Kerry Gardiner is a specialist Employment & Discrimination barrister.
She acts for both Claimants and Respondents in all matters relating to Employment law including unfair, constructive & wrongful dismissal, redundancy, Transfer of Undertakings (TUPE), whistleblowing, breach of contract and discrimination.
As well as representing clients in employment tribunals and judicial mediations, Kerry is frequently instructed to appear in the Employee Appeals Tribunal.
Kerry is regularly instructed to advise clients on the full spectrum of employment law matters involving both contentious and non-contentious issues, as well as draft pleadings for both Claimant and Respondent clients, and other employment-related documentation.
Kerry is pragmatic and down to earth, tailoring her approach to ensure that the service delivered to clients is bespoke. She meets individual requirements whilst offering practical solutions to cases that are often complex and sensitive.
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 the Care Quality Commission.
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.
Lodge v Dignity & Choice In Dying  IRLR 184
A case on the issue of territorial jurisdiction.
Pallet Route Solutions Ltd v Morris  ICR 394
Regarding the right to be heard following a default judgement.
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  IRLR 418
A case regarding the construction of the Union’s rules in relation to excluding a member from standing for candidacy in its NEC elections.
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