BA, BCL, LLM (First Class, Sidney Sussex College, Cambridge University).
Holt Scholar of Gray's Inn, Called 27th July 1984, Gray's Inn.
Evan Lewis Thomas Student, Sidney Sussex College, Cambridge.
Constitutional Law Scholar Gray's Inn.
Lee Essay Prizeman.

Member of Management Committee, Employment Lawyers Association 2004 –
London and South East Representative 2007-8
Member Gray's Inn Barristers' Committee
COMBAR and ELBA Member

Profile

The primary area of practice is employment law. Michael also has substantial experience of commercial law and expertise in building and construction law.

Michael has particular experience of large-scale wrongful dismissal cases, unfair dismissal, whistleblowing cases and discrimination cases, including disability discrimination and sexual and race harassment cases. He regularly appears in Employment Tribunals and the Employment Appeal Tribunal. He has acted in hundreds of Tribunal cases over the years, involving unfair dismissal and discrimination claims for a wide range of reasons. He also has considerable experience in restrictive covenant cases having appeared in a number of the reported cases. He was instructed on the unfair dismissal cases during the channel tunnel project. In conjunction with Human Resources he developed the redundancies procedures and successfully defended over thirty applications to the Employment Tribunal. He has been instructed on many multi-party Employment Tribunal claims.

In the commercial sphere he has experience of a wide range of commercial work including sale of goods, retention of title clauses and professional negligence, especially relating to architects, surveyors and solicitors negligence and specialises in interlocutory work involving freezing and search orders (Marevas and Anton Pillers). Has also acted in receivership disputes and for building societies in cases involving professional negligence. Michael also has substantial experience of Commercial Agency Contract cases under the 1993 Regulations and was involved in the large scale Enron dispute concerning electricity and gas utilities in which he achieved a substantial settlement for his clients by obtaining a concession that they were commercial agents. He dealt with many Technology and Construction Court cases, including multi-million pound disputes relating to construction defects, extensions of time and disputes under JCT and ICE contracts, Architect and surveyor disputes as well as appearing in arbitrations and, allied to the construction side, has dealt with many health and safety cases (both Civil relating to Prohibition Notices and Criminal prosecutions because of defective plant).

Professional Experience

Employment law: all areas of discrimination, wrongful and unfair dismissal, redundancies and dismissals/variation of employment contracts arising out of re-organisations. Particular experience of large scale wrongful dismissals, restrictive covenants, harassment, trade union law including labour disputes and whistleblowing as well as disability and stress cases. Recent clients have included/include financial institutions (Bank of England; Cantor Fitzgerald); Local Authorities (Kent, Swale, Leeds, Leicestershire, Bradford); Universities (Cambridge, Trinity Hall, UKC, Leicester, Lincoln); Police Constabularies (Kent, Nottingham, Barnsley, Leeds, Sheffield, East Lindsey, Lancashire, R.A.R.T.) . Acts for both employer and employee.
Experience includes:

Age discrimination (1)
Disability cases, including stress and mental impairment (2)
Discrimination claims (3)
Equal Pay. I am acting for a number of Local Authorities around the country in the equal pay claims that are being brought
Harassment cases, including sexual harassment (4)
Race discrimination (5)
Restrictive covenants (6)
Unfair dismissal. (7)
Wrongful dismissal, large scale claims (8)
Commercial disputes (9)
Construction cases (10)
Author of major textbooks on employment law (11)
Produces Monthly employment bulletin available on web site.

(1)
See pre regulations case of Wall v British Compressed Air Society [2004] IRLR 147 CA. Claim that NRA was over 65 years of age. Represented successful Respondent.

(2)
Michael has acted for both Claimants and Respondents, particularly, Local Authorities and financial institutions in disabilty claims involving allegations of discrimination on the ground of disability and issues of reasonable adjustments.
Evans v Oaklands Nursing Home Group Ltd (EAT) Lindsay J - 13.12.99 - Disability discrimination; Practice and procedure - Remedies; Applicant awarded compensation for hurt feelings; Tribunal obliged to indicate their reasoning for the amount of the award.
Johnson v Bank of England (10th April 2003) Disability discrimination and stress

(3)
Larkin v Korean Airlines Co Ltd (EAT) 24.08.99 - Unfair dismissal ; Sex discrimination; Remedies; Compensation; Causation; Post-termination earnings; Employment Rights Act 1996 s 123(1) (HHJ Peter Clark).

(4)
Michael has acted for both Claimants and Respondents in cases involving allegations of harassment, including serious sexual harassment. His guidelines were accepted and adopted by Holland J in:
Driskel v Peninsula Business Services Ltd (EAT) [2000] IRLR 151 - Represented Appellant in claim for sex discrimination & sexual harassment. Leading case on harassment.

(6)
Michael appears regularly in applications for interim relief both on a without notice and contested basis. He is also an expert in drafting and advising in this field. Cases include:
Turner v Commonwealth & British Minerals Ltd (CA) [2000] IRLR 114 Restrictive covenants (payment to accept covenant) & termination of employment.
Wincanton Ltd v Cranny & anr (CA - Civil Division) [2000] IRLR 716 ; Simon Brown LJ, Sedley LJ. - Twelve months post-termination - Whether covenants enforceable - Whether interlocutory injunctive relief should be granted. Represented the successful Appellant.
Brake Brother v Ungless obtained injuction in first instance.
Intercall Conferencing Services Ltd v Steer [2007] EWHC 519 (QB)
15 March 2007

(7) Unfair dismissal
Scotts Company (UK) Limited v Budd [2003] IRLR 145 - Notice payments when employee is absent due to sickness. Represented the successful Appellant.
Smith v Secretary of State for Trade & Industry (EAT) [2000] IRLR 6 - Represented the Appellant - Right to fair trial; close connection between employment tribunal & executive led to possibility of partiality over redundancy claim.
Fitzgerald v University of Kent at Canterbury (EAT) - 13.05.03 - Retrospectively agreed effective date of termination meant appellant could not claim unfair dismissal as mutual termination defeated that right and not contrary to s 203 ERA 1996 . Represented the Respondent (HHJ Peter Clark). On appeal to Court of Appeal at [2004] IRLR 300
Taylor v John Webster Buildings Civil Engineering (EAT) [1999] ICR 561 - Unfair dismissal; compensation; redundancy selection; effect of Polkey reduction on compensation award.

(8)
Fulham FC v Tigana (led in trial before Elias J November 2004). Has acted in a large number of Executive dismissal, wrongful dismissal cases involving substntial sums of money.

(9)
Thomas v Pensions Ombudsman (QBD) [1996] OPLR 161 - Occupational pensions; NHS; early retirement.
Bristol & West Building Society v Ellis (CA) [1997] 29 HLR 282 - Possession; mortgage arrears; suspended execution of warrant for possession; borrower intending to sell property within 3-5 year period to discharge debt; reasonableness of repayment period; order for immediate possession.
Hewitt v Alex Sayer Project Services (CA) [1996] EGCS 1 - Building & engineering contracts; Architects; project abandoned; whether letter setting out architect's fees amounted to a contract.
Taylor Stuart & Co v Timothy Croft (ChDiv) 07.05.97 - Restrictive covenant -penalty clauses. Acted for Defendant. Stanley Burnton QC (sitting as a Deputy High Court Judge).

(10)
British Airways Pension Trustees Ltd v Sir Robert McAlpine & Sons Ltd (CA) 72 BLR 26 - Statements of claim; defective premises. Successfully had case that had been struck out (when other Chambers were acting) reinstated. Case settled on terms favourable to client.
Cheffick v JDM Associates 22 Con LR 1 - Application for security for costs (HHJ Fox Andrews QC).
Cheffick v JDM Associates (No 2) 22 Con LR 16 - Amendments to pleading after commencement of trial. (HHJ Fox Andrews QC).
Cheffick v JDM Associates (No 3) 22 Con LR 36 - Security for costs or strike out in mid trial (HHJ Fox Andrews QC).
Cheffick v JDM Associates (No 4) - Considerations as to a gross award of costs (HHJ Fox Andrews QC).
Cheffick v JDM Associates BLR 43 BLR p52 (CA).

(11)
'Unfair Dismissal'; 'Law, Practice and Guidance';
'Wrongful Dismissal'; 'Law Guidance and Precedents (2003);
Family Friendly Policies: A Handbook for Employers and Employees (2003), and
Contracts of Employment'; 'Law Guidance and Precedents' (2nd Ed January 2005 two volumes), XPL Publishing;
General Editor XPL Employment Law Series
The Law of Industrial Action and Trade Union Recognition (2004), OUP with John Bowers QC/David Reade.
Forthcoming, ''Equal Pay: Law and Practice" Jordans

Feedback

Chambers & Partners 2003 says Michael Duggan "turns into a Rottweiler in court. He is well known for his writing on unfair dismissal issues."

Chambers & Partners 2004 says Michael Duggan was "endorsed for the clarity of his advice."

Chambers & Partners 2006 says Michael Duggan "combines his commercial and employment based practice with construction law. He is an excellent adviser who will readily go to town on the right case."