Lachlan Wilson

Year of Call: 1996
Email Address: lachlan.wilson@3pb.co.uk
Telephone: 020 7583 8055

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Overview

Lachlan Wilson is an experienced barrister in all areas of education and employment law. He advises and represents individuals, employers, local authorities, schools, and charities. He has particular experience in cases of discrimination (race, religion, sex (including equal pay and disability)), school admissions, school exclusions, special educational needs, educational negligence, and whistleblowing. Lachlan's expertise and experience in these fields demands scrutiny and presentation of, often complex, issues of fact, within a legislative framework which comprises UK statute, European and human rights law.

Lachlan’s years of trial advocacy and litigation experience have not been confined to employment, education, and neighbour disputes. Other areas of his practice have included consumer law, personal injury and landlord & tenant, and this range has served as a firm foundation to his civil practice, and has equipped him equally in the skills of trial advocacy, which he relishes, and the more jurisprudential advocacy before the Administrative/High Court.

He is also a trained mediator, and his skills in, and support for, this alternative approach to dispute resolution, has often proved beneficial in his employment and neighbour-dispute cases.

Lachlan heads 3PB's education law group.

Expertise

  • Education
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    Lachlan’s public and administrative law practice is centred on the field of education and he appears in the Legal 500 for this field. He taught for a number of years before qualifying as a lawyer and now conducts cases involving a wide range of education law issues at all levels from the Special Educational Needs and Disability Tribunal to the Court of Appeal.

    Lachlan advises and represents children, parents, school proprietors and governing bodies, local education authorities, voluntary organisations and charitable trusts, further and higher education institutions, students, and universities, on the full range of education disputes, including:

    • School admissions - policies and appeals (including nursery and infant class admissions)
    • School exclusions - policies and appeals, and other pupil disciplinary matters
    • School attendance and registration of pupils
    • Discrimination (including allegations of disability discrimination before the Special Educational Needs and Disability Tribunal, and Independent Appeal Panel in cases of permanent exclusion)
    • Special Educational Needs (including hearings before, and appeals from, the SENDIST)
    • Local Government Ombudsman (complaints to, and challenges against decisions of)
    • Negligence in the field of Education
    • Employment in Education, and other education contracts
    • Charitable Trusts
    • Further and Higher Education – admissions, attendance, disciplinary issues
    • Universities - admissions, academic and disciplinary disputes.

    Recent cases  

    • R v Wakefield MDC ex p G ( LTL 30/1/98 : Times, February 10, 1998)
    • R v Wakefield LEA ex p K (LTL 24/6/99)
    • R v Oxfordshire CC Exclusions Appeal Panel, ex p P [2001] ELR 631
    • R v S Gloucestershire Education Appeals Committee, ex p B [2001] ELR 53
    • R (ota) Wakefield MDC v E and SENT (2002) ELR 2003
    • Olchfa Comprehensive School Governors v (1) IE & EE (2) Helen Rimington (Chair Of Special Educational Needs & Disability Tribunal) [2006] EWHC 1468 (Admin)

    Lachlan heads up the Education Law unit in Chambers and regularly advises both informally, and in formal presentations, on latest developments in Education Law.

  • Employment and discrimination
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    Lachlan is regularly and frequently called upon to advise and represent Claimants and Respondents in disputes before employment tribunals throughout the country, and before the Employment Appeal Tribunal. He specialises in areas of discrimination and public interest disclosure, but his extensive experience in employment litigation includes:

    • Unfair Dismissal claims (substantive and procedural, constructive, automatic)
    • Wrongful dismissal claims
    • Discrimination claims (disability, sex, sexual orientation, racial, religious beliefs, victimisation)
    • Maternity rights
    • Equal Pay claims
    • Public Interest Disclosure claims (whistle-blowing)
    • Redundancy payment claims (statutory and contractual)
    • National Minimum Wage and Working Time disputes
    • Transfer-of-Undertakings (TUPE) disputes
    • Unlawful wage deduction claims
    • Employment Tribunal jurisdiction and procedural disputes
    • High Court and County Court litigation, including:
      - contractual bonus and share issues
      - restrictive covenants
      - employers’ references
      - vicarious liability for professional negligence
      - fiduciary obligations of senior employees and directors.

    In addition, Lachlan has advised extensively on the effective drafting of:

    • Contracts of employment
    • Confidentiality clauses
    • Disciplinary and grievance procedures
    • Compromise agreements.

    As a trained mediator, Lachlan is also frequently called upon to act as counsel in mediations concerning employment disputes.

    Recent cases 

    • Perkin v St George’s Healthcare NHS Trust [2005] EWCA Civ 1174
    • Akhavan-Moossavi v Association of London Government (2005) UKEAT/0501/04
    • Vasquez-Guirado v Wigmore (2005) UKEAT/0033/05

    Lachlan is pleased to advise professional clients both informally, and in formal presentations, on latest developments in employment law. Further details can be obtained from the specialist clerk to the Employment Group.

  • Mediation
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    Lachlan is an Accredited Mediator.

Recommendations

'Highly intelligent and a very effective advocate.'

Legal 500 2014/London.

‘approachable, effective and kind’

Legal 500 2013/London - Education.

'Leading Junior'

Legal 500 2012/London - Education.

Academic qualifications

  • BA (Oxon) Literae Humaniores (1992)
  • Dip Law, Westminster University (1995)

Professional qualifications & appointments

  • Accredited Mediation Advocate
  • Legal Assessor to the Nursing and Midwifery Council
  • Trained Mediator

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