Alex Line

Call 2009
Email alex.line@3pb.co.uk
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Employment

Alex has gained significant experience of employment law at 3PB. He is regularly instructed to advise on behalf of and represent both Claimants and Respondents. Given his interest in and experience of education law, he often receives instructions from schools and institutes of further and higher education.

He also has experience of representing employees from such institutions; and of representing teachers in internal disciplinary proceedings, e.g. before a school board of governors. He also has experience of representing clients from other industry sectors such as dentistry; health and social care; and local government. Recent examples of his work include:

• Representing a Claimant care worker in a three-day unfair dismissal; age discrimination; and unlawful deduction from wages trial.

• Representing a Respondent in a PHR concerning whether an employee suffering from depression satisfied the section 6 EA 2010 definition of disability; and whether the Respondent had actual or constructive knowledge for the purposes of claims under sections 15 and 20 of the EA 2010.

• Representing both Claimants and Respondents in numerous single and multi-day unfair dismissal trials, including redundancy-related dismissals; unfair constructive dismissals; and ‘forced resignation’ dismissals.

• Representing a Respondent in an unfair dismissal trial concerning sections 43A – L and 103A of the ERA 1996 (the ‘whistle blowing’ provisions). Alex has also represented Respondents at PHR in order to strike out claims for automatic unfair dismissal under section 103A.

• Representing both Claimants and Respondents in trials concerning unlawful deduction from wages.

• Representing both Claimants and Respondents at numerous PHRs, for example: strike out of a claim of race discrimination; determination of a preliminary issue as to whether a dentist working in private practice was an employee or a worker; strike out of an employee’s claim for sex and disability discrimination brought against an institute of further education.

• Representing a respondent in a two-day automatic unfair dismissal pregnancy-related discrimination trial; which also included claims for harassment and detriment under the ERA 1996; Maternity and Paternity Leave etc. Regulations 1999; and the EA 2010. 

• Providing advice and successfully representing a special educational needs teacher in an internal disciplinary hearing before a board of school Governors of an independent special school in a case concerning allegations of gross misconduct and pupil welfare.

• Representing an institute of further education in a claim for discrimination and victimisation brought by an unsuccessful job applicant.

• Advising a Research Fellow of a prestigious university as to the merits of a claim for unfair dismissal following a gross misconduct dismissal.

• Drafting an Answer to grounds of appeal to the Employment Appeal Tribunal concerning an allegation of the apparent bias of a Tribunal Judge which involved the application of Porter v McGill [2001] UKHL 67 as interpreted in cases such as BLP UK Ltd v Marsh [2003] EWCA Civ 132 in an Employment Tribunal-specific context.

• Providing advice on the merits and value of a complicated employment agency-related claim, as to whether the claimant could bring a claim for unfair dismissal against the end-user under section 103A of the ERA 1996 as an employee due to an implied relationship of employment; or, alternatively, as a worker due to detriment suffered under sections 47B and 43K. Issues relating to direct race discrimination and harassment under the EA 2010; breach of contract; and the Agency Worker Regulations 2010 also arose herein.

• Providing advice on the merits of a claim for indirect sex discrimination and constructive dismissal claim which also concerned the application of sections 80F – I of the ERA 1996 (the flexible working provisions); the Flexible Working (Procedural Requirements) Regulations 2002; and the Flexible Working (Eligibility, Complaints and Remedies) Regulations 2002.