Recognised by the major directories as a leading Junior, Lucy specialises in employment and general commercial law. “User-friendly” and “meticulous” according to Chambers and Partners 2009, she represents client across a wide range of market sectors, including banks and financial institutions, blue chip companies and high net worth individuals. In the public sector, Lucy has represented a number of NHS trusts and local authorities.

With a wealth of experience across all aspects of employment law, Lucy regularly acts in the employment tribunal, EAT and High Court in cases concerning individual employee issues including breach of contract, wrongful dismissal and unfair dismissal, and TUPE issues. Noted by Chambers and Partners 2009 as “great for sensitive disputes”, Lucy acts in high value discrimination, harassment, victimisation cases, often exceeding £1m, for both respondent and claimant and has broad experience in issues of Maternity and Paternity Rights. Lucy has been instructed by several local authorities in relation to multiple Equal Pay complaints.

Lucy has a particular interest in the commercial aspects of employment law and has a busy High Court practice involving often complex Director and senior employee issues such as fiduciary duties and post-termination restraints. Lucy is regularly instructed on Employment Injunctions including restrictive covenants, garden leave and confidential information injunctions.

Employment Injunctions

Lucy has a particular interest in post termination restraints and has been instructed in relation to a range of post termination matters, including fiduciary duties and preparatory steps to compete.

Re Codemasters Limited (2010): led by Charles Samek QC in the preparation of a speedy trial acting for a major publisher of computer games where 18 employees had left and set up a competing business;
Rentokil v. Prokill & Ors (2009): led by Jeffrey Bacon in an ex parte application for a search and seizure order, including provision for an expert to undertake forensic searches of the defendants’ computers;
Chalvedon School v. NUT and NASUWT (2009): advised three schools intending to combine to become an Academy on the industrial relations implications of TUPE and the availability of injunctive relief against threatened strike action;
Pieroth v. Jakob Gerhardt & Ors (2008): successfully obtained injunction and costs against 11 defendants providing springboard relief and relief against passing off and contractual and common law breaches in relation to confidential information;
Progressive Financial Services v. Premier Loans and Finance Ltd & Ors: (with Selwyn Bloch QC) successfully obtained a combined freezing order and search and seizure order on four defendants;
Re a Firm of Estate Agents: advised in relation to an area covenant;
Re a Healthcare Company: advised in relation to allegations that a departing employee had removed a database and breached obligations of confidentiality;
Poole v. Bolt Burdon Kemp: advised a solicitor on the enforceability of area specific non-competition covenants in his employment contract;
Re a Media Company: advised the employer in relation to breaches of non-solicitation and non-competition clauses and covenants relating to confidential information, and springboard relief.

Director and senior employee issues

Lucy acts frequently on matters concerning allegations of breach of directors' duties including fiduciary duties. Recent and current experience includes:

Ainley v. DFM (2009): currently representing a financial director of a professional services company in his civil claim for wrongful dismissal, where the defendant alleges breaches of contract in the performance of his duties;
Larrick Properties v. Boylan (2007): acted in High Court proceedings concerning diversion of a business opportunity and other alleged breaches of fiduciary duties by a director;
Hyde v. TCP Europe Limited (2006): settled High Court proceedings an employee accused of breach of fiduciary duties in relation to commission payments and advised on tactics in relation to Tribunal proceedings brought by the employee;
Day to Day Teachers v. (1) Grant (2) The Teaching Team (2007): currently acting for a national recruitment agency in proceedings brought by it against a former senior employee and her current employer, involving allegations of knowing receipt of confidential information.

Individual employee issues

(unfair dismissal, wrongful dismissal, redundancy and whistle blowing)

Comprehensive experience of all aspects of unfair dismissal including Public Interest Disclosure dismissals. Frequently acts in cases concerning dismissals for redundancy, misconduct and performance related issues, and constructive dismissal. Lucy has acted for Claimants and Respondents in all areas of work. Particular experience of note includes:

Clark v. (1) Gresham House and (2) Friars Management Ltd (2010): acting for the first Defendant in a claim of breach of employment contract, proceeding to 6 day trial in the Chancery Division;
Osborne v. Deutsche Bank (2009): advised and acted at appellate level for former trader seeking to recover a substantial payment in relation to a share scheme bonus, using the unlawful deductions jurisdiction;
Hinchliffe v. Pearl Insurance: acted for employer in case which raised questions of the employer’s right to dismiss for redundancy where employee is in receipt of PHI payments;
Donald v. Honeywell: case concerning cross border and territorial jurisdictional issues. Lucy acted for the Claimant posted abroad as CEO of a new branch of the company.
Harrington v. Saga Holidays (2006): acted for Respondent and successfully argued that tourist resort was not an "enclave" within Lawson v Serco;
Enterprise Rent-a-Car v. Coulombeau (2006): acted in the first known case of automatic unfair dismissal on the grounds of Adoption Leave;
Metcalfe v. Cygnet Health Care Ltd [2006] All ER (D) 16: appeal concerning the tribunal’s jurisdiction and extension of time;
Webb v. The Times Newspaper: acted for the Claimant, a sports reporter, arguing he had employment status;
Re A City Firm: recently acted in a whistle blowing case, for a Claimant dismissed shortly after making an internal complaint of discrimination;
Thompson v. C&A Pumps Ltd [2006] All ER (D) 15: appeal concerning various points on remedies;
Bunker v. Mark Insulations Ltd [2005] All ER(D) 366: acted in the EAT on an appeal concerning continuity of service;
Went v. Governing Body of Sir Roger Manwood’s School [2005] All ER (D) 129: appeal addressing the ambit of the duty of trust and confidence where a teacher had been accused of child abuse.

TUPE

Wide experience of disputes concerning transfers, transfer-related dismissals, the ETO defense and the duties of consultation and information:

Chalvedon School v. NUT and NASUWT (2009): advised three schools intending to combine to become an Academy on the industrial relations implications of TUPE and the availability of injunctive relief against threatened strike action;
GMB & Ors v. (1) Eastman Chemicals and (2) Indorama Limited (2009): acted for transferee in a multiple complaint brought by a major trade union and over 50 employees of alleged failures to inform and consult;
Donnison v. (1) Lynx and (2) Salvesen Logistics (2007): acted for second Respondent in a complaint of failure to inform and consult in relation to a TUPE transfer.

Discrimination, harassment, victimisation

Wide experience of direct and indirect discrimination claims, including harassment. Has acted across all areas of work, and has regular experience of high value claims, including those exceeding £1 million.

Sex Discrimination:

Examples of recent high value cases include:

Eistrand v. JP Morgan (2009): acted for the Claimant in this high value case of sex discrimination and unfair dismissal, compromised at the doors of court;
Broughton v. Brown Shipley (2009): acted for a European investment bank resisting allegations of sex discrimination arising on the Claimant’s return from maternity leave. Claim valued at £1.9 million;
Stevenson v. Wachovia (2009): acted for an American investment bank against a white male Claimant alleging he was selected for redundancy ahead of a female Asian employee;
Ali v. Barclays Capital Services Limited and Others (2007): recently acted for the Claimant in a claim of discrimination and harassment against a major finance company and three named Respondents;
Beckley v. Metronet Rail Limited (2006): successful defended Metronet and four named respondents against a complaint of a campaign of discrimination alleged to have spanned several years;
Re a Company: advising the Claimant on a complaint raising various issues as to the burden of proof, and objective justification in relation to issues of indirect sex discrimination;
Smith v. ING Barings (2005): represented a male employee in an unusual case against a major City bank.

Disability Discrimination:

Lucy has advised and acted in numerous cases and is experienced in assisting in the instruction of expert medial witnesses, and in cross examining experts. Lucy has been involved in cases concerning diverse mental impairments including Aspergers' Syndrome, clinical depression, and reactive disorders, and physical impairments including RSI, heart arrhythmia and cancer. Cases of note:

Mahon v. Accuread [2008] All ER (D) 217: case setting out guidance to tribunals on approach to be taken where the evidence of a jointly instructed expert is to be discredited;
Staples v. Gibson Shipbrokers Limited [2007] All ER (D) 03: acted alone at first instance and led by John Bowers QC on appeal in a £1 million claim for an established firm of Shipbrokers, where the contended disability was stress-related heart failure;
Pasquarelli v. Orthet Limited (2006): the Claimant's disability was HIV status;
Edmund Nuttall v. Butterfield: advised on appeal;
Avery v. Commerzbank AG (2006): acted in claim against large bank, where Claimant's disability was IBS;
Re a City Firm: represented the Claimant and succeeded at a preliminary hearing in establishing RSI as a disability. Succeeded for the Claimant on the same point in Lucky v. In-House Catering (2204135/00);
Burnett v. John Grooms Housing Association: acted at first instance and on appeal for the employer in a case concerning the evidential threshold for mental impairment.

Race Discrimination:

Lucy has represented both sides in complaints of discrimination and victimisation on the grounds of race and religion and belief. Most recently:

Levin v. Towergroup Limited (2009): acted for the Claimant alleging that, as a Jew, he had been excluded from business development in the Middle East;
Jones v. Greenwich Leisure Limited (2006): represented a subcontractor to a local authority in a complaint of unfair dismissal and race discrimination;
Hussain v. South Tyneside Primary Care Trust (2006): acted for a Muslim doctor in relation to his complaint of race discrimination and discrimination on the grounds of religious belief.

Equal pay:

Lucy has recent experience in numerous and high value Equal Pay matters in both the public and private sectors:

Dymond v. IBM (2010): acting for IBM in a claim for equal pay on the basis of like work and work of equal value, with substantial issues arising in relation to GMF;
Bradford MDC: led by John Bowers QC in resisting multiple claims with some 200 claimants, involving numerous complex issues including the GMF defence and male contingent claims;
Gwent NHS Trust: advised on various matters arising out of Agenda for Change;
Hampshire County Council: advising a local authority in relation to multiple claims for equal pay brought by schools based employees;
Cena v. Sportingbet: bringing proceedings under s.2 in relation to the non-payment of a contractual bonus during maternity leave;
Smith v. Utopia Limited: advising on like work and the genuine material factor defence.

Maternity and Paternity Rights:

Experience includes:

Re a City Firm: claim that the employer had failed to observe its duty to offer a woman returning from maternity leave after a restructure suitable alternative employment;
Re a City Firm: brought proceedings of automatic unfair dismissal on the grounds that the employer had breached Reg 10(2) of the Maternity and Parental Leave Regulations 1999;
Re a Media Company: various issues in relation to a request for Flexible Working including questions of compliance with the procedural steps set out in the Regulations.

Education

Kings College London (LLB 1997, LLM 1998)
Inns of Court School of Law (Very Competent)
Middle Temple (Queen Mother Scholar)
St Paul's Girls' School, London (1986-1993)

Member of ELA, PNBA, COMBAR, LCCLBA
Member of the Bar Pro Bono Unit and the ELAAS scheme.