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:
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.
In late 2020, Grace has acted in the following cases:
Page v Lord Chancellor and ors [2021] EWCA Civ 254
Specialist employment law barrister Grace Nicholls reviews Page v Lord Chancellor and ors [2021] EWCA Civ 254, a case in which a magistrate expressed views about the appropriateness of the adoption of a child by a same sex couple based on his religious views and refused to sign the order approving the adoption.
Head (Executrix of the Estate of Michael Head deceased) v The Culver Heating Company Limited [2021] EWCA Civ 34
Grace Nicholls analyses Head (Executrix of the Estate of Michael Head deceased) v The Culver Heating Company Limited [2021] EWCA Civ 34 a case concerning ''lost years claims''.
Eight Changes to the Employment Tribunal Rules for 2020
Grace Nicholls sums up the likely implications of the eight new Employment Tribunals rules announced by the government to increase flexibility within the Employment Tribunal system.
Foster carers were employees of the Council
In Glasgow City Council v Johnstone, the employment status of foster carers is called into question. Grace Nicholls provides an analysis.
3PB's employment law barrister Grace Nicholls reviews the case of Wilson Barca LLP v Shirin UKEAT/0276/19/BA.
Changing contractual terms (or not!) in a TUPE Transfer – Ferguson and ors v Astrea Asset Management Ltd [2020] UKEAT0139/19
WM Morrisons Supermarkets plc v Various Claimants - [2020] 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.
Jhuti in the context of unfair dismissal proceedings. Grace Nicholls analyses Uddin v London Borough of Ealing UKEAT/0165/19/RN -
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.
Covert recording in a PI claim: ramifications for Employment Tribunals? Grace Nicholls analyses Mustard v Flowers & Ors [2019] EWHC 2623 (QB)
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
"Grace successfully represented us in defending an unfair dismissal claim. Grace’s ability to rapidly assimilate, present and recollect relevant detail was exceptional, as was her sound and persuasive reasoning throughout proceedings" - Recent client
"I found Grace to be very efficient and effective. I greatly appreciated her detailed grasp and understanding of the case facts. It was particularly impressive how she was able to quickly regather her thoughts and questioning when new and unexpected information materialised. I would have no hesitation of recommending her services to others" - Recent Client
Grace Nicholls is qualified to accept instructions directly from members of the public and professional clients under the Direct Public Access scheme.
More InformationWelcome to April's newsletter In this edition we welcome Mathew Gullick QC's appointment as Silk and our new tenant Alex Leonhardt. We also introduce you to our new on-line employment law resources. Our team has reviewed the judgments in the following cases: Royal Mencap Society v Tomlinson-Blake & Others [2021] UKCS 8; Asda Stores Ltd v Brierley; Rodgers v Leeds Laser Cutting Ltd; Mallon v AECOM Ltd; Page v Lord Chancellor and ors; Smith v Pimlico Plumbers Ltd UKEAT/0211/19/DA and...
Continue readingWelcome to March's newsletter In our latest edition we bring you employment law news on unwarranted media criticism of the ET system and revocation of the Public Sector Exit Payment Cap together with our latest webinar. Our team has analysed key employment law cases in written form, including the Uber case. Finally, we invite you to register for our employment law webinar of 21 April. Sign up for employment news Media criticism of the ET system receives...
Continue readingIn our latest edition we bring you employment law news on harassment, Covid-19 and its impact on discrimination matters and hearings.
Our team has analysed key employment law cases in written as well as podcast and video formats.
Finally, we invite you to register for our first live employment law webinar of 2021, due to take place on 18 February.
This month's round up of all the latest employment case law is now available in both podcast and video form! Karen Moss and Grace Nicholls take you through their analyses of two of the most significant cases decided in December 2020. Karen talks about Quilter Private Client Advisers v Falconer and Continuum (Financial Services) LLP; whilst Grace takes us through Steer v Stormsure Ltd in the Employment Appeal Tribunal. Quilter and Falconer is a case...
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