Employment and discrimination
Karen is an employment law specialist. Employment tribunal work has included both Claimant and Respondent work relating to unfair dismissal (substantive and procedural, constructive or actual), wrongful dismissal, discrimination (sex, sexual orientation, race, age, disability, religion and belief; direct and indirect), harassment, victimisation, stress at work claims, unlawful detriment claims, equal pay claims, TUPE, breach of contract, PIDA/whistleblowing claims, working time and unlawful deductions from wages. She has a particular interest in disability discrimination claims, including failure to make reasonable adjustments, and race and sex discrimination claims.
She is also regularly instructed to appear or to advise in matters of employment-related insolvency and judicial or other employment mediations. She has been instructed to draft a wide variety of employment pleadings and frequently advises parties pre- and post-action in industrial relations matters generally and tribunal and/or county court and/or High Court litigation, including post-termination restrictions and injunctive proceedings. She regularly appears in the Employment Appeal Tribunal and has appeared in the Court of Appeal on employment matters.
Karen undertakes work via Direct Access for lay clients, on Conditional Fee and Damages Based Agreements and on a pro bono basis in appropriate cases. Additionally she has represented parties in judicial and other mediations regarding employment and wider commercial disputes.
She gives lectures, seminars and produces training material on the development of employment law to solicitors, human resources and other professionals.
Reported and interesting appellate cases:
Baldeh v Churches Housing Association of Dudley & District Ltd UKEAT/0290/18/JOJ
HHJ Shanks determined that where the original decision to dismiss was for disability-related reasons, without knowledge of the disability, but the appeal decision, upholding the dismissal was for the same reasons, with the requisite knowledge of a disability, that was actionable by an employee claiming to have been dismissed because of something arising in consequence of her disability. The ET had failed to apply the correct thresholds for liability under s.15 Equality Act 2010 and so the matter was remitted to a fresh tribunal
Philcox v CGDM Ltd TA Andrew Wilson & Co A2/2016/2804
May 2017 Representing the successful Respondent in the Court of Appeal, Lord Justice Underhill set aside the permission to appeal granted last year by Lord Justice Elias in this factually complex case involving multiple allegations of sex discrimination and unfair dismissal (EAT in February 2017 EAT/0819/16/DA).
Hampshire County Council v Wyatt UKEAT/0013/16/DA
October 2016 Represented the successful Respondent before the President of the Employment Appeal Tribunal Mrs Justice Simler DBE who gave invaluable guidance in relation to the divisibility of injuries and proportionate reduction of ITF and personal injury awards and on the use of medical evidence in employment tribunals for personal injury claims.
Pnaiser v NHS England and Coventry City Council  IRLR 170
November 2015 Represented the successful Appellant in showing that a prospective employer could be liable for discrimination arising in consequence of a disability, by relying on a reference which itself was discriminatory, even if the prospective employer did not know of the link between negative reference and the disability. The decision of the Tribunal overturned and a decision upholding her claims for disability discrimination was substituted.
Scotthorne v Four Seasons Conservatories (UK) Limited UKEAT/0178/10/ZT
Whether the Tribunal was correct not to order disclosure of documented advice from “Employment Consultants” or HR professionals who were not legally qualified on the grounds of either legal advice privilege or litigation privilege and the application of New Victoria Hospital v Ryan  IRLR 202 and Three Rivers DC v Bank of England (No.6)  1 AC 610.
Snows Motor Group Ltd v Palmerino UKEAT/1512/08DM
Whether the Tribunal had “slipped into the substitution mindset” following the Court of Appeal decision in London Ambulance v Small and the applicability of the statutory disciplinary procedures where detailed evidence had not been provided until the Step 2 hearing.
Lloyd-Briden v Worthing College  3 CMLR 27, EAT
The applicability and effect of the ECJ decision in Mangold on the age discrimination provisions before the implementation date in the UK.
London Borough of Camden v Price-Job UKEAT/0507/06/DM  All ER (D) 259 (Dec)
Question of whether the Tribunal correctly considered all relevant circumstances of Respondent to a DDA claim, and whether they considered the effect of s.3A(6) appropriately. Additionally the application of the law in relation to whether an appropriate assessment of an employee is a necessary pre-condition to reasonable adjustments.
Roberts v Valleyrose Ltd T/A Fernbank Nursing Home UKEAT/03944/06/D  All ER (D) 163 (Aug)
Question of whether the Tribunal was biased against the Appellant and whether the Appellant had had a fair opportunity to refute an allegation of bad faith in a PIDA claim.
11th Jul 2017
In a recent judgment in the Employment Appeal Tribunal – Hampshire County Council v Wyatt UKEAT/0013/16 (13 October 2016) – Mrs Justice Simler DBE gave important presidential guidance on the questions which frequently arise in discrimination remedy hearings when tribunals consider claims for non-pecuniary damages and/or where there might be competing causes of injury. Karen Moss
12th Jul 2017
Karen Moss has an article published on the impact of Wyatt v Hampshire County Council UKEAT/0013/16 on litigants claiming personal injury damages in the employment tribunal.
See www.pibriefupdate.com and the Personal Injury Brief Update Law Journal newsletter this month.
“Karen provided us with an excellent service in (a number of) cases. One case in particular involved two litigants in person and considerable documentation. The clients were extremely pleased with her handling of what was a sensitive case for them and of the successful result. Her manner with clients was good and put them at their ease. She has also performed well on cases where there was a need for greater intellectual input and skilful advocacy. Her reporting back is excellent. She is backed up by clerking at 3PB which is first class.”
“Karen was outstanding over the two days and secured the very best possible outcome for us.”
“I would also just like to say a massive thank you to you and to congratulate you on the excellent result yesterday, which I put entirely down to you. I am so impressed and I must say you have been a pleasure to work with throughout. I will 100% try and book you for any upcoming hearings I have in the future and cannot recommend you highly enough.”
“your understanding of these matters and the manner in which you conveyed it to what appeared to be the most strict judge ever, was great. Furthermore, your cross examination of the cohort of (claimants) certainly taught them a lesson and was a pretty merry occasion for the three judges who could not contain themselves sometimes at the answers being received as well as the manner in which you had shown these (claimants) to be lying about various if not all statements they had made earlier. You had clearly shown (the first claimant) potentially what would happen to her when her case started and she was very fearful of your attendance at her hearing. Even more so, you obtained a costs hearing and costs against the claimants… Once again our heartfelt thanks and gratitude for your assistance.”
"Karen's strategy, foresight in the approach and cross-examination seemed to me to be truly exceptional. I never for one moment expected that the Respondent would seek to settle part way through the hearing, and I am convinced their surprising haste to settle part-way through the hearing was completely due to Karen."
- LLB(Hons) from Sussex University
- BVC at Inns of Court School of Law
- Diplock scholar, Middle Temple
Professional qualifications & appointments
- ELAAS (the Employment Lawyers Appeals Advice Scheme)
- Accredited Mediation Advocate.
- Employment Law Bar Association
- Employment Lawyers Association
Karen Moss is qualified to accept instructions directly from members of the public and professional clients under the Direct Public Access scheme.More Information
3PB employment barrister Karen Moss persuades EAT the ET applied wrong thresholds for liability in relation to discrimination arising from disability
Karen Moss succeeded yesterday in the EAT in Baldeh v Churches Housing Association of Dudley & District Ltd UKEAT/0290/18/JOJ, persuading HHJ Shanks that wh...Read more
Karen Moss in successful appeal regarding pre-termination negotiations
Karen Moss has successfully appealed a judgment which wrongly excluded all pre-termination negotiations pursuant to s.111A ERA 1996, when such negotiations were...Read more
Successful appeal by Karen Moss results in award of maximum costs order by the employment tribunal
Following Karen Moss’s successful appearance before the Court of Appeal earlier this year, the employment tribunal in K v CGDM Ltd has just given a judgment f...Read more