Richard is the Head of Albion’s Employment and Professional Disciplinary Team. He is recommended in the Legal 500 2011, 2012, 2013, 2014, 2015 and 2016 being described as ‘firm in cross-examination and persuasive in his submissions’ and ‘recommended for all stages of employment litigation’.
Richard has a thriving practice across the UK, being instructed in matters of the upmost sensitivity and severity in both employment and professional disciplinary matters. Clients are always impressed with his mastery of the papers, his down-to-earth advice and his exemplary advocacy. For many clients Richard is their go-to barrister and his results underline the reason why.
Richard’s employment caseload is evenly split between Respondent and Claimant work. He accepts employment instructions under the Public Access Scheme. Clients will often consult Richard at an early stage, ensuring that those important tactical decisions, that can make or break a case, are only taken after receiving his expert advice.
Richard accepts instructions to undertake:
- trial and pre-trial Employment Tribunal advocacy;
- appellate work in the Employment Appeals Tribunal and Court of Appeal;
- internal disciplinary, grievance and appeals;
- disciplinary and grievance investigations;
- case merits assessment and advice.
Employment cases of interest:
Turner v PAT (2017) - an appeal to the Police Appeals Tribunal concerning the scope of Salter and its application to other forms of non-dishonest gross misconduct;
Howells v Breaksea Residential Home Ltd (2017) – Richard acted for the Respondent nursing home in the claim heard at Cardiff Employment Tribunal. The claim centred on the status of a nursing employee after a period of absence where her role had changed significantly during her absence;
K v Avon and Somerset Constabulary (2017) – represented the officer in a historic complaint of racism. The case was halted following Richard’s submissions on abuse of process;
James v Coull Ltd (2016) - acted for the Claimant in relation to a claim of unfair dismissal for reason of redundancy and unpaid high value share options;
Robson v ESG Skills Ltd (2016) - a case in Newcastle Employment Tribunal founded upon associative disability discrimination related to the long term illness of the employee’s daughter;
T v Wiltshire Constabulary (2016) – instructed by the Police Federation in relation to allegations against an officer relating to his use of social media and his interest in alternative adult genres;
Stearn v Cornwall Fire and Rescue Service (2016) – Richard was instructed on behalf of the Respondent at Truro Employment Tribunal in relation to a Part-Time Worker's discrimination claim based upon a particular interpretation of the Grey Book;
F v Avon and Somerset Constabulary (2016) – a case concerning the use and speed of use of a taser in volatile and fast moving circumstances, analysis of training methods and appropriateness of alternative restraint techniques featured as part of the case;
C v Ofsted (2016) – instructed on behalf of a nursery in relation to allegations of inadequate safeguarding of children;
W (2016) – represented a surgeon in a disciplinary process concerning allegations of using inappropriate and outdated surgical techniques;
PR v National Nursing and Midwifery Council (2016) - instructed to advise a care home director in relation to a referral made to the NMC by the Care and Social Services Inspectorate Wales;
Davison v Cotswold Outdoor (2016) - represented the Respondent in a claim brought against them at Leeds Employment Tribuanl by a store manager dismissed for allegations of failure to follow standard operating procedures resulting in cash going missing;
C v Dorset Constabulary (2016) - the case related to a police officer's alleged misuse of in-force computer systems and whether, if proved, the misuse amounted to gross misconduct necessitating the officer's dismissal from the constabulary;
Allison v Ministry of Defence (2016) - represented the claimant, a government scientist, who complained that she had been professionally excluded and marginalised following her diagnosis of a mental illness;
Efthymiou v Ministry of Defence (2015) – the case concerned the employment status of a purported contractor, working long-term at a military base. The question for the tribunal was whether a ‘contractor’, if deemed to be an employee, could TUPE transfer on a contracting-out basis, despite the ‘illegality’ of such an employment status under the Constitutional Reform and Governance Act 2010;
James v Gloucestershire Fire and Rescue (2015) – acted for the Respondent resisting a claim of race discrimination, based on the covert recording of colleagues’ conversations.
Reported Employment Law Cases:
Jackson Lloyds Ltd and Mears Group PLC v Smith and Ors  UKEAT/0127/13/LA – an EAT challenge to the Liverpool ET’s findings that a TUPE transfer could take place where the multifactorial Spijkers approach indicated a transfer to a Transferee other that the purchaser or 100% shares of Transferor;
Mrs R M Bennett v Cornwall County Council  UKEAT/0207/08/DA –consideration of a ‘knock out’ point as per Glennie v Independent Magazines (UK) Ltd.
T: 0117 311 0310