Employment and discrimination
Grace acts for both Claimants and Respondents and accepts instructions in all areas of employment law.
She has appeared in tribunals (both at preliminary and final hearings) nationally involving issues such as unfair dismissal (including constructive unfair dismissal), TUPE claims (including failure to inform and consult), discrimination (including direct discrimination, discrimination arising from disability, failure to make reasonable adjustments, harassment and victimisation), unlawful deductions from wages, commission issues, redundancy, whistleblowing and substantive jurisdictional issues. She has experience in particular with claims under the Equality Act in relation to the protected characteristics of race, religious belief, sex, disability and age.
She has also successfully represented employers in preliminary hearings where disability status is in issue.
She has been instructed by a wide range of clients, ranging from individuals to a national pharmaceutical company, local authorities, recruitment agencies, and companies in the leisure and tourism and pharmaceutical industries.
Her recent instructions include:
- Successfully representing a Respondent in a multi-day disability discrimination and unfair dismissal claim (hybrid hearing)
- Representing a Claimant in an 8 day hearing involving issues of unfair dismissal, discrimination arising from disability, direct discrimination and harassment
- Successfully representing a Respondent at final hearing in a capability dismissal claim
- Representing a Claimant in a multi-day hearing on victimisation
- Successfully representing a Claimant in a multi-day TUPE claim
- Successfully representing a Respondent at a substantive Preliminary Hearing on significant time and amendment issues
- Representing a Respondent (on paper) to deal with substantive jurisdictional matters
- Successfully representing several Defendants (on paper) in striking out multiple claims brought by a Claimant.
She has a busy practice drafting pleadings and providing written advice at various stages of litigation on a range of issues including advice on prospects and quantum. She also has experience drafting Notices of Appeal to the EAT.
Grace regularly provides case law updates including most recently on the case of Uddin v London Borough of Ealing UKEAT/0165/19/RN (the application of the Supreme Court decision in Jhuti in the context of unfair dismissal), Duncan Lewis Solicitors v Puar UKEAT/0175/19/RN (in relation to the correct approach to strike out), Mustard v Flowers and ors  EWHC 2623 (QB) (a decision in the context of civil litigation on the thorny issue of covert recordings) and Owen v AMEC Foster Wheeler Energy Ltd and anor  EWCA Civ 822 (in which the Court of Appeal held that the decision not to deploy on a overseas assignment did not to constitute disability discrimination).
1st Jul 2020
3PB's employment law barrister Grace Nicholls reviews the case of Wilson Barca LLP v Shirin UKEAT/0276/19/BA.
2nd Jun 2020
Changing contractual terms (or not!) in a TUPE Transfer – Ferguson and ors v Astrea Asset Management Ltd  UKEAT0139/19
1st May 2020
WM Morrisons Supermarkets plc v Various Claimants -  UKSC 12
The Supreme Court held that there was no vicarious liability for a 'personal vendetta' by one of of the supermarket company's former employees.
Lord Reed concluded that motive was not irrelevant (and the distinction between acting on his employer’s business or for purely personal reasons was highly relevant). The Supreme Court concluded that the mere fact of employment giving someone an opportunity to do something is not sufficient to impose vicarious liability.
3rd Mar 2020
Jhuti in the context of unfair dismissal proceedings. Grace Nicholls analyses Uddin v London Borough of Ealing UKEAT/0165/19/RN -
7th Feb 2020
Strike Out: seriousness of default and possibility of a fair trial require careful consideration. Grace Nicholls analyses Duncan Lewis Solicitors v Puar UKEAT/0175/19/RN.
8th Nov 2019
Covert recording in a PI claim: ramifications for Employment Tribunals? Grace Nicholls analyses Mustard v Flowers & Ors  EWHC 2623 (QB)
7th Jun 2019
Court of Appeal: Decision not to deploy disabled employee on overseas assignment was not disability discrimination. Grace Nicholls analyses Owen v AMEC Foster Wheeler Energy Ltd and another
- LLB Law, Durham University
- BPTC, Kaplan Law School
- Employment Law Bar Association
- Employment Lawyers Association
- Bar Pro Bono Unit
- Personal Injuries Bar Association
Faizul Azman edits July's employment and discrimination law newsletter
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Personal Injury newsletter out now featuring the latest news and case updates
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Employment case law update now available
3PB barristers Grace Nicholls and Sarah Bowen bring you a round-up of relevant case law updates in this 20-minute briefing. During this recorded case law updat...Read more