Simon Cuthbert
Leigh Day
Solicitor (England and Wales/N.I.)
Regions
- London
Panagram, 27 Goswell Road, London, EC1M 7AJ, United Kingdom
02037800450
scuthbert [at] leighday.co.uk
"...extremely professional, approachable and helpful..." - Legal 500, 2017-18
Simon joined Leigh Day in 2017, to work in the discrimination and employment department.
He has worked in employment law acting for claimants/employees since 2001, initially in a law centre, then with civil liberties firm Deighton Guedalla, with whom he qualified as a solicitor in 2004 and more recently at Russell Jones & Walker (now part of Slater & Gordon) from 2007.
He has significant experience in conducting litigation on behalf of individuals and Trade Unions/the Police Federation and their members at all levels from the Employment Tribunal to the Supreme Court.
His practice also includes advising employees and senior executives on reputation management issues and negotiating exit packages.
Simon advises on all areas of employment law, including discrimination, unfair dismissal, whistleblowing and pensions.
Simon is based in our London office but also has an active interest in employment law work in the South West region, where he lives with his family.
Key cases include:
P v Commissioner of Police of the Metropolis (2017) – Supreme Court – challenge on behalf of a disabled former police officer to a “common law” rule that police disciplinary panels are “immune” from being subject to legal complaints for discrimination/whistleblowing.
Buchanan v Commissioner of Police of the Metropolis (2016) – Employment Appeal Tribunal – successful appeal concerning the need for police forces to justify in every case how they treat particular disabled officers in terms of sickness/performance issues; in this case the treatment concerned an officer who became disabled due to injuries sustained in a high speed motorcycling accident whilst on duty.
Lichters v Metropolitan Police (2015) – successful sexual orientation discrimination claim for gay police officer – case spanned six years of events and involved a six-week hearing.
Oxer-Patey v The Commissioner Of the Police of the Metropolis (2013) – High Court – successful challenge under human rights legislation on behalf of the child of a deceased police officer to the terms of the Police Pension Scheme which meant that child survivors born outside of marriage were treated less favourably than child survivors born within marriage in terms of survivors’ pension benefits.
Urenco UK Ltd v (1) Urenco UK Pension Trustee Co Ltd (2) Francis Gregory Alleyne Mossop (2012) – High Court – acted for the beneficiary employees in a large pension scheme and their Trade Union to successfully resist attempts by the employer to amend the scheme so as to make their pension terms less favourable.
Maxwell v The Metropolitan Police (2012) - successful claim, after a six-week hearing, for race and sexual orientation discrimination, harassment and victimisation for a counter-terrorism police officer.
Nicholson v The University of Bath (2011) – successful claim for disability discrimination and constructive dismissal for an employee who resigned after his employer reneged on previously agreed adjustments in relation to his disability which had enabled him to carry out his duties.
Sarkar v West London Mental Health NHS Trust [2010] I.R.L.R. 508 CA – unfair dismissal claim for senior consultant psychiatrist, successful in Tribunal (2008), overturned by Employment Appeal Tribunal (2009), successful appeal to Court of Appeal restored Tribunal judgment (2010).
Simon joined Leigh Day in 2017, to work in the discrimination and employment department.
He has worked in employment law acting for claimants/employees since 2001, initially in a law centre, then with civil liberties firm Deighton Guedalla, with whom he qualified as a solicitor in 2004 and more recently at Russell Jones & Walker (now part of Slater & Gordon) from 2007.
He has significant experience in conducting litigation on behalf of individuals and Trade Unions/the Police Federation and their members at all levels from the Employment Tribunal to the Supreme Court.
His practice also includes advising employees and senior executives on reputation management issues and negotiating exit packages.
Simon advises on all areas of employment law, including discrimination, unfair dismissal, whistleblowing and pensions.
Simon is based in our London office but also has an active interest in employment law work in the South West region, where he lives with his family.
Key cases include:
P v Commissioner of Police of the Metropolis (2017) – Supreme Court – challenge on behalf of a disabled former police officer to a “common law” rule that police disciplinary panels are “immune” from being subject to legal complaints for discrimination/whistleblowing.
Buchanan v Commissioner of Police of the Metropolis (2016) – Employment Appeal Tribunal – successful appeal concerning the need for police forces to justify in every case how they treat particular disabled officers in terms of sickness/performance issues; in this case the treatment concerned an officer who became disabled due to injuries sustained in a high speed motorcycling accident whilst on duty.
Lichters v Metropolitan Police (2015) – successful sexual orientation discrimination claim for gay police officer – case spanned six years of events and involved a six-week hearing.
Oxer-Patey v The Commissioner Of the Police of the Metropolis (2013) – High Court – successful challenge under human rights legislation on behalf of the child of a deceased police officer to the terms of the Police Pension Scheme which meant that child survivors born outside of marriage were treated less favourably than child survivors born within marriage in terms of survivors’ pension benefits.
Urenco UK Ltd v (1) Urenco UK Pension Trustee Co Ltd (2) Francis Gregory Alleyne Mossop (2012) – High Court – acted for the beneficiary employees in a large pension scheme and their Trade Union to successfully resist attempts by the employer to amend the scheme so as to make their pension terms less favourable.
Maxwell v The Metropolitan Police (2012) - successful claim, after a six-week hearing, for race and sexual orientation discrimination, harassment and victimisation for a counter-terrorism police officer.
Nicholson v The University of Bath (2011) – successful claim for disability discrimination and constructive dismissal for an employee who resigned after his employer reneged on previously agreed adjustments in relation to his disability which had enabled him to carry out his duties.
Sarkar v West London Mental Health NHS Trust [2010] I.R.L.R. 508 CA – unfair dismissal claim for senior consultant psychiatrist, successful in Tribunal (2008), overturned by Employment Appeal Tribunal (2009), successful appeal to Court of Appeal restored Tribunal judgment (2010).
Disclaimer: ELA members self-certify that they are qualified lawyers and practice employment law for at least 25% of their time. ELA is not a regulatory body and does not vouch for the quality of service of any member appearing in the membership directory. A member’s inclusion in the directory does not constitute any kind of recommendation.