Andrew Stafford QC

One of the UK's most highly regarded experts in City and other employment issues, Andrew Stafford is described by legal directories as being giving "clear and effective advice, getting to grips with complex issues extremely quickly" and as 'calm in a crisis'.  He is rated by legal directory Chambers & Partners as one of the top fifteen silks specialising in employment law.
Praised for his 'lateral thinking' and his easy rapport with both clients and solicitors, Andrew has a wide breadth of experience in restrictive covenants, garden leave and bonuses. Bringing a fresh look to complex cases, Andrew's practice also stretches to encompass general commercial, professional negligence and mediation work.
He has been involved on a number of leading cases including BCCI v Malik, GMB v Allen, HISL v Tunnard and James v Redcats.  He also sits as an ET chairman and acts as a mediator.

Called to the Bar in 1980 and made Silk in 2000, Andrew writes and lectures extensively on legal issues and is an editor of Sweet & Maxwells' textbook on Transfer of Undertakings and has contributed to the TUPE encyclopedia. He is currently writing a major work on fiduciary duties as they relate to directors and employees.

PROFILE

Andrew Stafford QC has been involved in a significant number of landmark and high profile cases in the field of employment law. In addition, Andrew practices in the field of commercial litigation, especially in cases which concern fiduciary duties. He brings to his work both breadth of experience and depth of knowledge.
Praised for "getting to grips with complex issues extremely quickly and giving clear and effective advice", Andrew is also regarded as someone you go to "if you are looking for a new angle, a new way of going at something", as "a really good lateral thinker" and as "calm in a crisis".
The areas of employment law in which Andrew has specialist knowledge and experience include high value contractual disputes, fiduciary duties, search and seizure and freezing orders, covenants in restraint of trade, confidential information, TUPE, working time, strikes, equal pay, whistle-blowing, discrimination, garden leave, internal disciplinary hearings, unfair dismissal.
Andrew contributes to the development and dissemination of law as an author and lecturer. He is a co-editor and author of the Sweet & Maxwell's TUPE encyclopedia, the co-author of a textbook on fiduciary duties, and a member of the advisory board on Gore-Browne on Companies. He lectures widely on employment law and commercial law.
In addition, Andrew has a number of years experience as a mediator, specialising in employment related disputes.
Andrew's breadth of experience has enabled him to develop his skills, not only as a lawyer and advocate, but also as a "team player" able to establish an easy rapport with solicitors, clients, and expert witnesses.
Andrew is an enthusiastic and optimistic follower of the mixed fortunes of Newcastle United. More rationally, he enjoys art, literature and theatre.

CAREER DETAILS

Educated at Royal Grammar School, Newcastle-upon Tyne, and at Trinity Hall, Cambridge
Appointed part-time Employment Judge 2000
Qualified as mediator in 2000

PROFESSIONAL EXPERIENCE

Andrew acts for individuals and companies on the drafting and enforceability of covenants and garden leave clauses. Handling urgent applications for injunctive relief and working as part of a team preparing for a speedy trial represent a regular and significant part of his practice. Andrew regularly lectures on these topics and has appeared in a number of the leading cases, including Rock Refrigeration v Jones and Symbian v Christensen

Andrew advises on the impact of TUPE both in the context of contentious and non-contentious business. He appears regularly in cases in which the impact of TUPE is in issue. He is an editor and co-author of a major work devoted to TUPE, and lectures on this topic. Andrew was one of the advocates in ICI v Hagen, a major TUPE case in the High Court. Recently, Andrew appeared in the Court of Appeal in Balfour Beatty Networks v Wilcox. He regularly advises a major national chain on the impact of TUPE on its commercial acquisitions and disposals.

In HISL v Tunnard, Andrew recently appeared in the Court of Appeal in relation to a senior employee's fiduciary duties to his employer. He has also appeared and advised in a large number of cases involving directors’ duties. He is currently writing a major work on the fiduciary duties of employees and directors. His experience in this field has led to an expertise in company law, which is further reflected in Andrew's membership of the advisory board of Gore-Browne on Companies, one of the leading company law text books.

Both as a practitioner and as a part-time tribunal judge, Andrew has a wide experience of discrimination claims. He appeared in the EAT in the landmark case of GMB v Allen, and has acted in high profile cases concerning sexual orientation and whistle-blowing. City based discrimination cases have become a regular part of Andrew’s practice. Andrew is representing a local authority in a significant equal pay claim, and has acted for claimants in relation to a claim arising in the health service.

Another area of specialisation involving urgent applications for injunctive relief. Andrew regularly acts for a number of national companies in relation to industrial action, and was retained to act in the Gate Gourmet dispute on behalf of a major airline.

CONTRACTUAL DISPUTES

City bonus claims, claims of wrongful dismissal, and claims relating to breach of confidence form a major part of Andrew's practice. He appeared in the landmark case of Malik v BCCI

Andrew has appeared in a number of the most significant cases concerning working time, including Byrne Brothers v Baird, Redrow v Wright, James v Redcats, and Transocean v Russell.

Andrew has chaired major internal disciplinary hearings connected with the health service

The issues relating to confidential information arise frequently in Andrew's practice in connection with employees and directors, and also in relation to covenants in restraint of trade. He has great experience in search and seizure orders, freezing orders and springboard injunctions.

CASES

Malik v BCCI (House of Lords - contract of employment - implied term of trust & confidence)
Hagen v ICI (High Court - contractual duties - collective consultation - negligent misrepresentation - TUPE)
GMB v Allen (EAT - discrimination - trade union - equal pay)
Redrow v Wright (Court of Appeal - working time - employment status)
Byrne Brothers v Baird (EAT - working time - employment status)
Russell v Transocean (EAT - working time - European Law)
James v Redcats (EAT - working time)
Balfour Beatty v Wilcox (Court of Appeal - TUPE)
HISL v Tunnard (Court of Appeal - fiduciary duties - confidential information)
Symbian v Christensen (Court of Appeal - garden leave)
Brake Bros v Ungless (High Court - covenant in restraint of trade)
Rock Refrigeration v Jones (Court of Appeal - covenant in restraint of trade)
Brunel University v Vaseghi (Court of Appeal - disciplinary procedures - privilege)
University of Nottingham v Eyett (High Court - duty of trust and confidence)
Whitewater v Barnes (EAT - TUPE)
Atlas Wright v Wright (Court of Appeal - company law- directors' contracts)
SBJ Stephenson v Mandy (High Court - covenant in restraint of trade)