Simon has a busy employment law practice. He frequently advises and represents claimants and respondents in a variety of areas, including:
- Unfair dismissal, including constructive dismissal
- Wrongful dismissal
- Redundancy situations
- All forms of actionable discrimination
- Protected disclosures (whistleblowing)
- Unauthorised deductions from wages
- Working time and holiday pay
- Breach of contract
He has also appeared in discrimination and harassment claims brought in the ordinary courts and he benefits from his experience of having prosecuted and defended criminal trials under the Protection from Harassment Act 1997.
Simon is often instructed in cases involving NHS Trusts, healthcare providers, schools, local authorities and police constabularies and has appeared in the Employment Appeal Tribunal and employment tribunals across the country. In a visit to the EAT, HHJ Hand QC remarked on Simon’s “penetrating and thoughtful analysis” and his “helpful presentation”.
Recent cases have included:
- A preliminary hearing on the issue of territorial jurisdiction
- Claims for unfair dismissal and trade union discrimination
- A claim for race and religious discrimination and harassment, involving arguments over ACAS early conciliation time limits
- A claim for unfair dismissal and pregnancy and maternity discrimination, with arguments over the claimant’s employment status
- A claim for automatic unfair dismissal arising out of redundancy during maternity leave
- Advising as to the quantum of an employee’s complaints of disability discrimination, including compensation for personal injury
- Advising on a claim for a discretionary bonus payment following dismissal
- Advising on issues relating to variation of contract
Mears Group Plc v Vassall (2013) – when time starts to run for a complaint of failure to make reasonable adjustments; whether Tribunal’s decision not to adjourn the final hearing was perverse.
Stroud Rugby Football Club v Monkman (2013) – whether the Tribunal erred in calculating the award for compensation; whether an employer is under a duty to consider ‘bumping’ in a redundancy situation.
Roberts v Governing Body of Whitecross School  All ER (D) 233 (Jun) – whether anticipatory breach of paragraph 9.1 of Section 4 of the ‘Burgundy Book’ was a fundamental breach of contract.
Simon provides training to solicitors and HR professionals in both in-house and open seminars. Talks in recent years have been on the following topics:
- Remedies in discrimination cases
- Part-time workers, fixed-term employees and agency workers
- Capability (ill health) dismissals
- Employment status
- Sick pay and holiday pay
T: 0117 311 0310