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. She has experience acting for claimants and respondents in preliminary hearings, multi-day final hearings, and judicial mediation. She also has a growing paperwork practice, and has advised on claims in both the Employment Tribunal and County Court.

    Naomi's 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
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    Naomi Webber has a growing practice in education law. She regularly acts for parents, local authorities and schools in EHCP appeals and discrimination claims. She also acts as a clerk for admissions appeals and independent review panels (school exclusions).

    Her background in university teaching means she is willing and able to provide training in a range of areas of education law. She has provided training to local authorities on EHCPs.

    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)
  • Public and Regulatory
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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.

  • Personal Injury
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    Naomi Webber appears regularly nationwide in the County Court in small claims and fast track, acting for Claimants and Defendants.

    Her county court experience includes:

    • Small claims matters encompassing credit hire, contractual disputes and road traffic accidents
    • Fast track personal injury claims, including those with allegations of fundamental dishonesty and low velocity impact
    • Procedurally complex interim applications, including strike out, default judgment and disclosure
    • Infant settlement approval hearings
    • MOJ stage 3 hearings
    • Advice on quantum and interim applications

    Naomi has a particular interest in personal injury in the employment and education spheres. She has advised on personal injury claims in the employment tribunal.

  • 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.

    As part of her education law practice, Naomi also has a particular interest in contractual matters in the school and university settings, and is keen to increase her instructions in this area.

  • Publications
    • 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.

      View Publication
    • 3rd Aug 2020

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

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    • 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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    • 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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    • 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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    • 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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    • 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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    • 7th Apr 2020

      EAT Case Summaries by Daniel Brown and Naomi Webber.

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    • 7th Feb 2020

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

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    • 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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    • 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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    • 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)