Kerry Gardiner

Year of call: 2006

"She was really great and really organised......her attention to detail was excellent and she would not stop questioning until she got the desired answer."
Chambers UK 2019

Kerry Kerry

Kerry is a specialist employment barrister. She acts for both Claimants and Respondents in all matters relating to employment law including unfair, constructive & wrongful dismissal, redundancy, TUPE, whistleblowing, breach of contract and discrimination.

Employment & Discrimination

Kerry regularly deals with jurisdictional matters and preliminary issues at Pre-Hearing Reviews and frequently appears in the EAT.

Kerry is also regularly instructed to draft details of claims and responses to claims, to advise in writing and to advise in conference on prospects of success and likely awards.

Kerry is pragmatic and down to earth, tailoring her approach to ensure that the service delivered to clients is bespoke, meeting individual requirements whilst offering practical solutions to cases that are often complex and sensitive.

Recent cases

  • Acting for the Respondent in a claim against them for unfair dismissal where the Claimant had taken steps to set up in competition;
  • A claim for sex discrimination where the Claimant was dismissed on grounds of performance after announcing she was pregnant;
  • Acting for the Respondent, a care home, in a claim for whistle-blowing and constructive dismissal where the Claimant had raised concerns regarding the care homes practices to CQC;
  • Acting for a franchise of a multi-national fast food company, in a four day hearing in relation to claims brought by the claimant of constructive unfair dismissal and age discrimination;
  • Acting for the Claimant in a four day race discrimination claim in respect of disciplinary action taken against the Claimant;
  • Acting for three Claimants in a test case of age discrimination and unfair dismissal, following the Respondent’s dismissal of all employees aged 67 and over, citing their inability to obtain motor insurance as the reason.

 Reported Cases

  • Lodge v Dignity & Choice In Dying [2015] IRLR 184- on the issue of territorial jurisdiction.
  • Pallet Route Solutions Ltd v Morris [2014] ICR 394 - regarding the right to be heard following a default judgment.
  • Symonds T/A Symonds Solicitors v Redmond-Ord UKEAT/0028/11/ZT - regarding findings of fact by the tribunal contrary to agreed evidence
  • UNISON v Staunton [2009] IRLR 418 - regarding the construction of the Union’s rules in relation to excluding a member from standing for candidacy in its NEC elections.

CLERK CONTACT INFORMATION

For further information and enquiries please contact:

Employment & Discrimination: Kate Hather