Andrew MacPhail

Andrew is a barrister at 3PB Barristers. He specialises solely in employment law and related matters.

GENERAL EMPLOYMENT LAW:

Andrew is regularly instructed to represent both claimants and respondents at employment tribunal hearings of various lengths.

His experience at tribunal covers a wide range of employment law areas including unfair dismissal, TUPE, whistle-blowing, discrimination (including sex, race, disability, pregnancy and age), harassment, victimisation, equal pay, unlawful deductions and breach of contract.

Andrew is also regularly instructed to advise on prospects and to draft pleadings.

EMPLOYMENT APPEAL TRIBUNAL

In June 2012 Andrew appeared in the EAT in Conway v Community Options UKEAT/0034/12/SM, defending an appeal against the decision of an ET at a PHR to strike out the claimant’s claims for unfair dismissal and failure to make reasonable adjustments (Andrew had made that strike out application). Andrew was successful in defending the appeal.

In January 2014 Andrew appeared in the EAT in Liller v Network Rail Infrastructures Limited UKEATPA/0106/13/SM, appealing the decision of the ET on the grounds that the ET had not provided a decision on one of Mr Liller’s claims and/or that it had provided inadequate reasons. The appeal was upheld. The matter was remitted to the ET.

In February 2014 Andrew appeared in the EAT for North Somerset Council in Robert Sage Ltd t/a Prestige Nursing Care Ltd v Mrs SJ O'Connell and Others UKEAT/0336/13 & UKEAT/0337/13. The matter was concerned with whether the ET had misapplied the law in determining (i) that the condition set out at r3(3)(a)(ii) of TUPE 2006 was satisfied and/or (ii) that a particular claimant was “assigned” to the relevant grouping for the purposes of r4(1) of TUPE 2006. The EAT rejected the first ground of appeal. The EAT upheld the second ground and substituted its view that the relevant claimant had not been “assigned”.

In March 2014 Andrew appeared in the EAT at a rule 21 hearing in Mr Court v Ms Rogers UKEATPA/1078/13/RN, resisting an application to extend time to appeal. The application was successfully resisted.

EQUAL PAY

Andrew has particular experience in respect of mass equal pay litigation arising from the "Single Status" agreement and related matters.

JUDICIAL MEDIATION

Andrew has represented parties at Judicial Mediation on a number of occasions.

INJUNCTIONS

Andrew has experience of advising on applications for interim injunctions.

CONFERENCES AND SEMINARS

Andrew enjoys delivering training seminars. He is happy to explore potential options upon enquiry. Events to date include:

1. A speech on “Mass Equal Pay Litigation” at an event for local authorities run by South East Employers.
2. A seminar on “TUPE” for a regional branch of the SLG group (“solicitors in local government”).
3. A seminar on “Unauthorised deductions and breach of contract” for the employment team of a firm of solicitors.
4. A seminar on “TUPE” for the employment team of a firm of solicitors.

OTHER EXPERIENCE

Before retraining as a barrister Andrew spent nine years in the corporate world. During this time he rose to become a senior manager in a successful niche consultancy. This experience enables Andrew to appreciate employment disputes, and their context, on a very practical level. He is able to bring this experience to bear on behalf of his clients.

Prior to joining 3PB Andrew gained valuable experience working in the employment department of a major corporate firm, following which he undertook pupillage in employed practice under the supervision of an experienced employment barrister (who was also a part-time Employment Judge). Since joining 3PB Andrew has gained further useful experience via a secondment to the legal team of a local authority.

DIRECT PUBLIC ACCESS

Andrew is permitted to take on direct access work.