Hari Menon
Parklane Plowden
Barrister (England and Wales/N.I.)
Regions
- North East
Portland House, New Bridge Street West, Newcastle Upon Tyne, NE1 8AL, United Kingdom
0113 228 1500
hari.menon [at] parklaneplowden.co.uk
Employment is one of Hari's principal specialist areas. His practice encompasses most aspects of employment law, including unfair and wrongful dismissal, transfer of undertakings, employee status, trade union blacklisting and victimisation and matters relating to Working Time Regulations. His main practice areas within employment are discrimination and contractual employer/employee disputes, such as post-termination restraints.
He represents both employees, individually and through their trade unions, and employers (mainly local authority work).
Reported Cases
Collingwood v Cumbria Probation Board [2008] AllER(D) 04 (Sep), EAT
disability discrimination - determining the date of onset of disability when medical evidence has given a possible range of dates.
Aylott v Stockton on Tees Borough Council - Court of Appeal [2010] EWCA 910, [2010] I.R.L.R. 994, CA;[2010] I.C.R. 1278, CA
Led by David Reade Q.C.: Disability Discrimination applicability of HL decision in Lewisham LB v Malcolm to the employment field - correct comparator for direct disability discrimination - application of the "reason why" test formulated by HL in Shamoon v Chief Constable RUC in direct disability discrimination - whether dismissal can, in itself, amount to a failure to make reasonable adjustments: s.3A(2), s.4A DDA - whether changes arising as a result of the decision affected by the Equality Act 2010.
Saiger v North Cumbria Acute Hospitals NHS Trust - Employment Appeal Tribunal 14.12.10; UKEAT/0325/10/CEA
Emphasising that exemplary damages are punitive and not compensatory in nature; whether ET was correct not to award costs in the claimant's favour where it found that respondent's conduct was such as to merit an award of aggravated damages.
Ward v South Tyneside Council - Employment Appeal Tribunal 12.7.11 UKEAT/0358/10
Consideration of concept of conditional dismissal - whether fairness of dismissal to be looked at when notice of dismissal is given or at the EDT.
Patel v South Tyneside Council - Employment Appeal Tribunal 28.11.11 UKEATPA/0917/11/ZT
Notice of Appeal is lodged when it appears in EAT Inbox or when it "hits" an EAT server; a full judgment, re-signed, re-dated and incorporating corrections to errors / omissions in a previous judgment was not a correction within the meaning of r.37 EAT Rules but a fresh judgment.
BMSL v Acheson - Employment Appeal Tribunal UKEAT/0268/11; 14.6.12
Whether self-employed foreman working for end user can be regarded as agent of a labour supply company; whether "but for" test appropriate in the context of a "union blacklisting" dismissal claim under s.152 & 153 of the Trade Union & Labour Relations (Consolidation) Act 1992.
He represents both employees, individually and through their trade unions, and employers (mainly local authority work).
Reported Cases
Collingwood v Cumbria Probation Board [2008] AllER(D) 04 (Sep), EAT
disability discrimination - determining the date of onset of disability when medical evidence has given a possible range of dates.
Aylott v Stockton on Tees Borough Council - Court of Appeal [2010] EWCA 910, [2010] I.R.L.R. 994, CA;[2010] I.C.R. 1278, CA
Led by David Reade Q.C.: Disability Discrimination applicability of HL decision in Lewisham LB v Malcolm to the employment field - correct comparator for direct disability discrimination - application of the "reason why" test formulated by HL in Shamoon v Chief Constable RUC in direct disability discrimination - whether dismissal can, in itself, amount to a failure to make reasonable adjustments: s.3A(2), s.4A DDA - whether changes arising as a result of the decision affected by the Equality Act 2010.
Saiger v North Cumbria Acute Hospitals NHS Trust - Employment Appeal Tribunal 14.12.10; UKEAT/0325/10/CEA
Emphasising that exemplary damages are punitive and not compensatory in nature; whether ET was correct not to award costs in the claimant's favour where it found that respondent's conduct was such as to merit an award of aggravated damages.
Ward v South Tyneside Council - Employment Appeal Tribunal 12.7.11 UKEAT/0358/10
Consideration of concept of conditional dismissal - whether fairness of dismissal to be looked at when notice of dismissal is given or at the EDT.
Patel v South Tyneside Council - Employment Appeal Tribunal 28.11.11 UKEATPA/0917/11/ZT
Notice of Appeal is lodged when it appears in EAT Inbox or when it "hits" an EAT server; a full judgment, re-signed, re-dated and incorporating corrections to errors / omissions in a previous judgment was not a correction within the meaning of r.37 EAT Rules but a fresh judgment.
BMSL v Acheson - Employment Appeal Tribunal UKEAT/0268/11; 14.6.12
Whether self-employed foreman working for end user can be regarded as agent of a labour supply company; whether "but for" test appropriate in the context of a "union blacklisting" dismissal claim under s.152 & 153 of the Trade Union & Labour Relations (Consolidation) Act 1992.
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