Practice Profile:

Employment


Details

Called: 2002


Clerk

w.digby@bankhousechambers.co.uk


Appointments

Part-time Employment Judge

Head of Civil Team

Member of Management Committee


Professional Associations

Personal Injury Bar Association


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Robert Clark

Head of Civil Dept

Practice Summary

 

Robert offers years of experience in dealing with employment issues, particularly in large and complex public sector organisations. His recent cases have involved:

 

Whether a service user in receipt of direct payments had capacity to contract as an employer when commissioning her case package.

Employment status of workers operating through a "managed service companies".

Unfair and wrongful dismissal and redundancy

TUPE

Employment of illegal immigrants

Discrimination - including securing a six figure award for a claimant in a disability discrimination claim

Trade Union related action short of dismissal arising out of the Fire Brigade union strikes

Recovering insolvent employer debts to employees from the Secretary of State

Procedural action arising from the Employment Tribunal rules of procedure

Agricultural Wages Board appeals

Sexual Misconduct allegations against teachers - Application of the old 'List 99'  (ISA considerations), separations of employment power between governing bodies and LEA's.

 

He appears in the Employment Tribunal and Employment Appeal Tribunal. Robert also practices in the civil courts, with particular interest in matters arising out of the employment relationship such as restricted covenants, negligent references and civil enforcement of compromise agreements. He has developed a particular expertise in dealing with civil penalties imposed by the UKBA for the illegal employment of migrant workers and has regularly appeared on behalf of the Home Secretary to respond to appeals against penalties. Other employment related work includes appearing before regulatory panels of sporting and professional bodies such as England Basketball and the General Medical Council. Robert was a corporate member of the Chartered Institute of Personnel and Development and worked as Head of Personnel at Rampton Special Hospital, amongst other large organisations. He was involved in managing employment issues including individual dismissals, TUPE transfers, industrial action and discrimination.