Profile description
About Dominic Bayne
Dominic is recognised as one of the leading barristers in the North East in the field of employment law; which he combines with significant commercial litigation and personal injury practices.
For a number of years Dominic has been recommended by Chambers and Partners, and is currently one of a handful of employment practitioners in the North East to be rated on Band 1. They have described him variously as ‘incredibly intelligent, articulate, and good at winning client confidence’; as being ‘a strong and formidable opponent’; and as ‘having a wonderful manner in Court’. Judicial comments have included praise for ‘his thorough and well-presented written and oral submissions’ and for his ‘astute and effective’ cross examination.
Dominic moved to Newcastle in 2002, having previously practised from Plowden Buildings in London. He brings to his work experience of a broad range of practice areas, and of appellate Courts up to and including the Supreme Court. He prides himself on being approachable and pragmatic, and in providing easily accessible client-focussed advice.
Specialist Practice Areas
Employment
Dominic has considerable experience in all areas of employment law; with a particular emphasis on discrimination and TUPE claims. He regularly acts for both public and private sector employers, and for employees. He routinely appears in the ET and EAT, as well as in employment related court claims, and has experience in appellate courts at all levels.
Discrimination and Equal Pay
Dominic is frequently instructed in lengthy discrimination claims involving multiple allegations over extended periods. He has recently acted for both Claimants and Respondents in claims for sexual orientation discrimination, age discrimination, sex discrimination and race discrimination; but he has particular experience in disability discrimination claims, and has recently successfully appealed to the EAT on issues relating to reasonable adjustments and s15 discrimination.
Dominic has also been involved in a number of high profile local authority and NHS equal pay claims, including a test case on the issue of bonus payments in which he obtained permission to appeal to the Supreme Court.
Unfair Dismissal and Redundancy
Dominic routinely advises and appears in all manner of unfair dismissal, and constructive unfair dismissal claims, both at first instance and on appeal; often involving high earning employees or where the statutory cap is engaged. His recent cases have involved issues such as scape-goating, computer misuse, employee status, geographical jurisdiction, applicable time limits, use of social media, and incapacity caused by an employer’s negligence.
Dominic has also acted in several multiple redundancy claims, in which he has appeared for both employer and employees.
TUPE
Dominic has an unhealthy interest in the TU(PE) Regulations. He has acted in a number of substantial multi-party TUPE transfer claims, involving both service provision change and business transfers, and engaging both individual and collective rights. He has recently appeared in the EAT in a test case on the correct interpretation of the service provision change definition.
Whistleblowing
In recent years, Dominic has acted in several lengthy and complex whistleblowing cases, including successfully defending a claim involving 49 separate alleged disclosures, the schedule of which alone ran to several hundred pages.
Restraint of Trade and Breach of Contract
As a result of his chancery/commercial practice, Dominic is particularly adept at handling employment related claims in the High Court and County Court. He is often instructed to seek or resist injunctive relief and damages in post termination restraint of trade claims, and in claims involving the alleged misuse of confidential or proprietary information; as well appearing in breach of contract claims arising out of the dismissal of higher earning employees.
Collective Rights and Trade Unions
As well as frequently acting in collective claims arising out TUPE transfers and redundancy dismissals, Dominic also has experience of advising employers on trade union disputes.
Chancery and Commercial
Dominic has a busy and well established chancery/commercial practice; and is particularly interested in disputes involving unusual or esoteric areas of law.
Contract/Commercial
Dominic is regularly instructed in a range of contractual and commercial disputes, from sale and supply of goods and services, through to the applicability and enforceabilty of contractual terms, liquidated damages and penalty clauses, conflicts of laws, construction claims, and the disposal of real property and plant.
Restraint of Trade and Confidential Information
As a result of his significant employment practice, Dominic is particularly adept at dealing with post-employment disputes. He is often instructed to seek or resist injunctive relief and damages in post termination restraint of trade claims, and in claims involving the alleged misuse of confidential or proprietary information; as well appearing in breach of contract claims arising out of the dismissal of higher earning employees.
Commercial Rating
Dominic has acted for a number of ratepayers in relation to their liability for commercial rates, and recently successfully appeared in the Supreme Court in a landmark case on the rateability of property undergoing works of reconstruction.
Real property
Dominic has a long experience of dealing with claims involving both commercial and residential real property, including claims involving breach of covenant; easements; property related torts; equitable rights and interests; boundary disputes; trusts of land; adverse possession; and contracts of sale.
Landlord & Tenant
Dominic is experienced at advising and representing both landlords and tenants in disputes involving both commercial and residential leases, including issues around security of tenure, forfeiture, breach of covenant, withholding of consents, enfranchisement, and dilapidations.
Professional negligence
Dominic has recently acted in professional negligence claims involving lawyers; surveyors; architects; and financial advisers.
Credit Hire and Fraud
Dominic acts regularly for both defendants and claimants in fraud arising from road traffic accidents.
Recommendations
Chambers & Partners 2017 (Band 1)
A well-trusted litigator with an impressive track record in all facets of employment law including discrimination and equal pay claims. He has a broad and diverse practice representing both private and public sector clients, ranging from large-scale organisations to individuals.
Strengths: "He is very studious, very logical and a talented advocate." "He's very thorough, level-headed and straightforward."
Recent Work: Appeared in a ten-day discrimination claim, Aslam v Derby CC, which concerned around 25 allegations of discrimination over a period of seven years, inclusive of harassment, denial of opportunity of advancement through promotion and victimisation owing to prior grevances.
Chambers & Partners 2016
Focuses on employment disputes on behalf of both public sector organisations and individual claimants. He shows particular skill in equal pay and discrimination matters, but also has considerable experience in cases of whistleblowing, unfair dismissal and restrictive covenants.
Strengths: "He has a wonderful manner in court and is great at getting to the nub of the issue in cross-examination."
Recent work: Acted in Greenslade v Next Distribution Ltd, a case concerning disability discrimination and unfair dismissal.
Chambers & Partners 2015
Handles respondent work for public clients and receives instructions from government in his position as regional treasury counsel. He also handles important claimant matters relating to discrimination, equal pay, unfair dismissals, TUPE, redundancy and whistle-blowing issues.
Expertise: "His manner is very considered and belies the fact that he is extremely effective as an advocate and gets into the details really deeply."
Recent work: Acted for Hartlepool BC on a 12-day whistle-blowing and unfair dismissal case.
Chambers & Partners 2014 (Band 1)
Focuses his practice on employment disputes, and is widely recognised for his work on behalf of large employers such as local authorities.
Expertise: "He impresses with his excellent preparation, detailed knowledge of the law and thorough advocacy style in factually complicated cases. He very quickly gets to grips with the key issues of the case, and is always willing to discuss tactics and the next steps as the case progresses."
Chambers & Partners 2013 (Band 2)
'a well-respected employment law specialist. His "informal style" has made him a popular choice among instructing law firms, which continue to view him as a go-to barrister for "really complex stuff."'
Chambers and Partners 2012 (Band 2)
‘is acknowledged by peers to be “a strong and formidable opponent”’.
Chambers and Partners 2011 (Band 2) - “incredibly intelligent, articulate and good at winning client confidence"; and has an "understated yet highly effective approach to complex cases."
Reported Cases
SJ & J Monk v Newbigin (Valuation Officer)
[2017] UKSC 14
(Successfully acted for the ratepayer in a test case on the correct approach to rating commercial properties undergoing extensive refurbishments)
Tees, Esk & Wear Valleys NHS Foundation Trust v Harland & ors (UKEAT/0173/16/DM)
(Acted for an NHS Trust in an appeal concerning the correct approach to assessing the ‘principle purpose’ of an organised grouping of employees, within the service provision change definition of the TU(PE) Regulations)
Greenslade v Next Distribution Ltd
UKEAT/0156/15/DA
(Successfully acted for the Claimant in an appeal concerning the correct approach to a disability discrimination claim under s15 of the Equal Act 2010)
Harbro Supplies v Hampton & Ors
[2014] EWHC 1781 (Ch)
(Successfully acted for a company in a 10 day case arising out of the post termination use of its electronic database by a former director)
Silicon Altimex v March [2014] UKEAT 0489, [2014] All ER(D) 99 (Aug)
(Successfully acted for an employer in an appeal concerning the correct approach to affirmation in constructive dismissal claims)
Working Men’s Club, Institute Union Ltd v Balls UKEAT/0119/11/LA
(Acted for the Respondent in a claim concerning causation in cases of constructive dismissal)
Gibson v Sheffield City Council [2010] EWCA Civ 63, [2010] ICR 708, [2010] IRLR 277
(Acted for the Council in a test case on bonus payments and equal pay)
St Alphonsus RC Primary School v J Blenkinsop UKEAT/0082/09 [2009] All ER(D) 54 (Aug)
(Acted for the school in a case concerning time limits in the context of the Maternity and Parental Leave etc. Regulations 1999)
Ministry of Defence v Guellard UKEAT/0210/09 [2009] All ER(D) 50 (Dec)
(Acted for the Claimant in a claim concerning constructive dismissal, and the proper approach to contributory fault)
Warrior Quay Management Co Ltd v Joachim & ors [2008] WL 168730 (Successfully acted for the Appellant in a muliti-party claim concerning the construction of a lease).
Shimmell v Clarke [2001] All ER(D) 309 (Oct) (Successfully acted for the offeror in an appeal concerning when a Part 36 offer was void for mistake)
Articles/Publications
Some Good News for Ratepayer: The Supreme Court restores the long standing practice of applying nominal rates to buildings undergoing reconstruction.
Lee v McArthur: Is a refusal to bake a cake supporting gay marriage really direct discrimination, or has the law gone a step too far?
In Tyco the CJEU reconsidered the definition of ‘working time’: What, if any, are the domestic implications?
Gibson v Sheffield: The Supreme Court’s chance to clarify the defences available to mass equal pay claims
Lectures/Seminars
Dominic speaks regularly at local and regional seminars, as well as at tailor-made client’s events.
Recent seminars have included:
· TUPE or not TUPE, that is the question.
· Discrimination: Surprising Developments.
· ‘Dismissing the Disabled’: the additional pitfalls of dismissing an employee with a disability.
· Pension Loss for Employment Lawyers
· The termination and renewal of business tenancies
· The effective compromise of disputes.
