Elizabeth Hodgetts

Call 1998

Elizabeth Hodgetts

Introduction

Elizabeth has a busy practice, both representing and advising; she regularly undertakes high value cases and represents in multi-week hearings. Her practice includes:

  • Discrimination claims, with extensive experience running and defending discrimination claims citing the protected characteristics of age, disability, pregnancy & maternity, race, religion, and sex
  • Protected disclosure claims, relying on detriments and/or dismissal including constructive dismissal
  • Equal pay claims, including equal value claims
  • 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/National Living Wage claims; including in relation to the category of worker, the basic hours of work, and the hours deemed to be worked
  • Working Time Regulations claims; particularly holiday pay claims
  • High value unfair dismissal and wrongful dismissal claims; including constructive dismissal claims
  • Significant redundancy and collective consultation disputes including s. 189 TULRCA claims

She has a significant amount of public sector respondent work, including on behalf of Government bodies as a member of the Attorney General’s panel of Counsel, local authorities, NHS Trusts, universities, and school governing bodies.

Her recent Employment Tribunal work includes:

  • Olivia Haigh v Department for Work & Pensions: advising and representing a government department in a 2 week hearing defending complaints of disability discrimination and harassment related to disability;
  • Janette Parsons v (1) Birmingham City Council (2) Birmingham Children’s Trust: advising and representing a local authority in a 3 week hearing defending complaints of direct discrimination and harassment citing age, disability and sex; victimisation; and detriments on ground of protected disclosures;
  • Advising and representing a local authority defending complaints of disability discrimination, race discrimination, victimisation and unfair dismissal (part-heard);
  • Advising and representing a local authority defending complaints of race discrimination, victimisation and unfair dismissal (part-heard);
  • Advising and representing a government agency defending a claim for equal pay;
  • Advising and representing a blue chip company defending complaints of race discrimination, victimisation and constructive unfair dismissal;
  • Advising and representing a government department defending claims brought by a claimant against multiple parties including universities, NHS Trusts and others, of direct discrimination citing various protected characteristics and detriments on the ground of protected disclosures, arising out of the claimant’s non-admission to various courses;
  • Advising and representing a government department defending a claim for survivor pension rights.

Where appropriate, cases are anonymised to preserve client confidentiality

Employment Appeal Tribunal

Elizabeth’s more recent cases in the Employment Appeal Tribunal are:

  • Fakhura Nissa v Waverley Education Foundation UKEAT/0685/17: the existence of a disability
  • Nyathi v Secretary of State for Justice UKEAT/0465/17: the duty of the ET to make reasonable adjustments
  • Birmingham City Council v Udemma Lawrence UKEAT/1082/16: the correct approach to applying s. 15 EA 2010 and s. 20 EA 2010

Employment in the High Court

Elizabeth advises and represents in employment-related litigation in the High Court, including wrongful dismissal claims, restrictive covenant claims including cases in which injunctive relief is sought, and other breach of employment contract claims. She also advises and represents in industrial action disputes, including cases involving applications for injunctions. Her recent work includes:

 

  • Representing a claimant company in claim in High Court for injunctive relief & damages arising out of breaches of restrictive covenants by 3 employees post-termination. Issues include enforceability of covenants and whether they had been discharged through repudiatory breach;
  • Advising and representing a local authority defending group action brought by employees for breach of contract arising out of alleged failure to implement the terms of job evaluation scheme. Issues include whether claims were validly compromised under earlier equal pay settlements and if not, whether the scheme was incorporated into the contracts of employment;
  • Advising and representing a government department defending group action brought by employees for breach of contract arising out of alleged failure to implement the terms of job evaluation scheme;
  • Advising a local authority as to an urgent application for an injunction to prevent strike action.

Education

University of Oxford (Mansfield College) : BA Hons, Exhibitioner, MA
Harmsworth Scholar and Exhibitioner of Middle Temple

Appointments and Memberships

Attorney General’s Panel of Regional Counsel: appointed 2012; reappointed 2018 (‘A’ Panel)

Testimonials

"An excellent advocate who is businesslike and responsive." Legal 500
"She always impresses with her exceptional client care, the standard of work and her outstanding knowledge of her subject areas." Chambers UK
"An impressive and inspiring advocate." Chambers UK
"A formidable cross-examiner with a razor-sharp mind." Legal 500
"Knowledgeable advocate." Chambers UK
"She's very thorough; an extremely intellectual individual who provides advice in a very practical fashion instead of just stating the law." Chambers UK
"She is intellectually savvy and very clued-up - there was never an issue which she could not unravel and simplify." and "Very good with witnesses and she can deal with them across different levels of understanding. She also cross-examines very well.” Chambers UK
"She has extremely good advocacy skills and a good level of expertise in public sector work, and is able to build a strong rapport with all of our clients." Chambers UK
"A ferocious litigator with many a fan amongst instructing solicitors due to her no-nonsense approach and extensive knowledge of respondent employment law litigation." Chambers UK
"Highly rated with a large amount of public sector respondent work." Chambers UK
"Forthright, meticulous and attentive, she is well known for getting the job done." Chambers UK