The counsel team for Mrs Brazel in the much publicised Harpur Trust v Brazel case, Mathew Gullick KC, Lachlan Wilson and Naomi Webber reflect on the recent Government consultation paper looking at holiday pay for part-year workers.
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 was recently counsel for music teacher Mrs Lesley Brazel in her claims before the Court of Appeal and UK Supreme Court in the leading holiday pay case of The Harpur Trust v Brazel  EWCA Civ 1402/The Harpur Trust v Brazel  UKSC 21, regarding the statutory paid holiday entitlement of “part-year” workers on permanent contracts.
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
- Holiday pay and rights for part-year or part-time workers
- 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.
- Perkin v St George’s Healthcare NHS Trust  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)  EWHC 1468 (Admin)
- Centrepoint Soho Ltd v Ms S Omaboe  UKEAT/0129/17/BA
- East Sussex County Council v JC  UKUT 81 (AAC)
- The Harpur Trust v Brazel  EWCA Civ 1402/The Harpur Trust v Brazel  UKSC 21
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.
Calculating holiday entitlement for part-year and irregular hours workers: reflections on the Government Consultation1st Feb 2023
The ‘shifting’ burden and the drawing of adverse inferences10th Aug 2021
Royal Mail Group Ltd v Efobi  UKSC 33 - on appeal from:  EWCA Civ 18
Lachlan Wilson considers Royal Mail Group Ltd v Efobi  UKSC 33, in which the Supreme Court ruled on whether a change in the wording of equality legislation has altered the burden of proof in employment discrimination cases, and when a tribunal may draw adverse inferences from the absence of a potential witness.
A case on practice and procedure9th Nov 2020
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.
A case of age and indirect discrimination9th Nov 2020
A 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 20209th Nov 2020
Restriction 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/agreement7th Apr 2020
3PB Barrister Lachlan Wilson outlines the essential contents of a furlough letter/email/agreement under the Coronavirus job retention scheme.
3PB Employment Breakfast Seminar – November 201830th Nov 2018
3PB 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  EWCA Civ 2321
•Direct Discrimination – Lee v Ashers Baking Company Ltd and others  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  EWCA Civ 2214
Lachlan Wilson 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: “Lachlan brings a calm and level-headed approach.”
“Lachlan is extremely likable with expert advocacy and good judgement.”
“Lachlan is a charming and persuasive advocate.”
Chambers UK 2024/Education/London Bar
Strengths: “He provides great advice to ensure the best outcome for a client.”
“He is very experienced and superb at putting clients and witnesses at ease with his personable nature, and he provides practical advice to achieve positive outcomes.”
Chambers UK 2023/Education /London Bar
Strengths: "He is fantastic in judicial review claims, his drafting skills are amazing and his written submissions are really persuasive." "A very good and very personable barrister."
Chambers UK 2022/Education /London Bar
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 /London Bar
Strengths: "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/London Bar
"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/London Bar
Strengths: "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/London Bar
"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/London Bar
'Highly intelligent and a very effective advocate.'
Legal 500 2014
‘approachable, effective and kind’
Legal 500 2013/Education.
Legal 500 2012/Education.