Jeremy Lewis


Jeremy Lewis

Call: 1992

 

Professional Affiliations

Employment Law Bar Association
Employment Lawyers Association
Industrial Law Society
Commercial Bar Association

Education

Manchester Grammar School,
Brasenose College Oxford (BA Hons (Law), First Class), Bachelor of Civil Law (First Class).

Awards

Hardwicke Scholar (Lincoln's Inn)

Mediation

Accredited Mediator with ADR Group

Profile

General

Encompasses a broad range of commercial and employment law. Principal areas of practice are:

  • Employment
  • Commercial litigation
  • Professional negligence
  • Sports law
  • Judicial review

Employment Law

Jeremy's practice covers all forms of employment law in the employment tribunal and civil courts, and also before the CAC. He is recommended as a leader in the field of employment law by Legal 500 and Chambers and Partners. Legal 500 comment that he "stands out as 'hard working' and 'ready to get his hands dirty".  Chambers and Partners commented in 2007 that he "can be relied on for 'sage advice' on a variety of employment law issues". In 2008 Chambers and Partners noted that "clients have a 'great deal of faith' in [his] advice....and described him as "extremely hard-working, exacting, commercial and good on his feet".  He is "recommended for whistle-blowing and TUPE matters, among other general employment issues". Areas of particular specialism include:

  • Transfer of undertakings (General Editor of "Transfer of Undertakings" (Sweet & Maxwell, looseleaf).
  • Whistleblowing (co-author of the leading work on whistleblowing – see publications below.
  • Trade unions and industrial action.
  • Collective consultation.
  • Restrictive covenants/confidentiality and injunctions.
  • Discrimination and equal pay.
  • Part time work
  • Wrongful and unfair dismissal.
  • Working time.

Jeremy has appeared in three important House of Lords decisions and also in the European Court of Justice:

  • Celtec and others v Astley [2006] ICR 992 (House of Lords) and [2005] IRLR 647 (European Court of Justice) (Transfer of undertakings: when a transfer takes place and the scope for opting out of a transfer).
  • Matthews and others v Kent and Medway Town Fire Authority [2006] ICR 365 (House of Lords) (Part Time Workers Regulations).
  • Dunnachie v Kingston upon Hull CC [2004] ICR 481 (House of Lords) (establishing that injury to feelings awards cannot be made for unfair dismissal).

 

Other notable cases include:

  • Kuzel v Roche Products Limited (Heard 23.11.07, Court of Appeal) (burden of proof in whistleblowing dismissals)
  • Sinclair Roche v Heard and Fellows EAT/0637/05 and EAT/0168/05, 12.4.05 and 21.11.05 (sex discrimination/procedure: removal of tribunal panel).
  • Lehman Brothers v Smith EAT/0486/05, 13 October 2005 (whistleblowing/practice and procedure: Guidance as to the test for amendment in ET claims).
  • British Compressed Air Society v Wall [2003] IRLR 836 (unfair dismissal/normal retirement age).
  • Swiss Re Life and Health Limited v Kay (2003) 710 IRLB 5 (EAT) (practice and procedure).
  • Dudley Bower Building Services Limited v Lowe [2003] IRLR 260 (EAT) (transfer of undertakings).
  • Darnton v University of Surrey [2003] IRLR 133 (EAT) (whistleblowing, test for qualifying disclosure).
  • Ladbrokes Limited v Taylor EAT/0343/03, 4 September 2003 (disability discrimination, whether to permit stay pending civil proceedings).
  • Halifax v Dorian EAT/126/02, 11 February 2003 (unfair dismissal).
  • Gibson v East Riding Yorkshire District Council [2000] ICR 890 (CA) (working time).
  • Pedus v Chandler EAT/387/99, 20 June 2000 (disability discrimination).
  • Wallace Bogan -v- Cove [1997] IRLR 493 (CA) (post termination restrictions against solicitors).
  • Headley -v- Excel Logistics Limited (1998) 622 IDS 5 (EAT) (dismissal for carrying out health and safety functions).
  • London Branch of the Nigerian Universities Commission -v- Bastians [1995] ICR 358 (EAT) (unfair dismissal, diplomatic immunity).

Commercial litigation and professional negligence

Jeremy's practice involves a broad range of commercial litigation and advisory work, including:

  • Professional negligence claims (including solicitors, insurance brokers, accountants and auditors).
  • Director disputes and fiduciary duties.
  • Shareholder disputes.
  • Business sales and warranty claims.
  • Commercial agency disputes.
  • Injunctive relief.

Sample notable cases include:

  • I-Way Limited v World Online Telecom Limited [2004] EWHC 244 (Commercial Court) (misrepresentation, implication of contractual terms, estoppel).
  • Zakharov v White [2003] EWHC 2463 (interim injunction/ lawfulness of bench warrant/commercial fraud).
  • In re Oriental Gas Company Limited [2000] 1 BCLC 209 (company; unfair prejudice).
  • Owens Bank Limited v Etoile Commerciale S.A. [1995] 1 WLR 44 (Privy Council) (conflict of Laws, estoppel/abuse of process).

Sports law

Despite being a long-suffering Manchester City fan, Jeremy is a keen sports enthusiast with particular interests in football, cricket, squash and golf.  He has acted in a variety of sports cases including wrongful dismissal by football managers, disputes relating to television rights relating to Premier League teams and personal injury in sports.

Judicial review

Jeremy's practice also includes judicial review, which he previously lectured in at Brasenose College, Oxford University. He had acted in a variety of matters including disputes relating to exclusions from school and university courses, withdrawal of legal aid and decisions of the Central Arbitration Committee and had been counsel in the following reported cases:

  • R v CAC ex parte BBC [2003] IRLR 640 (judicial review/trade union recognition).
  • R v CAC ex parte Kwik Fit (GB) Limited [2002] ICR 1212 (CA) (judicial review/trade union recognition)
  • R -v- Visitors of the Inns of Court ex parte Calder [1993] 3 WLR 287 (CA) (judicial review, disciplinary tribunals).

Publications and lectures

 

  • General Editor of Transfer of Undertakings (Sweet & Maxwell, looseleaf).
  • Bowers, Lewis, Fodder and Mitchell, Whistleblowing, Law and Practice (OUP, 2007).
  • Bowers and Lewis, Employment Law and Human Rights (Sweet and Maxwell 2001)
  • Lewis and Lewis, The Work Family Challenge: Rethinking Employment (Sage, 1996).
  • Co-author of the forthcoming update to Atkins volumes on Employment and Equal Opportunities.
  • Co-author (with Carol Davis) of the chapter 'Dismissal With or Without Notice' in Butterworth Tolley's Termination of Employment (looseleaf).
  • Author of several published articles (eg "What's left after Dunnachie" (2005) 34 ILJ 283).
  • Also written, lectured and led seminars on a wide range of employment law issues including on employment status, agency workers, sex discrimination, unlawful deduction of wages, unfair dismissal, transfer of undertakings and whistleblowing.


Personal

Married with three children.