Alex Leonhardt analyses Clark v Middleton and anor [2022] EAT 31, a case in which the EAT considered the ET's discretion to make (or not make) an award of compensation for breaches of TUPE Regulations, and the effect of withdrawal of a claim on a defendant's liability to pay compensation, in circumstances where the claimant has no freestanding right to bring a claim against
them.
Clerk Details
- Clerk Name: Chris Mitchell
- Clerk Telephone: 020 7583 8055
- Clerk Email: chris.mitchell@3pb.co.uk
Employment and discrimination
Alex can provide advice, drafting and representation in relation to the full range of employment cases. He also has experience of advising on jurisdiction and Equality Act claims brought in the County Court.
His recent cases include:
- Successfully representing a claimant in a claim for an unpaid bonus, where the maximum potential bonus was recovered
- Appearing on behalf of a respondent, successfully defending an unfair dismissal and protected disclosure claim
- Providing advice and drafting on jurisdiction issues arising from the State Immunity Act
- Advising and drafting in relation to a discrimination claim brought in the County Court.
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Articles -
Merely technical breaches of TUPE, and can liability survive a withdrawal?
5th May 2022View Article -
On the limits of “firing and re-hiring”
28th Feb 2022View ArticleAlex Leonhardt analyses USDAW & Ors v Tesco Stores Limited [2022] EWHC 201 (QB), in which the High Court considered the restraints on the ability of employers to terminate with notice in order to impose new terms, in circumstances where there had been a prior commitment to keep a particular term.
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Court of Appeal on vicarious liability and “horseplay” in the workplace
1st Feb 2022View ArticleChell v Tarmac Cement and Lime Ltd [2022] EWA Civ 7,
Alex Leonhardt reviews Chell v Tarmac Cement and Lime Ltd [2022] EWA Civ 7, in which the Court of Appeal considers both vicarious liability for employees’ practical jokes or “horseplay” and a purported direct duty on employees to prevent the same, with some useful commentary on the relevance of tension or animosity between staff when that contributes to an employees’ wrongdoing.
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No anonymity order for former stripper
28th Oct 2021View ArticleAlex Leonhardt reviews A v Burke & Hare (EA-2020-SCO-0000067-DT), a case in which the EAT concludes that applications for anonymity orders need to be supported by robust evidence on harm that will arise to the party, going beyond mere embarrassment or social opprobrium, with evidence of impact on labour market outcomes potentially considered relevant and sufficient.
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Strike-out applications of discrimination claims: approach with particular caution
8th Apr 2021View ArticleMallon v AECOM Ltd, UKEAT/0175/20/LA (V)
Employment and civil law barrister Alex Leonhardt analyses Mallon v AECOM Ltd, UKEAT/0175/20/LA (V), a case in which the EAT again urged caution in the use of strike-out applications in discrimination cases, and warned against only considering the first of the three duties under s20 of the Equality Act in reasonable adjustment claims.
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Academic qualifications
- Bar Professional Training Course, Cardiff University 2017-18 (Very competent)
- Graduate Diploma in Law, Cardiff University, 2016-17 (Distinction)
- MA Political Philosophy, University of York, 2011-2012 (Distinction)
- BA (Hons) Philosophy, University of Cambridge, 2005-2008
Scholarships
- Astbury Scholarship (Major Award), Middle Temple
- Harmsworth Entrance Exhibition, Middle Temple
- Campbell Foster Prize for performance on the BPTC, Middle Temple