Simon Pathé FCILEx

My skills include:

• Comprehensive experience in all areas of employment law and HR. I can advise and represent private individuals and commercial entities, including microenterprises, SMEs and large companies
• Management of HR issues, such as disciplinary, capability and grievance matters
• Advising and supporting businesses in respect of the employment elements of corporate transactions, including all issues relating to TUPE
• Advising on company restructuring and redundancy procedures
• Reviewing contracts of employment to ensure compliance with statutory requirements
• Drafting bespoke contracts of employment, ensuring clauses are appropriate to the role and level of seniority
• Drafting and reviewing policies and procedures for staff handbooks
• Advising and representing claimants and respondents in Employment Tribunal, Employment Appeal Tribunal and Court of Appeal matters.

My experience includes:

• Advised in the matter of Essa v Laing Ltd [2004] IRLR 313, CA, in which the Court of Appeal held that an employee can recover for psychiatric injury stemming from an act of race discrimination, even where the employee’s reaction was wholly extreme and unforeseeable
• Acted for a large international business in respect of a civil action by a recruitment agency concerning a claim for breach of contract relating to the purported introduction of an employee
• Acted for the respondent in a claim for disability discrimination. Whilst the claimant was found to be disabled, it was successfully argued the respondent could not reasonably have known the claimant was disabled and that the respondent’s actions did not amount to discrimination
• Acted for the respondent in a TUPE claim in which it was successfully shown that there was no service provision change, and so TUPE did not apply
• Acted for a trade union representative to get them interim relief pending a full hearing, which had them reinstated following dismissal.