Katherine Anderson analyses AECOM Limited v Mallon [2023] EAT 104, a case in which the EAT provides a useful review of the authorities on what reasonable enquiries an employer should make of a disabled job applicant.
Clerks Details
- Clerk Name: Russell Porter
- Clerk Telephone: 01865 793736
- Clerk Email: [email protected]
- Clerk Name: Tom Cox
- Clerk Telephone: 0117 928 1520
- Clerk Email: [email protected]
- Clerk Name: Gemma Faulkner
- Clerk Telephone: 020 7583 8055
- Clerk Email: [email protected]
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 Add this expertise to your shortlist 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).
-
Education Add this expertise to your shortlist 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)
-
Public and Regulatory Add this expertise to your shortlist Katherine is an expert in all aspects of education law, with a particular interest in special educational needs. She accepts instructions from local authorities, schools, parents, young people, students and universities, as well as employers/employees in the education sector. Her busy caseload also includes judicial review cases in the education sector.
-
Articles -
How pro-active should an employer be in making enquiries of a job applicant who indicates that they are disabled?
24th Aug 2023View Article -
A Tribunal's duty to seek clarification of what a claim intended
28th Jun 2023View ArticleKatherine Anderson considers the case of Mrs N Moustache v Chelsea and Westminster NHS Foundation Trust: [2022] EAT 204 in which the ET failed to adjudicate upon a claim though its particulars set out sufficient information for it to be considered.
-
Protection from detriment of employees warning of potentially harmful health and safety circumstances
5th Jun 2023View ArticleKatherine Anderson considers the case of Miles v Driver and Vehicles Standards Agency [2023] EAT 62 in which the EAT confirmed the scope of the word "at" in the wording "at a place where" of section 44 (1)(c)(i) of the Employment Rights Act 1996.
-
The importance of correctly identifying the relevant provision, criterion or practice (‘PCP’) and pool for comparison, in any indirect discrimination claims
5th Jun 2023View ArticleKatherine Anderson analyses Royal Parks Ltd v Boohene, Antwi and Others [2023] EAT 63, a case which asked whether workers employed by third-party contractors could rely on the principal's own employees as comparators in a claim of indirect race discrimination relating to rates of pay, under section 41 EqA.
-
The Upper Tribunal's power to protect the confidentiality of certain proceedings
28th Mar 2023View Article3PB experienced education law specialist Katherine Anderson summarises the case Re a Teacher (Rule 14 Order) which concerns the Upper Tribunal's power to protect the confidentiality of certain proceedings.
-
Considering the Tribunal's approach to costs
28th Mar 2023View Article3PB experienced education law specialist Katherine Anderson summarises the recent case JJ & EE v Buckinghamshire Council which concerned the Tribunal's approach to costs. This was an appeal to the Upper Tribunal arising out of parents' unsuccessful application to the First-tier Tribunal for a costs order against the local authority in a special education needs case.
-
The First-tier Tribunal (SEND) has no power to stay a permanent exclusion decision pending the final hearing of a disability discrimination claim, the Upper Tribunal confirms
8th Aug 2022View ArticleKatherine Anderson considers DB v Academy Transformation Trust (SEND) [2022] UKUT 66 (AAC) in which the Upper Tribunal held that the First-Tier Tribunal (SEND) has no power to stay a permanent exclusion decision pending the final hearing of a disability discrimination claim and considered First-tier and Upper Tribunal powers to regulate procedures or decisions outwith their own procedures.
-
The First-tier Tribunal (SEND) has no power to stay a permanent exclusion decision pending the final hearing of a disability discrimination claim, the Upper Tribunal confirms
8th Aug 2022View ArticleKatherine Anderson considers DB v Academy Transformation Trust (SEND) [2022] UKUT 66 (AAC) in which the Upper Tribunal held that the First-Tier Tribunal (SEND) has no power to stay a permanent exclusion decision pending the final hearing of a disability discrimination claim and considered First-tier and Upper Tribunal powers to regulate procedures or decisions outwith their own procedures.
-
Case Management Order unintentionally struck out claim
5th May 2022View ArticleKatherine Anderson reviews Mendy v Motorola Solutions UK Ltd and Others [2022] EAT 47, a case in which we are reminded that failure to adequately particuliarise a claim does not mean that it is not being pursued.
-
EAT confirms a claim cannot be brought for a quantum meruit under the unlawful deductions from wages jurisdiction...
25th Feb 2022View Article...but an employee may have a good claim in the ordinary courts. Katherine Anderson reviews Abellio East Midlands Ltd v Mr K Thomas [2022] EAT 20, a case in which an employee started a new role for their employer before details of the new salary had been agreed.
-
Two differently constituted tribunals reached different conclusions on the same compulsory retirement policy – but neither made an error of law
7th Oct 2021View ArticleKatherine Anderson analyses The Chancellor, Masters and Scholars of The University of Oxford v Professor Paul Ewart EA-2020-000128-RN, which highlights that proportionality assessment means it is possible for different ETs to reach different conclusions when considering the same measure adopted by the same employer in respect of the same aims.
-
Reasonable adjustments claims: PCPs are not designed to be ‘traps for the unwary’
3rd Sep 2021View ArticleKatherine Anderson considers Mrs A Martin v City and County of Swansea: EA-2020-000460-AT (Previously UKEAT/0253/20/AT), a case which confirms the importance of properly identifying PCPs in reasonable adjustments claims, whilst deterring respondents’ lawyers from taking overly technical points on pleading.
-
Is mere suspicion of guilt enough to dismiss a teacher because of safeguarding concerns?
3rd Sep 2021View ArticleKatherine Anderson analyses the Court of Session's decision in L v K [2021] CSIH 35, a case involving a scenario which practitioners may have encountered before among employers concerned with the safeguarding of children.
-
Was a claimant prevented from pursuing a personal injury claim in the civil courts for abuse of the court process?
3rd Sep 2021View ArticleKatherine Anderson examines Farnham-Oliver v RM Educational Resources Ltd [2021] EWHC 2418 (QB), the latest in a line of claims where an employee whose claim is compromised in the ET, finds it is then struck out in civil proceedings for abuse of the court’s process.
-
Can a claimant who has not paid her taxes succeed in a claim for wrongful or unfair dismissal?
7th Jul 2021View ArticleKatherine Anderson analyses Robinson v His Highness Sheikh Khalid Bin Saqr Al-Qasimi [2021] EWCA Civ 862, a case which highlights the key principles to be applied where an employer raises a defence of illegality, a potential defence which is often considered by employers in disputes over employee status where tax and national insurance have not been paid on the basis that the claimant was an employee.
-
What is “conduct extending over a period” and how and when should that question be determined?
8th Apr 2021View ArticleL v 1) X 2) Z & 3) E UKEAT/0080/20/RN
Employment law barrister Katherine Anderson reviews L v 1) X 2) Z & 3) E UKEAT/0080/20/RN and examines the principles considered by the EAT in determining whether there was “conduct extending over a period” for the purposes of section 123 of the Equality Act 2010.
-
How the New National Restrictions to control the spread of Coronavirus (COVID19) impact education and school attendance
17th Nov 2020View Article3PB's specialist education law barrister Katherine Anderson reviews how the New National Restrictions to
control the spread of Coronavirus (COVID19) impact education and school attendance. -
Legal representation and cross-examination in university disciplinary proceedings and specific performance as a remedy - AB v University of XYZ
17th Nov 2020View Article3PB's Katherine Anderson reviews the case of AB v University of XYZ. Legal representation and cross-examination in university disciplinary proceedings and specific performance as a remedy.
-
Council wins Judicial Review challenge to academy order
21st Sep 2020View ArticleCouncil wins Judicial Review challenge to academy order
Katherine Anderson reviews Somerset County Council v Secretary of State for Education [2020] EWHC 1675 (Admin). -
Can a Tribunal use the “but for” test to decide whether a claimant was treated unfavourably because of something arising in consequence of their disability?
3rd Aug 2020View ArticleEmployment law barrister, Katherine Anderson analyses the case of Robinson v Department for Work and Pensions [2020] EWCA Civ 859 (7th July 2020).
-
Attending a court to give evidence for the employer is not ‘‘work’’ for the purposes of the ‘furlough’ scheme
3rd Jul 2020View Article3PB's employment law barrister Katherine Anderson reviews the case of Fottles v Bourne Leisure.
-
Disability discrimination claim for failure to make reasonable adjustments? – Rakova v London West Healthcare NHS Trust UKEAT/0043/19/LA
1st May 2020View ArticleRakova 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.
-
Coronavirus Job Retention Scheme – how does it fit with the existing law on lay-offs and short-time working?
7th Apr 2020View ArticleCoronavirus Job Retention Scheme – how does it fit with the existing law on lay-offs and short-time working?
-
Long term disability benefits: it all depends on the contract
3rd Mar 2020View ArticleLong term disability benefits: it all depends on the contract. Katherine Anderson on ICTS (UK) Limited v VISRAM [2020] EWCA Civ 202
-
Reasonable adjustments – Is it relevant that the employee didn’t mention them?
7th Feb 2020View ArticleReasonable 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.
-
Legal advice privilege
8th Nov 2019View ArticleLegal advice privilege: Katherine Anderson analyses Curless v Shell International Ltd [2019] EWCA Civ 1710
-
The implications of Peninsula Business Service Ltd v Baker UKEAT/0241/16/RN on employer liability for acts of victimisation
13th Apr 2017View Article3PB 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.
-
-
Recommendations Katherine Anderson is a strong advocate who enjoys a varied caseload which covers employment and education law. She is active in discrimination claims and EAT appeals.
Strengths: “Katherine was very helpful. I would recommend Katherine to colleagues.”
“Katherine is a very skilled advocate with substantial legal analytical skills.”
“Katherine's very responsive; she provided particularly useful written submissions, and gave helpful advice in relation to strategy.”Chambers UK 2024/Employment/Western Bar
Strengths: “She is diligent and has great attention to detail.”
“She is technically excellent and a great advocate.”Chambers UK 2023/Employment/Western Bar
Strengths: "She has excellent attention to detail on difficult cases and responds extremely promptly." "She is diligent and has very great attention to detail. We consider her a very technically adept lawyer, who can really drive down into conflicting case law."
Chambers UK 2022/Employment/Western Bar
Strengths: "She is extremely thorough and detailed in her preparation and advice. She is meticulous in her attention to detail and excellent for complex cases."
Chambers UK 2021/Employment/Western Bar
‘Katherine is forensic in her approach. She looks at all angles and considers all options. A very diligent advocate. ’
Legal 500 2024/Education/Leading Junior/London Bar
‘Katherine is extremely bright, client-friendly and meticulous in her preparation and written work. ’
Legal 500 2023/Education/Leading Junior/London Bar
‘Katherine has a wealth of experience in SEND appeals and is very thorough in her approach; she is a robust advocate and her preparation is always meticulous.’
Legal 500 2022/Education/Leading Junior/London Bar
‘Highly intelligent, thorough in her work and is a tenacious barrister.’
Legal 500 2021/Education/Leading Individual/London Bar
Expand recommendations
Related Articles
-
24 November - Black Friday discount on ‘A Practical Guide to EHC Plan Appeals' by Katherine Anderson
Law Brief Publishers have announced a one-day ‘Black Friday’ discount of 25% on Katherine’s detailed practitioner’s guide to this fast-growing and changing area of law, launched in June this year. The book, which usually retails for £69.99, will be on sale for £52.50. If you want to access the discount on ‘A Practical Guide to EHC Plan Appeals,' please click here anytime on Friday 24 November. About the book: This is a detailed practitioner’s guide to...
Continue reading -
3PB Barristers congratulates its Employment and discrimination law team for achieving 3 new rankings in the Midlands, while retaining its Band 1 ranking in two Circuits (Western and South Eastern) in Chambers and Partners’ 2024 edition published today. The team increases its rankings to a total of 18 individual rankings, up from 15 last year, in London, Western and South Eastern, and adds the Midlands as a Circuit in which its expertise is recognised. Client...
Continue reading -
3PB is delighted to report the promotion of its Education law team to TIER 3 in London. The team has attracted a total of 9 rankings in the Legal 500’s 2024 edition published today: 7 of our barristers are ranked in London, 2 of them are also recommended for the work they do in the Midlands and Wales. This promotion in the Legal 500 follows a great year for the team, in which Alice de...
Continue reading -
Welcome to the 9th edition of our education law newsletter. Edited by Jim Hirschmann and Katherine Anderson, it features analysis and contributions from head of team Charlotte Hadfield, Katherine Anderson (who celebrated the publishing of her book), Emma Waldron, Olivia McGonigle, Jim Hirschmann and pupil Rosa Thomas.
Continue reading
Case analysis covers: R (on the application of Swalcliffe Park School) v Wokingham Borough Council and another [2023] EWHC 1451 (Admin); R (on the application of AI) v London Borough of Wandsworth [2023] EWHC 2088 (Admin); MXX v A Secondary School [2023] EWCA Civ 99; and Manchester University Hospital NHS Foundation Trust v JS and Others [2023] EWCOP 33. The team also looks at potential student litigation that could arise out of the university marking and assessment boycott.
