Appeals

The team are able to assist with all types of appellate work and regularly appear in in England, Wales, Scotland and Northern Ireland.

Members are ready to advise and assist not only with respect to matters on which they have acted but also with respect to matters for which a fresh view is sought.

Members frequently appear in the Employment Appeal Tribunal.

Examples of appearances by the team in the Court of Appeal and Supreme Court include:

• Moustache v Chelsea and Westminster Hospital NHS Trust [2025] EWCA Civ 185
  The Court of Appeal held that an ET’s failure to include a claim within an agreed list of issues will only amount to an error of law if it is perverse. The claimant in this case had brought claims for discrimination arising from her disability and unfair dismissal.
• Harpur Trust v Brazel [2022] UKSC 21, [2022] ICR 1380
  The Supreme Court's landmark judgment confirming  the rights of part-year and zero hours contract workers to the full 5.6 weeks' statutory paid holiday provided for under the Working Time Regulations 1998. The Supreme Court rejected the argument of the school that employed Mrs Brazel (run by the Harpur Trust) that the entitlement of such workers should be reduced on a pro-rata basis.
• Morton v Eastleigh CAB [2020] EWCA Civ 638 (Court of Appeal)
  Acted in appeal consider the standards for adjournments in ET proceedings, balancing the efficient conduct of proceedings with the right to a fair trial in the context of a disabled Claimant.
• BMC Software v Shaikh [2019] EWCA Civ 267
  Acted in appeal on a number of claims including an equal pay claim and claims based on constructive dismissal arising from the alleged breach of the equality clause.

Members frequently appear in the Employment Appeal Tribunal. Please see individual members' profiles for details of their appearances.