Elizabeth Hodgetts

Described in the legal directories as having “a razor-sharp mind” with “formidable” cross-examination skills, an “outstanding” knowledge of employment law, and “exceptional” client care, Elizabeth is a sought-after advocate for high value and complex Employment Tribunal cases. She has extensive public sector work, including work on behalf of Government departments & agencies as a member of the Attorney General’s Panel of Counsel (“A” panel), and on behalf of local authorities, NHS Trusts, and educational institutions. She also undertakes work for private sector clients, and welcomes instructions from claimants.

Elizabeth has extensive experience of advising and representing in:

• Discrimination claims, citing the protected characteristics of age, disability, gender reassignment, pregnancy & maternity, race, religion, sex, and sexual orientation.

Her recent cases include:

• advising and representing a local authority in a 13 day hearing defending complaints of disability discrimination, race discrimination, victimisation and unfair dismissal;
• advising and representing a respondent company in a 7 day hearing defending complaints of race discrimination, race-related harassment, victimisation and constructive unfair dismissal;
• advising and representing the Secretary of State defending a claim for age and sexual orientation discrimination arising out of the refusal to pay a survivor’s pension to the same-sex partner of a former local authority employee

Her previous cases include:

• advising and representing a local authority in a 4 week hearing defending complaints of direct race discrimination, victimisation and unfair dismissal, brought by an individual who had previously successfully claimed race discrimination and victimisation against the same employer and who claimed that his subsequent dismissal, some years later, was part of the same sequence of events
• advising and representing a university in a 6 week hearing defending complaints of direct disability, race, and sex discrimination, harassment, and victimisation, and unfair dismissal, arising from the response of the university to the conduct of an individual with a significant mental health condition

• Equal pay claims.

Her recent cases include:

• advising and representing a government agency defending a claim for equal pay

• Protected disclosure (“whistleblowing”) claims, relying on detriments and/or dismissal including constructive dismissal.

Her current cases include:

• advising and representing a local authority defending a claim for detriments on the ground of PDs, in which the claimant has asserted more than 30 PDs and 14 (ongoing) detriments

Her previous cases include:

• advising and representing a local authority in a 3 week hearing defending complaints of detriments on the ground of protected disclosures as well as complaints of direct discrimination and harassment citing age, disability and sex, and victimisation
• advising and representing a claimant claiming detriments on the ground of PDs, resulting in a very significant 6 figure settlement and agreed termination of employment

• Trade union detriment claims.

Her current cases include:

• advising and representing in an appeal relating to a trade union detriment claim

• Protective award claims.

Her previous cases include:

• acting as junior Counsel in a case on behalf of a local authority defending protective award and unfair dismissal claims pursued by 4 trade unions on behalf of some 1000 employees following dismissal and re-engagement on new terms and conditions
• advising and representing a group of employees seeking a protective award and pursuing additional claims of unfair dismissal and sex discrimination

• TUPE transfers and consequent disputes including in relation to the existence of a relevant transfer, assignment, changes to terms and conditions, and dismissals

• National Minimum Wage claims; including in relation to the category of worker, the basic hours of work, and the hours deemed to be worked

Employment Appeal Tribunal

Elizabeth’s cases in the Employment Appeal Tribunal include:

• Fakhura Nissa v Waverley Education FoundationUKEAT/0685/17: concerning the point at which there was a disability, where a tentative diagnosis of fibromyalgia had been made a few months after the onset of symptoms

• Nyathi v Secretary of State for JusticeUKEAT/0465/17: concerning the duty of the ET to make reasonable adjustments for a claimant with a mental health condition

• Birmingham City Council v Udemma Lawrence UKEAT/1082/16: concerning the need for the ET, in applying s. 15 EA 2010 and s. 20 EA 2010, fairly to evaluate the employer’s position as to objective justification and reasonableness, and to weigh that in the balance with the disadvantage to the claimant

• Newage Transmission Ltd v Transport & General Workers Union UKEAT/0131/05: concerning whether the amendment to s. 189(4) TULRCA 1992 effected by the 1999 Regulations was ultra vires, and the proper approach to the assessment of the protective award