Profile description
Specialist Practice Areas
Direct Access Employment Law
Andrew represents both claimants and respondents in all aspects of employment work in the ET and the EAT. He acts for large commercial employers, NHS Trusts and local authorities as well as various trade unions and their members. He is currently representing a member of the judiciary in disciplinary proceedings brought by the Judicial Conduct Investigations Office and recently acted for a very senior private sector executive with a 7 figure salary package following the termination of his employment.
He has acted for several firms of solicitors in claims brought against them, as well as for an Employment Tribunal panel member whom he had previously appeared in front of. Some of his recent clients have included the Crown Prosecution Service, the Crown Princess of Greece, Capita, Network Rail, Northern Powergrid, BUPA Dental Services, NHS Direct and Clipper Logistics.
He has also been instructed, outside of the litigation context, to carry out independent investigations into allegations of extremely serious workplace misconduct, including alleged rape during the course of employment.
He has much experience in the following areas amongst others:
Discrimination (all areas): successfully acted for a senior manager at an NHS Trust in a 20 day race discrimination claim leading to an award of compensation in excess of £1m, a successful private sector respondent in a 10 day race discrimination claim and an NHS Trust in a week long disability discrimination/victimisation trial;
Unfair Dismissal: acts regularly for both sides in the ET and EAT. Recently secured compensation, following a 5 day case, beyond the statutory cap for a man in his late 50s with a net salary of circa £20k p.a;
Whistleblowing: for both claimants and respondents including lengthy and complicated cases listed for various periods upwards of 2 weeks;
Equal Pay: e.g. has acted for both claimants and respondents in various class actions, including a 7 day Stage 2 Equal Value hearing;
TUPE: e.g. acted for a group of a claimants in a 10 day PHR to determine whether there was a TUPE transfer and, if so, to which of 6 respondents which made its way to the EAT on the definition of a service provision change;
Breach of Contract claims: dealing with a variety of claims relating to individual contracts of employment and collective agreements in both the employment tribunal and county court;
Restrictive Covenants: - advising and appearing in the civil courts in claims for injunctions arising out of restrictive covenants;
CAC work: - Andrew has appeared at the CAC to deal with a union recognition dispute.
Recommendations
Chambers & Partners 2017 (Band 1):
Described as "rational, reasoned and experienced," Sugarman receives no shortage of praise in teh market for his distinguished practice representing claimants and respondents. He acts for a diverse client base, from trusts, local authorities and large-scale corporation to individuals.
Strengths: "A favourite with our team for all clients - he is personable, reliable and a fierce advicate." "A pragmatice barrister who gives commercial advice and counsel that can be relied on. He delivers positive outcomes, always with teh client in mind."
Recent work: Acted in CED v DXC Trains Ltd + ASLEF & Others which was a case concerning claims of indirect and direct sex discrimination.
Legal 500 2016 - "His cross-examination is killer and his submissions are outstanding."
Chambers & Partners 2016 (Band 1):
"He's straightforward but technically able, and clients feel like they're in safe hands. He's got a lot of common sense and he knows how to play to the Tribunal.
Legal 500 2015 (leading Junior)
"Approachable, personable, easy to work with and 100% reliable."
Legal Who's who
Andrew was one of a few employment specialists outside of London to appear in the first edition of the “Legal Who’s Who” which noted he was “much in demand by both claimants and respondents for his skills across the spectrum of employment law.”
Andrew has been recommended by both Chambers and Partners and the Legal 500 every year since 2008. Reviews include:
Chambers & Partners 2015 (Band 1)
“Represents commercial and public sector employers, charitable bodies, trade unions and their members. ‘He is the calm port in the storm. He looks at things objectively and thinks well on his feet.’
Legal 500 2015 (Leading Junior)
“Very good at explaining complex legal concepts to clients.’
Andrew has been recommended by both publications since 2008
Chambers & Partners 2014 (Band 1)
“An experienced employment advocate who is instructed by a wide range of clients, and is recognised as being equally adept at acting for claimants and respondents. He is a skilled barrister, but also straight-talking and down-to-earth. He is very good with clients, and can cut to the main issues quickly and explain difficult legal concepts clearly and concisely."
Chambers & Partners 2013
“the "technically brilliant” Andrew Sugarman. A "down-to-earth" junior, he is popular due to the "efficient and thorough" approach he takes. He has recently been acting for Leeds City Council in a breach of contract test case.”
The Legal 500 2012 & 2013
Andrew is “a tough advocate with excellent attention to detail” and is “recommended”.
Chambers & Partners 2012 - Andrew has impressed with his "straightforward style" and is "loved by clients." He is "highly dedicated and will go to enormous lengths to fight the battle. He is regularly instructed by trades unions and commercial and public sector employers.”
The Legal 500 2011
Andrew has “excellent depth and breadth of knowledge; gives realistic rather than legalistic advice”.
Chambers & Partners 2010
"He remains a fine choice for employment …".
Chambers & Partners 2009
“gains market respect for [his] practice" and has a “great understanding” of disability discrimination and employers’ liability for injury.”
Chambers & Partners 2008
He was described as doing “first class jobs in tough cases, many of them without backup”.
Recently Concluded Cases
Examples of reported/ongoing cases include:
Employment
Martineau and others v Ministry of Justice, forthcoming EAT hearing: acting for a group of fee-paid Immigration Appeal Tribunal judges claiming part-time worker discrimination in relation to pay.;
Thompson v Ministry of Justice, forthcoming EAT hearing acting for a Valuer Vice President in the First-Tier Tribunal (Property Chamber) in his claim of part-time worker discrimination in relation to access to the judicial pension scheme and pay;
Osaghae v United Lincolnshire Hospitals NHS Trust, 2013, UKEAT/0576/12/BA, LTL 26.3.14: for the successful respondent on an appeal concerning issues of settlement and withdrawal;
Stuart v BUPA Dental Services Limited UKEAT/0237/13/BA, 21st January 2014: for the successful respondent on an appeal concerning the employment status of a dentist;
Kowalewska-Zietek v Lancashire Teaching Hospitals NHS Foundation Trust, Nov 14: for the successful respondent at the ET in a 5 day race discrimination claim brought by a Consultant Neurologist;
Tsvangirai v Sheffield Teaching Hospitals NHS Foundation Trust, September 2014: successfully acting for the respondent in a paper heavy 7 day race discrimination and unfair dismissal claim brought by one its former nurses;
Smith v Drive, 2013: appeal to the EAT dealing with various aspects of unfair dismissal, Polkey and the proper approach to compensation;
Browne v Central Manchester University Hospitals NHS Trust, [2011] EqLR 545 (liability) and [2012] EqLR 186 (remedies): 4 week race discrimination/unfair dismissal claim for the successful claimant who recovered in excess of £1m in compensation;
Unison v Addaction, UKEAT/0339/09/SM, LTL 19/2/2010 – whether a trade union had made a valid claim under Reg 13 TUPE;
Calderdale MBC v Wells UKEAT/0340/09/CEA, LTL 7/12/2009 – successfully responding to an appeal concerning the definition of employee status (with an order for costs in the EAT);
NSM Music v McArdle, UKEAT/0516/09/RN – successfully responding to an appeal concerning the application of s98A(2) of the ERA 1996 and Polkey.
Tennison v Centrica Storage, UKEAT/0336/08 LTL 2/12/2008 successfully responding to an appeal against a Tribunal’s refusal to allow an amendment to the ET3 and also dealing with a wasted costs order made against solicitors (by consent);
Evans v North Lincolnshire and Goole NHS Foundation Trust, 2013: acting for the successful respondent in a 5 day disability discrimination claim brought by a retired Consultant Paediatrician with Aspergers Syndrome;
O’Malley v CPS, 2012: successfully representing the CPS in a lengthy claim brought by one of their Crown Court Advocates for sex discrimination and breach of the flexible working provisions;
Olesen v MOD, 2012: representing, at a 3 day multi-track trial in the County Court, a Consultant Orthopaedic Surgeon in a claim for breach of contract arising out of his work over a number of years in breach of the Working Time Regulations 1998;
Gardiner v County Durham and Darlington Fire and Rescue Service, 2011: for the successful respondent in a disability discrimination claim brought by a dispraxic trainee firefighter;
Caen v RBS: acting for the successful claimant who suffered with agoraphobia in a 5 day disability discrimination (primarily reasonable adjustments) and unfair dismissal claim;
Cox and others v Amec and others: representing former employees in the oil fields off the coast of Nigeria in claims for race discrimination and unfair dismissal arising from troubles in the region;
Kuhnel Graphics Limited v Archer, EAT: for the successful respondent on appeal in a case of unfair dismissal following a relationship breakdown between directors of a company;
Newton v Dupont Teijin Films, ET, - Lengthy sex discrimination claim on behalf of the successful claimant which resulted in a six figure award of compensation.
Personal Injury
M v H NHS Trust: Complicated claim pleaded in excess of £1m brought by a former nurse arising out of an accident at work;
Handrick v Rougeolle: acting for the successful claimant in a 3 day multi-track trial in an unusual case centred around the Occupier’s Liability Act 1984;
W v P: a claim involving multiple injuries including a serious brachial plexus injury which eventually settled for over £1/4m;
M v G: acting for the defendant in a high value RTA case in which the claimant suffered multiple serious injuries resulting in the loss of a career in the army;
Pajwani v Cox and the MIB: acting for the estate and dependants in a complicated fatal accident claim following an RTA;
Slater v City of Wakefield MDC, High Court – acted successfully for the claimant, a teaching support assistant, at first instance and on appeal in a claim for injury caused by a pupil;
R v HM Prison Service: a loss of career claim brought by a prison officer following an assault at work resulting in permanent physical and psychiatric injury;
Re G: a clam arising out of an RTA brought by a child who suffered with a spectrum of psychiatric symptoms including mutism.
Clinical Negligence and Healthcare
Re F: acting for the dependents and estate of a man who died following a heart attack in circumstances where the ambulance, which had been called, failed to arrive;
Re B: On-going dental negligence claim alleged sustained negligent course of treatment;
Re M: acting for the dependents and estate in a case involving a death following a failed anastomosis;
Re B: advising a Deanery on how to deal with a disabled doctor who encountered difficulties in training before resigning from the scheme.
Insurance
Re H: ongoing multi-track case with a large number of witnesses in which it is alleged the claimants induced an accident;
Re F: ongoing multi-track LVI claim;
Meah v Markerstudy Insurance Company: representing the defendant in an LVI claim in which the court accepted the claimant was not injured;
Gavu v Tshabalala and Chaucer Insurance: a claim by a “phantom passenger” whom the defendant contended was not a passenger in his car, as claimed;
Mahmood v Hussain: RTA trial with allegations of fraud, namely that the accident was staged;
Matthew v Halifax: acting for the successful claimant in an LVI case where the defendant called extensive engineering evidence.
Articles/Publications
Andrew co-writes, with Head of Team Seamus Sweeney, the “Equal Pay” chapter of Jordans Employment Law Service. He has written a number of articles on employment law which have appeared in publications such as Pulse (a magazine distributed to all registered GPs in the UK), the Discrimination Law Association’s Briefings and the Leeds and Yorkshire Lawyer. He assisted Robin Allen QC in updating and redrafting the “Human Rights” chapter of Bullen & Leake on Pleadings.
Lectures/Seminars
Employment
Andrew taught the “Employment Law” option to the part time students at the BPP Law School in Leeds.
He has given talks for the Employment Lawyers Association on “Tactics and Remedies in Employment Tribunal Litigation”, “Whistleblowing” and “Pension Loss Claims” as well as substantive case law updates. He has also given lectures and seminars to many firms of solicitors locally and nationally, including writing and delivering nationally an 8 hour “Employment Tribunal Advocacy Training Programme” to a leading firm of employment solicitors. He maintains a keen interest in all aspects of human rights work.
The topics of some of his lectures and articles have included:
Holiday Pay: The Unexploded Timebomb
Victimisation and Grievances
Pension Loss Claims Post Auto-Enrolment
Whistleblowing: the 2013 changes
Service Provision Changes under TUPE
Tactics, Remedies and Costs
General and Discrimination Case Law Updates
Are Agency Workers Employees?
Claims, Responses and Compromise Agreements in Employment Cases
Compensation for Unfair and Wrongful Dismissal
The Employment Act 2008
The Statutory Disciplinary and Grievance Procedures
Personal Injury, Clinical Negligence and Insurance
Andrew has lectured and written articles on a variety of personal injury topics. He recently co-authored an article entitled “Sweet Relief: To Mitchell or Not to Mitchell, That is The Question” which was published in the Personal Injury Brief Update sent to over 11,000 readers. He has been published in Pulse, a magazine sent to all GPs in the UK.
The topics of some of his lectures have included:
Mental Capacity: A Talk for Personal Injury Practitioners
Maximising Damages in Personal Injury Claims
Employer Liability Review and Update
Construction Site Accidents and Falls from Height
General Case Law Update: including Fraud and Exaggeration
Conditional Fee Agreements: A Practical Guide
Andrew has given lectures for the Employment Lawyers Association on tactics and remedies in employment tribunal litigation encompassing claims for personal injury in that forum.
