start of a seven-day hearing.
• Stewart v. Barnwood Construction Limited UKEAT/0425/14/MC – HHJ Kerr considered an appeal which raised questions of perversity, and commented on how “skilfully” Nicholas developed his submissions.
• Afolabi v. London Borough of Barking & Dagenham UKEAT/0309/14/JOJ – HHJ Clark accepted Nicholas’ submission that the question raised in the appeal was the subject of conflicting authorities of the Employment Appeal Tribunal.
• Partners in the Cornerstone Practice v. Mrs Crockford UKEAT/0370/13/SM –HHJ Slade permitted the appeal brought by Nicholas to reverse a finding of unfair dismissal on the ground that the outcome was perverse.
• Gwara v. Mid Essex Primary Care Trust [2013] ALL ER (D) –HHJ Richardson allowed an appeal against an award of costs, and accepted Nicholas’ submission that the Claimant had not been afforded a reasonable opportunity to make submissions against an order for costs.
• Five Elms Medical Practice v. Hayes & Tilley UKEAT/0345/12/KN – HHJ Clark refused an appeal against the finding of constructive unfair dismissal, which Nicholas had succeeded in establishing before the original Employment Tribunal.

In Employment Tribunals

• Daly & Green v. The Contact Company – Acted for the successful Claimants to amend their claims, to represent them during the Employment Tribunal hearing to prove that a so-called employment agency had in fact been the Claimants’ employer.
• Westray v. Sterling Press Ltd – Acted for the successful Claimant to establish an unfair dismissal, and to obtain an uplift for breaches of the ACAS Code of Conduct.
• H v. The Secretary of State – Represented the Claimant at a four day discrimination hearing, and succeeded in obtaining a very positive settlement from the Respondent on the final day of the hearing.
• Terry v. Arla Foods Ltd. – Acted for the successful Claimant to amend her claim, to represent her in the six day Tribunal hearing, and to secure a finding of unlawful harassment on the ground of transgender discrimination. He also obtained a costs order against the Respondent.
• Daniel & Others v. All Security Limited – Acted for three Claimants to succeed in claims for victimisation, and unfair dismissal.
• Carrington v. Sanofi Ltd – Acted for the Claimant against a major pharmaceuticals company to bring claims of whistle-blowing and constructive unfair dismissal in a five day hearing against a leading employment silk.
• Hayes & Tilley v. Five Elms Medical Practice – Acted for the Claimants in a three day hearing to succeed in a claim for constructive unfair dismissal resulting in a substantial award of damages.