Simon Tibbitts reflects on Phipps v Priory Education Services Ltd and the CoA’s guidance for approaching Rule 70 applications.
- Clerk Name: Russell Porter
- Clerk Telephone: 01865 793 736
- Clerk Email: [email protected]
Employment and discrimination
Simon specialises solely in employment law and has practised in this field for nearly 10 years. He is a calm, clear and precise advocate whose questions are carefully constructed to get the best possible evidence from any witness.
He can receive instructions on a direct access basis and in addition to the more classic functions of a barrister in providing advocacy and advisory services he has been involved with mediations, chaired internal investigations and disciplinary hearings and is able to provide advice on internal policies and procedures and the conduct of grievance and disciplinary hearings from the early stages of a potential claim so as to ensure that the risk of a claim being brought is minimised from the outset.
Simon is a keen public speaker and is always looking for fresh and innovative ideas and ways in which to provide training to clients. He regularly provides training on all areas of employment law to in-house legal departments, HR professionals and law firms. If so desired a more specialist and bespoke training package can be provided which is tailored to the pertinent issues appropriate to each individual client and the sector within which they operate.
His knowledge and experience spans the entire spectrum of employment law disputes but he has particular interest and experience within the following areas:
- All aspects of unfair dismissal including constructive unfair dismissal
- Wrongful dismissal
- All other contractual claims (unlawful deduction of wages etc.)
- Holiday pay
- All areas of discrimination
- Protected disclosures (whistleblowing)
Seminars in recent years have included:
- The Equality Act 2010
- Schedules of loss where more complex issues are involved such as career long losses and ‘grossing up’ for tax purposes
- 2013 ET rules reform and introduction of fees
- Conducting disciplinary and grievance hearings
- Zero-Hours contracts
- Tips and tactics for recovering costs and tribunal fees
- Collective Redundancies
- ACAS Early Conciliation
- Age Discrimination – from birth to death
- Bonus Payments and Maternity Leave
Recent EAT cases
- Luvualu & Ors v. Zenith Contractors Ltd UKEAT/0154/14/DM
- Holman v Devon County Council UKEAT/0127/15/BA
- Instructed for a Respondent employer in a 4-week trial involving 5 claimants involving multiple strands of discrimination, whistleblowing and unfair dismissal claims [Favourable settlement achieved following 2 day Judicial Mediation]
- Acted for a large national Respondent employer in a 2-week trial involving numerous unspecified complaints by the claimant of disability and race discrimination, victimisation, harassment, whistleblowing and unfair dismissal. [All claims dismissed]
- Acted for the MOD in a complex 5 day disability discrimination claim. [All claims dismissed]
- Acted for a Claimant nurse in a 5-day hearing involving claims of disability discrimination, constructive unfair dismissal and victimisation. The Respondent’s main witness was critically ill and on a permanent oxygen supply which clearly necessitated careful cross-examination but we were successful in achieving an overall award in the region of £60,000.
‘Wasn’t me’ – How a rep’s error can be relied upon in getting Judgment reconsidered27th Jun 2023
Cross - establishment comparisons are generally to be permitted save in exceptional circumstances: Asda Stores Ltd v. Brierley & Ors  EWCA Civ 448th Apr 2021
Asda Stores Ltd v. Brierley & Ors  EWCA Civ 44
Employment law barrister Simon Tibbitts analyses the judgment of the Supreme Court handed down on Friday, 26th March, outlining the clarity the case provides on the approach and principles to be adopted when dealing with cross-establishment comparisons in Equal Pay claims.
Simon highlights the clarity the Judgment brings and suggests large employers would be well advised to review their pay structures.
Cross - establishment comparisons are generally to be permitted save in exceptional circumstances: Asda Stores Ltd v. Brierley & Ors  EWCA Civ 4429th Mar 2021
Asda Stores Ltd v. Brierley & Ors  EWCA Civ 44
Specialist employment law barrister Simon Tibbitts reviews Asda Stores Ltd v. Brierley & Ors  EWCA Civ 44, a case concerning equal pay.
Loss of trust and confidence in an employee unfairly dismissed can be used to prevent re-engagement8th Sep 2020
Loss of trust and confidence in an employee unfairly dismissed can be used to prevent re-engagement
Simon Tibbitts analyses Kelly v PGA European Tour; a case that widens and lowers the practicability threshold for the employer in defending against an order for re-engagement.
Illegality and separating a PD from an underlying dispute3rd Mar 2020
Illegality and separating a PD from an underlying dispute. Simon Tibbitts analyses Robinson v His Highness Sheikh Khalid Bin Saqr Al Qasim UKEAT/0106/19/RN
Whistle-blowers Beware: Just because there is a PD doesn’t necessarily mean that the employer can’t respond (and damage your reputation) in order to ‘set the record straight’3rd Mar 2020
Whistle-blowers beware: just because there is a PD doesn’t necessarily mean that the employer can’t respond (and damage your reputation) in order to ‘set the record straight’ - An analysis of Jesudason v Alder Hey Children’s NHS Foundation Trust  EWCA Civ 73
3PB Employment Breakfast Briefing Notes - November 201710th Nov 2017
3PB Employment barristers Sarah Clarke and Simon Tibbitts analyse the latest employment law cases, covering:
1. Guidance of whose motivation will be taken into account in determining the “Employer’s” reason for dismissal: Royal Mail Limited v Kamaljeet Jhuti  EWCA Civ 1632
2. EAT find that relying on previous instances of misconduct, for which no sanction had been applied, does not render a dismissal unfair: NHS 24 v Pillar UKEATS/0005/16/JW
3. Subjecting men and women to the same detriment can be ‘less favourable treatment’: HM Chief Inspector of Education, Children’s Services and Skills v The Interim Executive Board of Al-Hijrah school  EWCA Civ 1426
4. The Advocate General has ruled that employees may qualify for protection from pregnancy discrimination before informing employer about their pregnancy: Guisado v Bankia SA (Case C-102/16)
Please click below to read the case law update.
Employment case law update - July 20177th Jul 2017
Simon Tibbitts provides an employment case law update covering:
(1) Discrimination awards – all rise by 10%!: De Souza v Vinci Construction (UK) Ltd  EWCA Civ 879
(2) Conduct of an employee does not have to be culpable (whether negligent, reckless or dishonest) in order to constitute a potentially fair reason under s.98(2)(b) ERA 1996: JP Morgan v Ktorza (UKEAT/0311/16/JOJ)
(3) Privilege against self-incrimination and when it arises in the ET: Coletta v Bath Hill Court (Bournemouth) Management Company Ltd (UKEAT/0297/16/RN)
(4) Court of Appeal reminds us again that ‘because of’ is not to be equated with a simple ‘but for’ analysis: Greater Manchester Police v Bailey  EWCA Civ 425
(5) Farmah and ors v Birmingham City Council (UKEAT/0286/15/JOJ)
(6) King v The Sash Window Workshop Ltd
Simon Tibbitts has a thriving practice in which he represents public sector organisations, private sector employers and employees, particularly in unfair dismissal and discrimination claims.
Strengths: “We have great faith in his professionalism, even in trying circumstances.” “He is meticulous in his preparation and clients feel assured he is fighting their corner.”
Chambers UK 2024/Employment/Western Circuit
Strengths: “Simon has demonstrated an excellent all-round ability.”
“He is very reassuring to clients and great to have on your side.”
“Simon is excellent, thorough and extremely diligent in his preparations.”
“Simon can read a tribunal very well.”
“He is very good with clients and takes a pragmatic approach to cases.”
“Simon's preparation is very good.”
Chambers UK 2023/Employment/Western Circuit
Strengths: "He went beyond the call of duty and his level of preparation against a QC was remarkable. He is a QC in the making."
Recent work: Successfully represented Nadine Lee, a high-earning IT software sales professional, in claims of sex discrimination, victimisation, equal pay and constructive unfair dismissal.
Chambers UK 2022/Employment/Western Circuit
Strengths: "I had an excellent experience working with him. He is meticulous on detail, an excellent reassuring voice to clients and prepares extremely thoroughly. He is willing to go the extra mile."
Recent work: Defended the MoD in numerous race discrimination, victimisation and harassment claims.
Chambers UK 2021/Employment/Western Circuit
Strengths: "An excellent barrister who is well prepared and has great attention to detail." "Engaging and sensible."
Chambers UK 2020/Employment/Western Circuit
‘Simon has excellent strategic thinking abilities and quickly gets to grips with even the most complex of issues. He is excellent in cross-examination and summation, carefully treading the line between robustly asserting a client's case and displaying empathy to the position of the other side.'
Legal 500 2024/Employment/Leading Juniors/Western Circuit
'Simon is incredibly diligent and knowledgeable, with a good eye for detail and identifying novel legal points.'
Legal 500 2023/Employment/Leading Juniors/Western Circuit
‘He goes the extra mile and is unafraid to take a robust position where merited. Clients always know their corner is being fought.'
Legal 500 2022/Employment/Leading Juniors/Western Circuit
‘Simon is an excellent advocate. He has superb attention to detail and is meticulous in his preparations. He is willing to go the extra mile. I have found him always to be a very safe pair of hands and he is able to get to grips with complex cases very quickly.’
"Simon Tibbitts represented the Crown Prosecution Service in defeating a disability discrimination case in which the claimant was unusually subjected to a costs order."
Legal 500 2021/Employment/Leading Juniors/Western Circuit
‘Noted for his expertise in unfair dismissal cases.’
Legal 500 2018/19/Employment/Leading Juniors/Western Circuit
'Simon frequently represents clients in tribunal courts nationwide, as well as at the EAT, in complex employment matters. He acts largely for respondents, with particular expertise in discrimination and whistle-blowing cases.'
'He always has the confidence and respect of the tribunal.'
'He is practical, and good at explaining difficult concepts in simple terms.'
Chambers UK 2015/Employment/Leading Juniors/Western Circuit
Simon Tibbitts ‘has been instructed on a number of difficult cases with poor prospects, but he won those employment disputes against the odds’
Chambers UK 2014/Employment/Leading Juniors/Western Circuit
‘Recommended for unfair dismissal matters.’
Legal 500 2017/Employment/Leading Juniors/Western Circuit
'Very thorough and very bright.'
Legal 500 2016/Employment/Leading Juniors/Western Circuit
'He goes above and beyond what one would expect.'
Legal 500 2015/Employment/Leading Juniors/Western Circuit
‘He has vast knowledge of employment law, and is always on hand to answer queries.’
Legal 500 2014/Employment/Leading Juniors/Western Circuit
‘a safe pair of hands’
Legal 500 2013/Employment/Leading Juniors/Western Circuit
‘incredibly diligent and knows the papers inside out and backwards’
Legal 500 2012/Employment/Leading Juniors/Western Circuit
Client Testimonials - Seminars:
Simon regularly provides tailored in house seminars and workshops to clients on a range of employment law issues.
“Excellent – let’s do it again!”
“Zero Hours contracts particularly useful”
“Really valuable information, thought provoking, really relevant topics which are going to be useful in day to day HR issues”