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 Nicholls acts for Claimants and Respondents and accepts instructions in all areas of employment law.

She has appeared in tribunals (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 and indirect discrimination, discrimination arising from disability, failure to make reasonable adjustments, harassment, victimisation and equal pay), unlawful deductions from wages, commission issues, redundancy, whistleblowing and substantive jurisdictional issues.

She has been instructed by a wide range of clients, ranging from individuals to local authorities, recruitment agencies, and companies in the leisure, hospitality, tourism, retail and pharmaceutical industries. She also has experience acting for charitable organisations.

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 2021, Grace has already successfully represented clients in cases involving the following allegations:

  • M and ors v WW and ors [2021]
    Successfully represented the Respondent in a 2-day claim on employer identity
  • S v DL [2021]
    Successfully represented the Respondent in a 4-day disability discrimination and unfair dismissal claim
  • L v ML [2021]
    Successfully represented the Respondent in a 1-day unfair dismissal claim
  • L v SVM [2021]
    Successfully represented the Claimant in a 2-day wrongful dismissal claim
  • P v AUL [2021]
    Successfully represented the Respondent in a 3-day disability discrimination claim
  • H v WSM [2021]
    Successfully represented the Respondent in a 1-day claim involving substantive time issues
  • S v KE [2021]
    Successfully represented the Respondent in a 5-day constructive dismissal claim
  • F v SBM [2021]
    Successfully represented the Respondent in a 3-day sex, race and sexual orientation discrimination claim
  • C v MC [2021]
    Successfully represented the Respondent in a 1-day unfair dismissal claim

In late 2020, Grace successfully represented clients in cases involving the following allegations:

  • 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 DL [2020]
    Successfully represented the Respondent in an unfair dismissal claim
  • C v JT [2020]
    Successfully represented the Respondent in a disability discrimination claim
  • M v SC [2020]
    Successfully represented the Respondent in a s103A and unfair dismissal claim
  • Articles
    • Chronology is king: strike out in the EAT

      Grace Nicholls reviews the case of A v B UKEATS/0042/19/SS(V) in which practitioners are reminded that while every strike out application is naturally very fact sensitive, when such applications are made, the basis for seeking them under rule 37 needs to be made clearly, with, as far as possible, a chronology of events set out in the clearest possible terms.

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    • 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.

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    • “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

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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