A case on practice and procedure
Lachlan Wilson reflects on C v D, a case on practice and procedure involving an appeal against a refusal to allow amendments to add claims of harassment and reasonable adjustments.
Employment and discrimination
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, race, religious beliefs, gender reassignment)
- 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, including restrictive covenant clauses
- 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
- Olchfa Comprehensive School Governors v (1) IE & EE (2) Helen Rimington (Chair Of Special Educational Needs & Disability Tribunal) [2006] EWHC 1468 (Admin)
- Centrepoint Soho Ltd v Ms S Omaboe [2017] UKEAT/0129/17/BA
- East Sussex County Council v JC [2018] UKUT 81 (AAC)
- The Harpur Trust v Brazel [2019] EWCA Civ 1402
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.
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A case on practice and procedure
9th Nov 2020View Article -
A case of age and indirect discrimination
9th Nov 2020View ArticleA case of age and indirect discrimination
Lachlan Wilson provides an update on Ryan v South West Ambulance Services NHS Trust, an important and timely age discrimination and indirect discrimination case involving a Claimant in her 60s, who alleged that she was indirectly discriminated against and missed on promotion because she was not in the Respondent's "Talent Pool". -
Restriction of Public Sector Exit Payments Regulations 2020
9th Nov 2020View ArticleRestriction of Public Sector Exit Payments Regulations 2020
Lachlan Wilson analyses the Restriction of Public Sector Exit Payments Regulations 2020 (SI 2020/1122) which apply from 4 November 2020 to cap exit payments in the public sector to a maximum of £95,000. -
Coronavirus Job Retention Scheme: The essential contents of a furlough letter/email/agreement
7th Apr 2020View Article3PB Barrister Lachlan Wilson outlines the essential contents of a furlough letter/email/agreement under the Coronavirus job retention scheme.
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3PB Employment Breakfast Seminar – November 2018
30th Nov 2018View Article3PB barristers Lachlan Wilson and Sarah Bowen analyse the latest employment law cases, covering:
•Harassment – Evans v Xactly Corporation Ltd UKEATPA/0128/18LA
•Whistleblowing: Timis & Sage v Osipov [2018] EWCA Civ 2321
•Direct Discrimination – Lee v Ashers Baking Company Ltd and others [2018] UKSC 49
•Good faith/Bad faith - Saad v Southampton University Hospitals NHS Trust UKEAT/0276/17/JOJ
•Amendments – Pruzhanskaya v International Trade Exhibitors (JV) Ltd (2018) UKEAT/0046/18/LA
•Philosophical Belief – A Gray v Mulberry Co (Design) Ltd (2018) UKEAT/ 0040/17/DA
•Practice and Procedure - X v Y Ltd (2018) UKEAT/0261/17/JOJ
•Vicarious liability – Bellman v Northampton Recruitment Ltd [2018] EWCA Civ 2214
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Recommendations Has an active practice encompassing a multitude of education issues. He is frequently instructed by individuals, institutions and school governing bodies connected with primary, secondary and tertiary education provision.
Strengths: "Extremely helpful, proactive, very approachable and has great insight when discussing the issues with the client." "He has a sensible advocacy style."
Chambers UK 2021/Education - Band 4Strengths: "A well-rounded education law barrister - he's very good with clients and is excellent at explaining complex situations." "He's extremely good at instilling confidence in clients and is a very capable advocate."
Chambers UK 2020/Education - Band 4"He brings huge amounts of knowledge and personality to a situation. His common sense and affable manner in and out of court are great weapons to have on your side."
Chambers UK 2019/Education - Band 4Strengths: "Lachlan is a well-rounded education law barrister with a strong focus on higher education law, and a particular interest in internal and disciplinary matters." "He is utterly charming and deals very well indeed with clients. They leave purring."
Chambers UK 2018/Education - Band 4"He is superb with clients and has the ability to instil confidence. He is super bright, quickly gets to the nub of the issue and is a really good strategist."
Chambers UK 2017/Education'Highly intelligent and a very effective advocate.'
Legal 500 2014‘approachable, effective and kind’
Legal 500 2013/Education.'Leading Junior'
Legal 500 2012/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
Related Articles
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A warm welcome to the first edition of our professional Discipline and Regulatory law newsletter.
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You can expect each of our newsletters to be packed full with news and case reviews of significant decisions that impact you and your clients.
In this edition you can meet the team and find the latest updates. -
Matthew Curtis welcomes you to our last Employment and Discrimination newsletter of 2020 and thanks this month's contributors: Stephen Wyeth, Karen Moss, Colin McDevitt, Sarah Bowen, Lachlan Wilson, Andrew MacPhail and Joseph England. You will find this month’s newsletter packed full of 3PB news, analysis and case law updates, as well as our opening hours over the Christmas period. You are also invited to register to attend our 10 December webinar on 'Personal injury claims...
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3PB education barristers Charlotte Hadfield and Alice de Coverley marked the launch of their new legal text on 'The Law in Relation to School Exclusions' with a Q&A session led by fellow barrister Lachlan Wilson yesterday (25 November). Exclusion from school is a sanction of last resort that can hugely and adversely impact a pupil’s life outcomes for many years. Moreover the law relating to school exclusions is a complex tangle of public and regulatory...
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3PB employment and discrimination barristers Stephen Wyeth and Lachlan Wilson talk about the latest rules on furlough, Vaughan v Modality Partnership, and Remote Hearings - Practice Direction and Open Justice. Bring yourself right up to date with the latest in employment law by watching this recording coming in at just over an hour:
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