Employment and discrimination
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)
- Equal pay
- Unlawful deduction from wages
- Worker status
- 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.
3rd Aug 2020
Employment law barrister, Naomi Webber analyses the case of Varnish v British Cycling.
1st Jul 2020
3PB's employment law barrister Naomi Webber reviews the case of Gould v St Johns Downshire UKEAT/0002/20/BA.
2nd Jun 2020
Be wary of the ‘last straw’: Williams v Alderman Davies Church in Wales Primary School UKEAT/0108/19/LA
4th May 2020
Is the law of vicarious liability still ‘on the move’? Barclays Bank plc v Various Claimants  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  UKSC 56, and Cox v Ministry of Justice  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.
7th Apr 2020
EAT Case Summaries by Daniel Brown and Naomi Webber.
7th Feb 2020
Diplomatic immunity and leapfrog: Naomi Webber analyses Basfar v Wong UKEAT/0223/19/BA
7th Feb 2020
Ethical veganism: a philosophical belief. Naomi Webber analyses Casamitjana v The League Against Cruel Sports (ET case no. 3331129/2018).
8th Nov 2019
Is a belief in the moral importance of copyright a 'philosophical belief'? Naomi Webber analyses Gray v Mulberry  EWCA Civ 1720
7th Jun 2019
Shared parental leave – Discrimination against men? Naomi Webber analyses Ali v Capita Customer Management Ltd, Chief Constable of Leicestershire v Hextall  EWCA Civ 900
- 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
- Inner Temple Exhibition Award, 2016
- Constitutional and Administrative Law Bar Association (ALBA)
- Education Law Association (ELAS)
- Employment Lawyers Association (ELA)
- Employment Law Bar Association (ELBA)
Gareth Graham edits August's employment and discrimination law newsletter
Gareth Graham has edited 3PB's latest Employment and Discrimination newsletter, including contributions from Katherine Anderson, Sarah Clarke, and Naomi Webber....Read more
New employment webinar available to watch now - Religion and Belief in the Workplace
3PB barristers Naomi Webber and Katherine Anderson bring you another chance to see this webinar - first broadcast on 9 July 2020 - in which Katherine an...Read more
New - employment law case update now available summarising cases of note
3PB employment barristers Naomi Webber and Daniel Brown bring you a round-up of relevant case law updates in this 25-minute briefing. During this recorded case...Read more