Grace Nicholls 9 10 20 2

Grace Nicholls

Year of Call: 2015
Email Address: grace.nicholls@3pb.co.uk
Telephone: 01962 868 884

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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:

  • Representing a Respondent in a multi-day disability discrimination and unfair dismissal claim (hybrid hearing) [2020]
  • Acting for a Claimant in a multi-day hearing on victimisation [2020]
  • Representing a Respondent at a substantive Preliminary Hearing on significant time and amendment issues [2020]
  • Representing a Respondent at a multi-day unfair dismissal claim [2020]
  • Acting for a Claimant in an 8 day hearing involving issues of unfair dismissal, discrimination arising from disability, direct discrimination and harassment [2019]
  • Representing a Respondent at final hearing in a capability dismissal claim [2019]
  • Acting for a Claimant in a multi-day TUPE claim [2019]
  • Representing a Respondent (on paper) to deal with substantive jurisdictional matters [2019]
  • Representing several Defendants (on paper) in striking out multiple claims brought by a Claimant [2019]

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:

  • H v ABS [2020] – Successfully represented the Respondent in an unfair dismissal claim.
  • H v PCL [2020] – Successfully represented the Claimant in a s100 and breach of contract claim.
  • A v DXNL [2020] – Successfully represented the Respondent in an unfair dismissal claim.
  • C v JT [2020] – Successfully represented the Respondent in a s13, s15 and s20 disability discrimination trial.
  • M v SC [2020] - Successfully represented the Respondent in a s103A and unfair dismissal trial.
  • Articles
    • Decision to remove magistrate for “preconceived beliefs” not religious discrimination nor victimisation

      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.

      View Article
    • “Lost years claims”: a rare re-opening following determination on damages

      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''.

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    • Eight Changes to the Employment Tribunal Rules for 2020

      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.

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    • Foster carers were employees of the Council

      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.

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    • Time after time: Wilson Barca LLP v Shirin UKEAT/0276/19/BA

      3PB's employment law barrister Grace Nicholls reviews the case of Wilson Barca LLP v Shirin UKEAT/0276/19/BA.

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    • Changing contractual terms (or not!) in a TUPE Transfer

      Changing contractual terms (or not!) in a TUPE Transfer – Ferguson and ors v Astrea Asset Management Ltd [2020] UKEAT0139/19

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    • WM Morrisons Supermarkets plc v Various Claimants - [2020] UKSC 12

      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.

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    • Jhuti in the context of unfair dismissal proceedings

      Jhuti in the context of unfair dismissal proceedings. Grace Nicholls analyses Uddin v London Borough of Ealing UKEAT/0165/19/RN -

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    • Strike Out: seriousness of default and possibility of a fair trial require careful consideration

      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.

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    • Covert recording in a PI claim: ramifications for Employment Tribunals?

      Covert recording in a PI claim: ramifications for Employment Tribunals? Grace Nicholls analyses Mustard v Flowers & Ors [2019] EWHC 2623 (QB)

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    • Court of Appeal: Decision not to deploy disabled employee on overseas assignment was not disability discrimination

      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

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  • Recommendations

    "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

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Academic qualifications

  • LLB Law, Durham University
  • BPTC, Kaplan Law School

Professional bodies

  • Employment Law Bar Association
  • Employment Lawyers Association
  • Bar Pro Bono Unit
  • Personal Injuries Bar Association

Direct Access

Grace Nicholls is qualified to accept instructions directly from members of the public and professional clients under the Direct Public Access scheme.

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