Tom is a civil practitioner specialising in personal injury and employment matters. He appears in courts and tribunals on an almost daily basis and has established a busy practice encompassing both advocacy and advisory work.
Tom has provided representation at courts of various levels, including the High Court and the Employment Appeal Tribunal.
Tom’s personal injury practice encompasses both Claimant and Defendant work on the fast-track and the multi-track. He has a wide experience of claims arising from road traffic accidents, occupier’s liability, highways accidents and claims against employers. Tom regularly appears in cases where LVI, fundamental dishonesty and/or fraud are alleged.
In employment work, Tom covers the full range of claims, representing both businesses and individuals in matters involving unfair dismissal (including redundancy), discrimination, whistleblowing and contractual claims. Given his personal injury practice, Tom is well placed to advise and appear in matters where there is an overlap with potential civil proceedings.
Tom also represents clients in commercial matters linked to his employment and personal injury practice, including disputes concerning insolvency and insurance issues.
Aside from his practice at the bar, Tom has lectured part-time at the Winchester University Law School and provided mooting coaching. He is a former Western Circuit Mooting Champion (2008) and Middle Temple Lowry Scholar (2009/10). In 2016 Tom was appointed as a panel member to the Thames Valley Police Disciplinary Tribunal.
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Tom enjoys a predominantly Respondent-focused practice but has wide experience of representing both individuals and employers in the tribunal. His first involvement with employment law was on a pro-bono basis whilst still a first-six pupil in 2010 and since that time he has built a busy advocacy and advisory practice. Tom has appeared in tribunals throughout the country as well as at the EAT. He is experienced in the full range of tribunal matters including unfair dismissal, TUPE, whistleblowing, discrimination and wages claims.
Recently Tom has developed an interest in pregnancy and maternity discrimination claims. He is well placed to advise on matters under the Equality Act and MPL Regulations.
Tom has acted as junior counsel for a local authority on a complex unfair dismissal / redundancy claim that ran for four weeks. During this case Tom drafted submissions to the EAT on a point of law (appeal on refusal to grant adjournment mid-trial) as well as contributing to oral submissions at the eventual conclusion of the case. A point of particular interest to arise at trial was the status of a previous compromise agreement that had been signed with the intention of preventing future litigation.
Tom is able to offer sound commercial advice to parties in circumstances where insolvency of the Respondent is an issue in employment proceedings. Tom also appears in matters where Claimant’s seek declarations against the Secretary of State for failure to make payment of statutory redundancy payments and related applications.
Tom enjoys an insolvency practice that dovetails neatly with his employment work and is experienced in dealing with such matters in the County and High Court. He has experience of both pursuing and resisting statutory demands, bankruptcy petitions, charging orders and winding up petitions. Regularly Tom is instructed to advise upon and appear in applications to set aside orders, demands and petitions.
Tom regularly delivers employment law lectures and seminars to insurers and instructing solicitors.
Crystal Electronics Ltd v Purcell UKEAT/0221/14/JOJ
Success at the EAT on a point concerning the sufficiency of Polkey evidence and tribunal directions thereon.
Mrs R v Secretary of State for Business, Innovation and Skills and Andrews Angel Solicitors Ltd
Successful declaration sought against BIS for statutory redundancy pay.
L v A Retailer
Dispute as to whether ACAS conciliation certificate could cover matters occurring post-certification – appeal abandoned due to settlement.
B v An NHS Trust & Others
Employment status case concerning an employment agency and an umbrella company.
L v A College
Unfair dismissal and pregnancy discrimination resulting in award of £30,000 in compensation.
S v An Agency
Claim for disability and sex discrimination, failure to make reasonable adjustments and whistleblowing.
S v A Firm
TUPE unfair dismissal / redundancy claim involving a well-known solicitors firm.
K v A Retailer
National minimum wage claim.
H v A Practice
Sex, disability and constructive unfair dismissal claim against a GP surgery.
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Tom conducts fast and multi-track personal injury litigation for both Claimants and Defendants. Tom has a wide experience of all aspects of proceedings, from early advice on liability and the initial drafting of pleadings through to representation at trial.
Instructions frequently concern claims including road traffic accidents, public liability (including Highways Act claims), occupier’s liability and accidents at work. Tom is experienced in all aspects of costs flowing from personal injury claims, including the provisions of the EL/PL and RTA Portals.
Tom enjoys a growing reputation for defence work where LVI and/or fraud are alleged and is regularly instructed at trial on these matters. Consequently Tom is also experienced in cases where fundamental dishonesty is alleged in order to overcome QOCS protection.
Aside from the more standard matters, Tom is currently involved in niche areas within the PI field, including claims against the MIB and applications for restoration to the register.
Tom has undertaken notable defence work representing both social housing and private landlords and regularly conducts matters under the Defective Premises Act and Landlord and Tenant Act.
Where appropriate Tom will conduct clinical negligence cases. He has for example recently represented Claimants in matters arising from alleged negligent treatment by an A&E consultant and a dentist.
Tom is experienced in litigation where questions of insurance indemnity arise. He is currently representing a major insurer in a case on appeal concerning withdrawal of cover in alleged breach of contract and in breach of data protection legislation.
Tom frequently provides lectures and seminars for insurers and solicitors in the PI arena.
Recent cases of interest include
- Representing a wheelchair user in a matter concerning an accident on a bus
- A secondary victim claim
- Success for both Claimant and Defendant clients in a variety of LVI claims
- An appeal concerning an ATE premium
- Success at trial for a Claimant in a matter whereby a landlord had failed to adequately maintain an access bridge
- A claim following an injury sustained on a cross-country cycling course
- A claim involving an allegation that there was a ‘phantom passenger’
- Success for a child Claimant concerning an accident at an adventure playground
- Successful claim in negligence against a local authority following a street cleaning process
Recent high-value cases (£50,000 and above) have included
- Representing a client who sustained brain injuries in a fall from a bicycle
- Representing a client who sustained a broken ankle in a fall on ice resulting in permanent disability and a risk of DVT
- A claim concerning a fall from a scaffold resulting in serious leg and back injuries
- Representing a client in proceedings against a major car manufacturer arising from an accident on the production line
- LLB (Hons) (Exeter)
- BVC (BPP London)
- Middle Temple Lowry Scholar
Professional qualifications & appointments
- Thames Valley Police Disciplinary Hearing Independent Panel Member
- Part-time lecturer 2014/2015, Winchester University
- Personal Injuries Bar Association
- Employment Law Bar Association
- Western Circuit
3PB Commercial Law Group publishes Spring Legal Update
3PB Barristers’ Commercial law group brings you the Spring Edition of its Business & Commercial Legal Update Handout. Please click here to view i...Read more