Naomi Webber

Naomi Webber

Year of Call: 2017
Email Address: naomi.webber@3pb.co.uk
Telephone: 01865 793 736

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Overview

Naomi Webber joined 3PB following the successful completion of her pupillage in October 2019. She is based in the Oxford centre.

Naomi accepts instructions in all areas of civil law, with a particular interest in employment, education and public law.

Prior to commencing pupillage, Naomi worked as a Judicial Assistant in the Court of Appeal, and as a teaching fellow and research assistant at University College London and the University of Oxford.

Outside of law, Naomi enjoys running, cycling and baking.

Expertise

  • Employment and discrimination
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    Naomi Webber has a busy employment practice, acting for claimants and respondents in preliminary hearings, multi-day final hearings, and judicial mediation, both in person and via CVP. She also regularly drafts pleadings and provides written advice.

    Her practice covers a wide range of employment law. She has advised and acted in claims involving:

    • Unfair dismissal (including automatic unfair dismissal and constructive unfair dismissal)
    • All forms of discrimination (direct and indirect discrimination, failure to make reasonable adjustments, and harassment)
    • Whistleblowing
    • Equal pay
    • Unlawful deduction from wages
    • Worker status
    • Redundancy
    • National Minimum Wage
    • Breach of contract (in the Employment Tribunal and County Court)

    Naomi’s background in university teaching means she is willing and able to provide training in a range of areas of employment law. She regularly presents case law updates and contributes to the 3PB Employment and Discrimination newsletter.

    Prior to pupillage, Naomi worked as a judicial assistant in the Court of Appeal, where she worked on a number of ground-breaking employment cases, in areas including National Minimum Wage, whistleblowing, territorial jurisdiction, and harassment.

  • Education Law
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    Naomi Webber advises and acts for parents, students, local authorities and schools. Her education practice spans:

    • EHCP appeals
    • Equality Act claims
    • School admissions
    • School exclusions
    • Breach of contract

    She also regularly provides training to local authorities on admissions, exclusions and EHCP appeals.

    Prior to pupillage, Naomi worked as a research assistant at the University of Oxford, examining the effect of the 2012 changes to the law of school exclusions.

    Naomi has a particular interest in religion in education and wrote her masters’ dissertation on whether children have a right to a secular education.

    Publications

    • Lucinda Ferguson and Naomi Webber, School Exclusion and the Law: A Literature Review and Scoping Survey of Practice (Department of Education, University of Oxford, January 2015)
  • Administrative and Public Law
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    Naomi Webber accepts instructions through the Government Legal Department junior junior scheme. She has a particular interest in public law in the education context.

    As a judicial assistant at the Court of Appeal, Naomi worked on a range of public law matters including immigration, asylum, human rights, school transport and the public sector equality duty.

  • Commercial
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    Naomi Webber acts in a wide range of contractual matters in the County Court. To date she has advised and appeared for small businesses and individuals in matters including unpaid invoices, disputes over quality of work, consumer credit and costs.

    Overlapping with her employment practice, she regularly advises Claimants and Defendants on breach of contract in the employment context. She has also received training in High Court injunctions.

    As part of her education law practice, Naomi also has a particular interest in contractual matters in the school and university settings. She has advised on contractual claims in relation to independent schools and out of school clubs, and is keen to increase her instructions in this area.

  • Publications
    • On interim relief and incompatibility

      11th Jan 2021

      Naomi Webber analyses Steer v Stormsure Ltd UKEAT/0216/20/AT, a case which could well add another tool in the armoury for claimants bringing in claims for discriminatory dismissals.

      View Publication
    • Disability Discrimination the Employment Tribunal: lessons for education lawyers

      21st Sep 2020

      Disability Discrimination in the Employment Tribunal: lessons for education lawyers
      Sarah Bowen and Naomi Webber consider two recent appellate decisions (Khorochilova v Euro Rep Limited UKEAT/0266/19/DA and Robinson v DWP [2020] EWCA Civ 859) in respect of the provisions of the Equality Act 2010 (EqA) in relation to the protected characteristic of disability. Whilst the facts of the cases relate to the employment sector, the same definition of disability applies in the context of education. Accordingly, their principles are directly relevant and applicable to disability discrimination claims in education.

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    • Worker Status Sent Spinning - Case summary of Varnish v British Cycling

      3rd Aug 2020

      Employment law barrister, Naomi Webber analyses the case of Varnish v British Cycling.

      View Publication
    • Marriage discrimination: Gould v St Johns Downshire Hill UKEAT/0002/20/BA

      1st Jul 2020

      3PB's employment law barrister Naomi Webber reviews the case of Gould v St Johns Downshire UKEAT/0002/20/BA.

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    • Secondary victims: what counts as ‘an event’?

      15th Jun 2020

      3PB's Naomi Webber provides a case summary of Paul & Anor v Royal Wolverhampton NHS Trust [2020] EWHC 1415 (QB).

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    • Be wary of the ‘last straw’

      2nd Jun 2020

      Be wary of the ‘last straw’: Williams v Alderman Davies Church in Wales Primary School UKEAT/0108/19/LA

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    • The Power of Refusal to Register: F v Responsible Body of School W [2020] UKUT 0112 (AAC)

      12th May 2020

      Naomi Webber looks at the recent Upper Tribunal case of F v Responsible Body of School W.  This is required reading for anyone who does disability discrimination work in the First Tier Tribunal, whose approach to registering claims for discrimination came under scrutiny in Re F for the first time and is likely to work somewhat differently going forward.

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    • Is the law of vicarious liability still ‘on the move’? Barclays Bank plc v Various Claimants [2020] UKSC 13

      4th May 2020

      Is the law of vicarious liability still ‘on the move’? Barclays Bank plc v Various Claimants [2020] UKSC 13

      The 126 claimants in this case were all employees of Barclays Bank who, at the start of their employment between the late 1960s and early 1980s, were required to undergo a medical examination. Examinations were carried out by Dr Bates (now deceased), a general practitioner who was not an employee of the Bank but engaged as an independent contractor to provide this service, and did so at his home. The Claimants alleged that they were sexually assaulted by Dr Bates while undergoing this examination and brought a group action against the Bank for compensation. A preliminary issue was whether Barclays could be vicariously liable for his actions.

      At first instance, the High Court found that Barclays had been vicariously liable. The Court of Appeal agreed, applying the five-part test in Various Claimants v Catholic Child Welfare Society [2012] UKSC 56, and Cox v Ministry of Justice [2016] UKSC 10.

      Supreme Court Decision (Lady Hale) - the key issue was whether the relationship between Dr Bates and Barclays was ‘akin to employment’. The Supreme Court held unanimously that it was not.

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    • Employment Law Case Summaries

      7th Apr 2020

      EAT Case Summaries by Daniel Brown and Naomi Webber.

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    • Diplomatic immunity and leapfrog

      7th Feb 2020

      Diplomatic immunity and leapfrog: Naomi Webber analyses Basfar v Wong UKEAT/0223/19/BA

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    • Ethical veganism: a philosophical belief

      7th Feb 2020

      Ethical veganism: a philosophical belief. Naomi Webber analyses Casamitjana v The League Against Cruel Sports (ET case no. 3331129/2018).

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    • Is a belief in the moral importance of copyright a ‘philosophical belief’?

      8th Nov 2019

      Is a belief in the moral importance of copyright a 'philosophical belief'? Naomi Webber analyses Gray v Mulberry [2019] EWCA Civ 1720

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    • Shared parental leave – Discrimination against men?

      7th Jun 2019

      Shared parental leave – Discrimination against men? Naomi Webber analyses Ali v Capita Customer Management Ltd, Chief Constable of Leicestershire v Hextall [2019] EWCA Civ 900

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Academic qualifications

  • Bar Professional Training Course, City Law School, 2016-17
  • LLM in Law, University College London, 2015-16
  • BA Jurisprudence (Law), Worcester College, University of Oxford, 2011-2014

Scholarships

  • Inner Temple Exhibition Award, 2016

Professional bodies

  • Constitutional and Administrative Law Bar Association (ALBA)
  • Education Law Association (ELAS)
  • Employment Lawyers Association (ELA)
  • Employment Law Bar Association (ELBA)