Katherine Anderson

Year of Call: 2005
Email Address: katherine.anderson@3pb.co.uk
Telephone: 0117 928 1520

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Overview

Katherine is an experienced education and employment law specialist who offers first class customer service, legal advice and advocacy.

Her practice now encompasses:

  • Employment
  • Education.

Katherine has undertaken a number of successful judicial and private mediations as an Accredited Mediation Advocate.

Katherine was educated at Cambridge University, United Kingdom, and Harvard University, United States. She completed her postgraduate Diploma in Law at City University and her Bar Vocational Course at BPP School of Law, where she was graded ‘Outstanding’. She has been a tenant of 3PB Barristers since the completion of her pupillage there.

Expertise

  • Employment and discrimination
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    Katherine is an experienced employment law specialist who has acted for and advised claimant and respondent employers in the private, public and not-for-profit sectors.

    She offers particular expertise in relation to disability and other discrimination cases with a personal injury mental health aspect.

    By way of example, recent cases include:

    • A claim of alleged disability discrimination, relating to depression and  stress at work, providing detailed advice in relation to case preparation
    • Representation of a claimant manager in a high value claim for unfair dismissal and victimisation
    • Representation of a respondent manager defending a race discrimination claim brought by the deceased’s executors with a high value personal injury aspect
    • Representation of a respondent School Governing Body in relation to an unfair dismissal claim brought by an employee accused of lying about her qualifications
    • Representation of a respondent nursery provider in relation to an unfair dismissal claim brought by an employee accused of sexual abuse of a child
    • An alleged constructive “whistle-blowing” dismissal where the employee complained of a dangerous workplace

    She has undertaken a number of successful judicial and private mediations as an Accredited Mediation Advocate.

    In her employment practice she has a particular interest in the education sector and has acted in employment cases concerning staff at nurseries, schools and universities (see also Katherine’s Education Law profile).

    Publications

    • 3rd Jul 2020

      3PB's employment law barrister Katherine Anderson reviews the case of Fottles v Bourne Leisure.

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    • 1st May 2020

      Rakova v London North West Healthcare NHS Trust UKEAT/0043/19/LA

      Employees can often complain where they feel that their managers are not giving them the tools they need to do their jobs efficiently, effectively or productively. How does that situation relate to a disability discrimination claim for failure to make reasonable adjustments? This decision provides some guidance on the approach to be taken by the Tribunals in claims of disability discrimination by reason of a failure to make reasonable adjustments.

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    • 7th Apr 2020

      Coronavirus Job Retention Scheme – how does it fit with the existing law on lay-offs and short-time working?

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    • 27th Mar 2020

      An employer's guide to the Coronavirus Job Retention scheme and furloughing staff: an analysis for Business West by Katherine Anderson.

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    • 3rd Mar 2020

      Long term disability benefits: it all depends on the contract. Katherine Anderson on ICTS (UK) Limited v VISRAM [2020] EWCA Civ 202

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    • 7th Feb 2020

      Reasonable adjustments – Is it relevant that the employee didn’t mention them? Katherine Anderson analyses Shah v TIAA Ltd UKEAT/0180/19/BA, following her successful representation of the respondent employer in this appeal before the EAT.

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    • 8th Nov 2019

      Legal advice privilege: Katherine Anderson analyses Curless v Shell International Ltd [2019] EWCA Civ 1710

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    • 13th Apr 2017

      3PB Employment Barrister Katherine Anderson examines the implications of Peninsula v Baker on employer liability for acts of victimisation. Katherine Anderson examines if an employer can escape "scot-free" from liability for an act of victimisation if it is 'astute enough' to instruct an innocent third party – or employee - to carry it out.

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  • Education
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    Katherine is an experienced education law specialist with a particular interest in special educational needs. She is familiar with the issues that may arise in relation to mental capacity in education cases.

    She accepts instructions from local authorities, schools, parents, young people, students and universities, as well as employers/employees in the education sector, in relation to:

    • Appeals and claims before the First-tier Tribunal (Special Educational Needs and Disability)
    • School admissions
    • School exclusions
    • Equality Act 2010 claims in the civil courts
    • Judicial review
    • Employment tribunal proceedings (see also Katherine’s Employment law profile).

    Recent cases:

    Katherine has acted in many complex cases concerning special educational, health and social care for post-16 and post-19 year olds in Education and Health and Care plans, including under the National Trial.

    She has recently acted in appeals to the Upper Tribunal regarding the special educational provision for a physically disabled child with a fluctuating health condition, and regarding the interrelationship between the social care and special educational provision in an EHC plan for a young person over 19 years of age.

    Other recent cases have involved disputes around:

    • Educational negligence
    • Home education of a child for medical reasons
    • Special educational provision for children outside of the normal school day
    • The level of therapeutic provision reasonably required to meet a child’s special educational needs
    • Sensory profiles as special educational provision
    • Disability discrimination – school exclusions
    • Disability discrimination – failure to make reasonable adjustments
    • Disability discrimination claims against universities by students who were required to withdraw from their courses.

    Katherine also provides training in education law to a variety of different audiences, including local authorities, solicitors, university student advisors, lay panel members and educational experts.

    She is herself a parent of young children.

    Reported Case:

    RB v Calderdale MBC (SEN): [2018] UKUT 390 (AAC)

Academic qualifications

  • Cambridge University, United Kingdom
  • Harvard University, United States
  • Postgraduate Diploma in Law at City University
  • Bar Vocational Course at BPP School of Law (Outstanding)

Scholarships

Inner Temple Exhibition
Professional Qualifications and Appointments
Accredited Mediation Advocate

Professional qualifications & appointments

Accredited Mediation Advocate

Professional bodies

Employment Law Bar Association (ELBA)

Direct Access

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

More Information

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