Grace boorer 2

Grace Holden

Year of Call: 2016
Email Address: [email protected]
Telephone: 01865 797 700

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Clerk Details

  • Clerk Name: Russell Porter
  • Clerk Telephone: 01865 793 736
  • Clerk Email: [email protected]

Employment and discrimination

Grace Holden acts for both claimants and respondents in preliminary and final hearings in the Employment Tribunal, as well as drafting and advising on the full range of employment disputes and issues.

Grace is proactive in tactically managing cases from an early stage and she makes effective use of preliminary hearings. Her recent work in preliminary hearings includes:

  • Achieving strike out for unmeritorious discrimination claims.
  • Obtaining deposit orders for claims of whistleblowing.
  • Advising upon and successfully challenging disability status, thereby significantly reducing the listing of a finding hearing.
  • Being involved in case management of a multi-party matter, involving test cases.

Grace has represented both claimants and respondents in multi-day final hearings. Her recent work includes:

  • Successfully achieving the dismissal of all claims of whistleblowing detriment and failure to make reasonable adjustments in a 10 day final hearing.
  • Successfully defending claims of unfair dismissal, disability discrimination and victimisation in an 8 day final hearing.
  • Representing a respondent in a complex claim brought by two claimants, involving an alleged TUPE transfer; achieving the successful dismissal of the race discrimination claims and limiting dismissal-related losses to just over £7000 in total.
  • Successfully achieving a finding of unfair dismissal for two claimants in a complex 7-day hearing.
  • Successfully achieving dismissal of multiple allegations of race discrimination within 2 days of a hearing listed for 5 days.
  • Successfully defending claims of whistleblowing detriment in a 4 day hearing.
  • Successfully defending claims of unfair dismissal in multiple 2 day hearings.
  • Successfully defending claims of unfair dismissal and age discrimination in a 2 day hearing.
  • Successfully defending claims of race discrimination and disability discrimination in a 2 day hearing.
  • Successfully defending claims of race and religious discrimination in a 5 day hearing.
  • Representing a respondent in a 5 day case, resulting in the successful dismissal of claims of race discrimination, disability discrimination and harassment.
  • Acting as junior counsel in the successful defence of an 8 day sex-related harassment and victimisation claim, which included drafting 7 supporting statements.

Grace also has experience of handling employment disputes in the County Court, and is familiar with the civil jurisdiction. Her work includes:

  • Advising on restrictive covenants.
  • Drafting pleadings and defences.
  • Representing parties in both contractual claims and discrimination claims in the County Court.

She drafted pleadings for and advised on a complex multi-party breach of contract claim, which resulted in a very favourable early settlement for the claimant.

  • Articles

    • No explanation for delay? Not decisive, rules EAT

      31st Aug 2023

      Grace Holden considers Owen v Network Rail Infrastructure Ltd [2023] EAT 106, a case in which the EAT ultimately confirms previous decisions of the EAT that the lack of an explanation as to why a claim is brought late is not a pre-requisite to extension of time being granted, but is of particular relevance.

      The judgment provides useful learning points and reminders for practitioners dealing with just and equitable time extension arguments.

      View Article

    • Can a right to pay during suspension be implied into the contract of a bank worker where that contract is silent?

      29th Oct 2021

      Grace Boorer analyses Agbeze v Barnet Enfield and Haringey Mental Health NHS Trust EA-2020-000413-VP, in which the EAT found that where a worker’s contract requires something more than being ready, willing and able to work in order to receive wages, a term is not implied that the worker is entitled to be paid on suspension in absence of a contractual provision on the point.

      View Article

    • Determining the question of motivation in whistleblowing claims is not always as complicated as it seems

      10th Aug 2021

      University Hospital of North Tees & Hartlepool NHS Foundation Trust v Ms L Fairhall [2021] 6 WLUK 454

      Grace Boorer reviews University Hospital of North Tees & Hartlepool NHS Foundation Trust v Ms L Fairhall [2021] 6 WLUK 454, a case providing a timely reminder to practitioners that in most cases it is not necessary to complicate whistleblowing determinations, notwithstanding the decision in Jhuti.

      View Article

    • Disability status and the assessment of the ‘long-term’ adverse effect

      7th May 2021

      Grace Boorer reviews All Answers Ltd v Mr W and Ms R [2021] EWCA Civ 606, a discrimination case in which the Court of Appeal reasserts the importance of considering all the elements of the disability status test under s6 and schedule 1 of the Equality Act 2010, and that it is crucial to consider the question of whether an impairment had lasted or was likely to last at least 12 months at the date of the discriminatory acts.

      View Article

    • Court of Appeal confirms the causative approach to the ‘material factor test’ in equal pay claims

      8th Sep 2020

      Court of Appeal confirms the causative approach to the ‘material factor test’ in equal pay claims
      Grace Boorer looks at Walker v Co-Operative Group Ltd & Anor and identifies some important practical considerations to avoid falling into error when considering material factor defences.

      View Article
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