Profile description
Employment
John has a broad practice in employment law in which he is regularly instructed in cases of breach of contract, unfair dismissal, discrimination, victimisation, holiday pay claims and TUPE.
In addition to a personal background in business as an employer before being called to the bar, John’s knowledge of media and information law is often called upon in an employment context where he has considerable experience in matters where reputation and employment matters merge.
John appears regularly in the higher courts and is often engaged on extended hearings and more complex and interdisciplinary matters.
His reported and notable cases can be seen here
Peninsula Business Services v Donaldson [2016] ICR 565
Critical EAT case holding that child-care voucher schemes which ‘divert’ existing salary are part of an employee’s remuneration and therefore are not a benefit to which there is an entitlement during maternity leave.
Chandock v Tirkey (2015] ICR 527
An important EAT decision on the extent to which the statutory definition of ethnic origin includes a claimant’s caste or status within a caste system. The decision also includes significant observations by the President on the requirement for parties to set out the essence of their cases in the pleadings.
Sash Window Workshop v King [2105] IRLR 348
The Court of Appeal, on appeal from the EAT, referred questions to the ECJ on the retrospective entitlement to payment of an allowance in lieu of annual leave not taken on termination of employment.
Robinson v Bowskill [2014] ICR D7
An EAT finding that an employee learning of her dismissal from a third party does not prevent the acquisition of that knowledge from satisfying the test that a contract of employment is not effectively terminated until the employee knows of the dismissal notwithstanding the fact that a formal letter of dismissal had been sent but not yet received.
Peninsula Business Services v Malik (2010) UKEAT/0340/08/RN
An ET decision set aside for inadequate reasoning.
Peninsula Business Services v Rees (2009) UKEAT/0333/08/RN
The EAT remitted the case to a fresh tribunal on the basis of apparent judicial bias arising from the ET judge’s trenchant derogatory views on businesses such as that of the appellant made close to trial.
Redrow Homes (Yorkshire) v Buckborough [2009] IRLR 34
An early case on substitution clauses which distinguish a contract of employment from a contract for services establishing the principle of a sham not only where there is an attempt to deceive a third party but also where neither party intended to create the legal rights and obligations set out in the employment contract.
Wray v University of West Indies [2007] UKPC 14
The Privy Council held that the claimant was entitled to a declaration that his employer breached its contractual duty to give notice and a libel claim was not struck out but remitted to the Supreme Court of Jamaica.
Selected other employment cases include:
- a respondent in multiple unfair dismissal and discrimination claims
- two hundred claimants in a local authority TUPE case
- a former Town Clerk in a constructive dismissal and whistle blowing claim
- a respondent local authority in an unfair dismissal, sex discrimination and victimisation claim
- a claimant in high value bonus claim
- an SME in a constructive unfair dismissal, disability discrimination and whistle blowing claim
- a shop steward claimant in an interim relief hearing
- a respondent in multiple holiday pay claims
- the claimants in mass ‘fire/rehire’ labour dispute with a local authority
- commercial liability of third parties in relation to recovery of remedy damages
- multiple claimants in redundancy and TUPE claims against a private contractor
- a respondent in a claim for disability discrimination, unfair dismissal, harassment, breach of contract and whistleblowing
Media and Privacy
John’s media and information practice includes: Confidence, Contempt, Copyright, Data Protection, Defamation, Entertainment Law, Freedom of Information, Harassment, Human Rights, Injunctive Relief, Malicious Falsehood, Media Law, Pre-publication Advice, Privacy and Reputation Management.
Among many notable and prominent cases, he has acted in the class action for construction workers in the blacklisting privacy claims, for a News Editor in the phone hacking litigation and in numerous actions in defamation including the longest running slander trial in English legal history.
John’s recent cases can be seen here
Dhir v Saddler (2017)
In a trial listed for November, the claimant alleges slander and claims in defamation, malicious falsehood and harassment. Issues arise in serious harm, abuse of process, justification and qualified privilege. John acts for the defendant.
Jones v Cheshire Constabulary (2017)
A local councillor and former leader of Cheshire East Council complains about the conduct of a police investigation into the awarding of contracts by one of the largest spending local authorities in the North-West with allegations of defamation and misfeasance in public office against the police. John is acting for the local authority defendant.
Barkhuysen v Hamilton (2016-2017)
A land dispute between Cornwall village neighbours during which actress and film-maker Sharon Hamilton made allegations that she saw Anton Barkhuysen having sex with a pig after enticing it with doughnuts led to a week-long trial in slander, malicious prosecution, false imprisonment and harassment. John acted for the defendant.
Tracey Bell v Sam Ward & Others (2014-2017)
A successful chain of dentistry and beauty clinics and its founding CEO were the subject of Twitter attacks by former employees setting up a rival business two of whom are minor TV celebrities. John acted for the claimants who made claims in defamation and malicious falsehood.
Smith v Skanska & Others (2013-2017)
John represented 150 claimants from the construction workers union UCATT in a complex, 3 year, high profile High Court Group Litigation action against all the major UK construction companies. John’s clients received £9million in settlements. More than 3,000 workers had been secretly vetted over a 40-year period. John initiated claims in misuse of private information, breach of confidence and defamation (in addition to claims for data protection breaches and conspiracy to cause loss by unlawful means). For the first time the claim applied the law of privacy to new circumstances in the employment field.
Cliff Richard v South Yorks Police (2016)
John was instructed by the defendant in a far-reaching claim for damages in privacy.
McGrane v Sefton Borough Council (2015-2016)
A medical practitioner convicted of murder and sex offences made claims in defamation, data protection and negligence with damages pleaded at £2.7milion. John acted for the local authority defendant whose child protection measures were under attack.
Necon v ProEconomy (2015-2016)
An Irish fledgling business and its founder, providing life critical water purification systems for hospitals, made claims in defamation and malicious falsehood for statements by a business rival. John acted for the claimant.
Morleigh Homes v BBC Panorama (2016)
Pre-publication Advice: BBC documentary programme with undercover footage making serious defamatory allegations about the mismanagement of care homes by the owners and mistreatment of residents by the staff.
Diagnostics v Autoboss (2015)
A specialist on-line supplier of automotive parts made claims in defamation and malicious falsehood against a business rival for derogatory comments on its website.
Ansari v Knowles (2014)
A university lecturer claimed in libel and slander for allegations of personal misconduct and professional incompetence against four defendants including Manchester Metropolitan University, a former university colleague and Vilnius University. Vilnius settled the claim. The Court of Appeal agreed with Eady J that the settlement with Vilnius did not extinguish the claimant’s causes of action or that it had become an abuse of process to continue with his claim against the remaining defendants. John acted for the claimant.
Topcoat Construction v Compromise Agreements (2014)
An early claim in defamation under the 2013 Act by a construction company involved in a number of substantial commercial contracts including the maintenance of social housing facing unsubstantiated allegations of fraud, bribery and corruption in publicity materials uploaded by a claims management company to its website resulting in immediate financial losses. Post publication injunction obtained. John acted for the claimant.
Selected privacy, media and harassment cases
- Ansari v Knowles [2014] CP Rep 9
- Allen v LB Southwark [2008] EWCA Civ 1478 (defendant, CA)
- Wray v University of West Indies [2007] UKPC 14 (claimant, PC)
- Maccaba v Lichtenstein [2005] EMLR 6; [2005] EMLR 9 (defendant, QB)
- Mo George v News Group Newspapers (claimant, QB)
- Pell v Express Newspapers [2005] EWCA Civ 46 (claimant, CA);
- Tiscali v BT [2008] EWHC 2927; [2008] EWHC 3129 (defendant, QB)
- Charterhouse Research v Richmond Pharmacology [2003] EWHC 1099 (defendant, QB)
