Paul Wilson

Call 1989

Paul Wilson

Introduction

An Employment Law Barrister with over 20 years’ experience representing employees and employers in Employment Tribunals across the UK and in appeal cases in the EAT and above.  Regularly recommended as a leading barrister in employment law in the Legal 500 and Chambers & Partners Directories.

Some notable recent cases in the Employment Tribunals:

  • M Ali v Capita Customer Management (2017) Leeds ET – direct sex discrimination/failure to pay male carer the same as a female on maternity leave.
  • S Raj v Capita Business Services (2018) Leeds ET – sexual harassment – conduct not related to sex.

Notable Appeal Cases

  • Jet2.com v Mr J Denby [2018] IRLR 417 (EAT) – Section 137 TULR(C)A 1992 – scope of provision making it unlawful to refuse employment on the grounds of previous trade union activities.
  • Graham v Agilitas IT Solutions Ltd [2017] UKEAT 0212_17_1210 Section 110A ERA 1996 – protected conversations, waiver of privilege.
  • Outasight V.B. Ltd v Brown [2015] ICR D11 (EAT) – Reconsideration of ET decision under rule 70 of ET rules. Effect of change of rules compared to previous rule 34(3).
  • Palmer v Royal Bank of Scotland [2014] ICR 188 (EAT) – Age discrimination: voluntary early retirement, effect of Equality Act (Age Exceptions for Pension Schemes) Order 2010.
  • Keith Mason v Huddersfield Giants [2014] EWHC 2869(QB) – Wrongful dismissal: misuse of social media and repudiatory breach of contract.
  • Thomas Cook Airline Services Ltd v Wolstenholme (as personal representative of Wolstenholme)[2013] All ER (D) 35 (Mar), EAT Withdrawal of claim and dismissal of application for order for dismissal. Issue estoppel. Effect of dismissal of application on Respondent’sposition in new proceedings in High Court.
  • Capita Hartshead v Byard [2012] IRLR 814 (EAT) – guidelines on the choice of pool for redundancy.
  • Barlow v Stone [2012] IRLR 98, (EAT) – whether an employee can be liable in a stand-alone claim for victimisation.
  • Kirklees Metropolitan Council v Radecki [2009] IRLR 555, (Court of Appeal) – meaning of “effective date of termination” under Employment Rights Act 1996.
  • Giannelli v Edmund Bell & Co Ltd [2005] All ER (D) 29 (Sep), (EAT) whether a commercial agent can be a “worker”.
  • Brand v Compro Computer Services Ltd [2003] All ER (D) 185 (Sep), (EAT) – interpretation of contractual terms: lawfulness of provisions denying entitlement to earned commission post-termination.
  • Conoco v Booth [2001] All ER (D) 140 (Mar), (EAT) – DDA 1995 – reasonable adjustments – extent of duty to find an alternative role.

Employment

Advising and acting on behalf of individual Claimants and Respondents of all sizes, from small businesses to public authorities, NHS Health Trusts  and major PLCs. Deals with the full range of Employment Law issues including Unfair Dismissal, Whistleblowing, TUPE and Collective Consultation and all strands of Unlawful Discrimination at Work.

Has acted on behalf of local authorities for over 10 years and has been regularly instructed to deal with complex discrimination claims in thisfield.

Work carried out:

Employment Tribunals & Employment Law Rights

  • Advising employees and employers on employment law rights and workplace disputes
  • Drafting and reviewing policies and procedures
  • Advice and Representation in Employment Tribunal Litigation throughout England and Wales
  • Advice and Representation on Employment Appeals to the Employment Appeal Tribunal and Court of Appeal
  • Advise and Representation in Employment Tribunal Litigation in Scotland and Northern Ireland
  • Employee/Executive Termination and Settlement Agreements

Employment Law Disputes in the Civil Courts:

Advice and representation in relation to Employment Law disputes in the Civil Courts including:

  • Applications for injunctive relief to enforce post-termination restrictive covenants
  • Wrongful dismissal claims

Related work: 

  • Commercial Agents and the Commercial Agents (Council Directive) Regulations 1993 – including the quantification of compensation under the Regulations

Appointments and Memberships

Employment Law Bar Association
Employment Lawyers’ Association
Industrial Law Society

Testimonials

"He is extremely approachable, giving clients and myself confidence in his abilities. I know that I will never go to a hearing without merit and there are never any unwanted surprises. He is thorough and clear.” Chambers UK
“He gives very clear advice, clients like him and he’s a good all-round advocate.” Chambers UK
“He has a real grasp of employment law and its application, and is tactically very astute.” Chambers UK
"Experienced across a purview of matters” Legal 500
"Very personable and quick to put clients at ease.” Legal 500
"A diligent and well-prepared advocate, who gets to grips with cases quickly.” Legal 500
“He has a good manner with clients, who warm to his careful and incisive approach.” Legal 500
"Excellent attention to detail.” Legal 500
“A highly effective advocate who provides clear and accurate advice.” Legal 500
“(He) is a good all-rounder for employment law cases.” Legal 500