Katherine ANDERSON 560x670 1

Katherine Anderson

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

How to use the Shortlist tool?

Employment and discrimination

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).

  • Articles
    • Two differently constituted tribunals reached different conclusions on the same compulsory retirement policy – but neither made an error of law

      Katherine 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.

      View Article
    • Reasonable adjustments claims: PCPs are not designed to be ‘traps for the unwary’

      Katherine 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.

      View Article
    • Is mere suspicion of guilt enough to dismiss a teacher because of safeguarding concerns?

      Katherine 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.

      View Article
    • Was a claimant prevented from pursuing a personal injury claim in the civil courts for abuse of the court process?

      Katherine 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.

      View Article
    • Can a claimant who has not paid her taxes succeed in a claim for wrongful or unfair dismissal?

      Katherine 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.

      View Article
    • What is “conduct extending over a period” and how and when should that question be determined?

      L 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.

      View Article
    • 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?

      Employment law barrister, Katherine Anderson analyses the case of Robinson v Department for Work and Pensions [2020] EWCA Civ 859 (7th July 2020).

      View Article
    • Attending a court to give evidence for the employer is not ‘‘work’’ for the purposes of the ‘furlough’ scheme

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

      View Article
    • Disability discrimination claim for failure to make reasonable adjustments? – Rakova v London West Healthcare NHS Trust UKEAT/0043/19/LA

      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.

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

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

      View Article
    • Long term disability benefits: it all depends on the contract

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

      View Article
    • Reasonable adjustments – Is it relevant that the employee didn’t mention them?

      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.

      View Article
    • Legal advice privilege

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

      View Article
    • The implications of Peninsula Business Service Ltd v Baker UKEAT/0241/16/RN on employer liability for acts of victimisation

      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.

      View Article
  • Recommendations

    A strong advocate who enjoys a varied caseload which covers employment and education law.
    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 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

    A strong advocate who enjoys a varied caseload which covers employment and education law.
    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

View Full CV
  • The Legal 500 - Leading Individual 2022 Logo
  • Top Ranked Chambers - Leading Set 2020 - UK Bar Logo

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 & 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