We have adopted a specialist team approach to our practices for many years. We feel that this is the way our clients want us to work, and that specialisation leads to the provision of a better service.
“Especially sought after for her expertise in disability discrimination, she has a wealth of experience in both the tribunal and High Court”
Caroline Evans
Senior Practice Manager - Civil
0117 930 9000
Click here to email
Rob McDonald
Practice Manager - Employment, Costs & Litigation Funding
0117 930 9000
Click here to email
Charlie Georgeson
Assistant Practice Manager - Personal Injury, Clinical Negligence, Employment & Discrimination, Court of Protection (Health & Welfare), Costs & Litigation Funding
0117 930 9000
Click here to email
Assistant Chief Examiner, Bar Standards Board (Criminal Litigation) 2018 – present
Liz Cunningham is a specialist employment and discrimination barrister who in recent years has become more and more sought after for her expertise in the area of independent investigations.
Liz practised as a barrister at local chambers until May 2015, at which point she took up a Senior Lecturer post at the University of the West of England. As head of the Employment Law Team at her former chambers Liz was counsel in a number of key Court of Appeal cases including: Devon Primary Care Trust v Readman [2013] EWCA Civ 1110 and Griffin v Plymouth Hospital NHS Trust [2014] EWCA Civ 1240.
As a practitioner she was recommended year after year in ‘Legal 500’ and ‘Chambers and Partners’, being ranked in the top tier of Employment Law practitioners at the time of leaving practice.
In 2017 she was appointed to the Bar Standards Board Education and Training Committee and then, in 2018, she became an Assistant Chief Examiner at the Bar Standards Board. Liz developed an independent employment law consultancy, workplace investigation and training practice alongside her BSB work and qualified as a Civil and Commercial Mediator with ADR Group. She is an accredited ATC advocacy trainer.
As a former freelance investigator and mediator, Liz has carried out extensive and complex investigations into serious allegations of workplace bullying, victimisation and race, disability and sex discrimination. Projects have included working with those at the highest organisational level in the Education, University, NHS, banking, arts and culture, charity and governmental (national and local) sectors. Examples of Liz’s recent work are as follows:
Banking/ Financial
‘C’ – Global financial services company and one of North America’s largest banks
Conducted an appeal against redundancy investigation 2020; Conducted an appeal against the outcome of a redundancy and victimisation grievance hearing, 2023.
‘E’ – One of the UK’s leading wealth, accountancy and business advisory services.
An investigation into historic disability discrimination and current failure to make reasonable adjustments in light of significant mental ill health of a senior Partner.
‘Thank you for your diligence and empathy on what was a very complex and sensitive investigation. It was really good to work with you.’
‘P’ – The leading organisation running the UK’s retail payments operations.
Conducted an investigation into an appeal against the outcome of a sex and race discrimination grievance and an equal pay complaint.
‘F’ – Leading European provider of business data and analytics.
Carried out an investigation into a grievance about workplace culture, specifically bullying, race discrimination and sexism.
Media/ Arts
(One of Europe’s most significant and oldest art galleries)
Investigation for the Board of Trustees into allegations of race discrimination.
‘Thanks for your excellent work. I’m sure that I don’t only speak for myself when I say that the quality of the report is most impressive and I’m obviously relieved and delighted by the outcome of your very thorough investigation.’
‘O’ Leading platform for news, live coverage, highlights and analysis of international football.
Conducted appeal against grievance outcome for maternity related and sex discrimination for senior member of the team.
‘CE’ One of the world’s leading independent entertainment companies specialising in the production and distribution of family entertainment and associated merchandise. Conducted appeal against outcome of grievance of senior member of team; maternity and pregnancy discrimination and sex discrimination.
Technology
Global leader in touchscreen technology and products
2024 – Investigated an appeal against redundancy and additional victimisation grievance. ‘Thank you so much for your thorough investigation and report. The report was comprehensive and clear.’
Commercial Medical
Europe – wide provider of commercial, regulated medical, optical and aural care.
Conducted a number of internal appeals against grievance outcomes. Conducted internal SOSR hearing after breakdown of relationship between four partners.
Charity Sector
UK’s largest funder of heritage projects.
Grievance investigation, sex discrimination age discrimination and bullying
Royal Chartered Charity that is a global leader working in commemoration.
Conducted appeal against international – director level redundancy.
UK’s leading not for profit provider of supported housing.
Conducted internal grievance hearing following a third-party independent investigation. ‘The report is clear and I will discuss with [the respective] line manager to ensure actions are taken. Thank you for your help and insight, which has been really useful and informative.’
Also instructed to conduct mediation in an unrelated matter.
NHS Trusts
Southwest based Health and Care Foundation Trust
Investigation into Director level bullying and harassment allegations, whistleblowing and victimisation.
Northwest University Hospital Trust.
Complex investigation into multiple allegations by an employee of racial discrimination, a failure of the Trust to carry out a proper investigation of his complaints and a failure of the Trust to carry out a proper or fair MHPS investigation. Required me to interview the independent MHPS investigator and review their process and report.
‘RW’ NHS Trust
A four-month race, sex and bullying investigation ‘your report is excellent and concisely deals with all the issues that have been raised’. The report was 120 pages.
‘H’ Uni Hospital NHS Trust
MHPS investigation into sexual harassment.
Hospital NHS Foundation Trust ‘Thank you for all your work on this. Reading through the report – I really like how clear, honest but respectful it is to all concerned. Thank you for what has clearly been a lot of work.’ Race discrimination and bullying allegation against Medical Director from junior registrar.
One of the largest University Healthcare NHS Trusts.
Investigation under Dignity and Respect at work policy. Equality, Diversity and Inclusion Policy and Disciplinary and Policy and Procedure.
‘A great report, clearly presented, analysed and well thought through findings.’
Local Government
‘B’
A large, complex and politically sensitive investigation for a large City Council into an appeal against the outcome of a grievance, extending historically over ten years and impacting directly on the incumbent elected members and Mayor. The investigation was conducted under the Council’s Whistleblowing Policy, Disciplinary Policy and Code of Conduct for Council Employees.
‘M’ County Council
‘Hard work and professionalism’
‘All the feedback I have received about Liz has been very positive, particularly from those interviewed and directly involved with the process. We are very pleased with the quality of the report and its speed of production. Liz was extremely professional in her delivery.’
‘A masterclass in investigative reporting’
Education Sector
Large Primary School, Wales. Investigation into allegations of victimisation and bullying. The subject of the investigation was still on the staff but suspended and many of the witnesses were her colleagues and friends who needed to be carefully supported as they assisted the investigation.
“As we have now been able to successfully conclude the matter which was the focus of the independent investigation …I just wanted to express my deepest appreciation and thanks to you for all your work on this. The comprehensive and robust report you provided was absolutely excellent in addressing the complex issues identified with both rigour and sensitivity. It was a seriously impressive document and gave us a strong foundation and evidence base for then resolving the matter. Thank you again for helping the school to move on positively from a difficult situation – I am really grateful.”
Other public sector clients include:
Fire and Rescue Service – Investigation into race discrimination and bullying allegations against Chief Fire Officer
Ambulance Services Trusts
Legal Sector
Legal and Risk Services within regional NHS.
A six-month investigation into cultural concerns arising from the inappropriate behaviour of a senior Partner, and subsequent allegations of professional misconduct from junior members of his team.
Liz developed a large, national Employment Tribunal practice, also appearing in the EAT and High Court, and the Court of Appeal multiple times. She was Counsel in landmark Court of Appeal Pension Loss compensation case Griffin v Plymouth Hospital NHS Trust [2015] ICR 357.
Liz spent twenty years as a barrister, and Team Head for her former set, taking a senior lecturer role at the University of the West of England. As a lawyer she was counsel instructed to represent claimants and respondents in the Employment Tribunal, the Appeal Tribunal, the Court of Appeal and the High Court.
Over many years she has been instructed in complex cases ranging from the most serious allegations of discrimination, constructive unfair dismissal, whistleblowing and equal pay claims through to technically demanding cases covering TUPE and large-scale redundancy.
Liz’s clients have included County, City and Borough Councils, to represent them across the full range of employment law matters. Similarly in the Secondary, FE and Higher Education sector Liz has appeared for Claimants and Respondents in sensitive, high value and complex cases.
Throughout her time in practice Liz has been preferred counsel for numerous small, medium and large private companies. Specifically she was retained by one of the UK’s largest services and facilities firms for all of their complex matters.
She has worked regularly and directly with board level personnel as well as marshalling and managing evidence from operational level employees. Liz’s ability to work with real attention to detail without losing sight of the bigger picture reflect her years of experience preparing for forensic cross examination of witnesses during trial.
Griffin v Plymouth Hospital NHS Trust [2015] ICR 357
Of interest to all employers where pension loss may be calculated as part of an employee’s unfair dismissal compensation are the recent comments from the Court of Appeal (CA).
In this case, the CA overruled both the Employment Tribunal and Employment Appeal Tribunal on the issue of calculating pension loss after constructive unfair dismissal. However, the CA also commented that the guidelines for calculating the amount of pension loss which should be awarded as compensation were in urgent need of review.
Devon Primary Care Trust v Readman [2013] EWCA Civ 1110
A Court of Appeal decision confirming the test to be applied to determine whether an employee has unreasonably refused suitable alternative employment in a redundancy situation.
Liz is a qualified Civil and Commercial Mediator with ADR Group and is an accredited ATC advocacy trainer. Her skills in the area of mediation have reflected in her careful and successful pre-trial negotiations, securing lasting settlements and repeated instructions from solicitors and commercial clients.
She has extensive experience and knowledge of the health sector, both in terms of the clinical administrative landscapes within Hospital, University and Health Trusts.
Liz has conducted internal appeals and been the independent advisor to the Chair of an Appeal. She has conducted and been the independent advisor on disciplinary matters and a recent SOSR dismissal. Liz is adept at working at ‘arm’s length’ to ensure independence at the same time as ensuring open and effective communication with HR as well as internal or external legal teams, employees’ Union or Legal Representatives and she has worked extensively across international time zones and work cultures. Recent examples include:
2024 ‘C’ – Global Media Company UK/ USA appeal
Liz was the independent advisor to the Appeal Chair following a four-month grievance investigation into maternity and pregnancy related discrimination. The matter was of a potentially high financial value, commercially sensitive and required an understanding of the context of international workplace cultures. Liz worked with stakeholders and witnesses from the USA, Germany and the UK to advise the Appeal Chair and to formulate the letter of outcome of the appeal.
2024 – Global Bank
Liz conducted and determined an appeal against redundancy, following a large redundancy grievance investigation. The basis of the appeal was race and sex discrimination and victimisation, and required consideration of a large amount of material that was not before the original decision maker. Liz structured the appeal process and considered a new complaint at first instance. The matter was time sensitive as the redundancy was a of a senior post holder and the organisation needed to carry out its restructure swiftly in order to make critical savings. Liz conducted interviews with global team leaders in the US, Canada, France and the UK, accommodating international time zones to ensure the appeal was considered within good time.
2023 ‘N’ – SOSR dismissal in a national supplier of registered medical services
Liz conducted and determined a Some Other Substantial Reason (SOSR) dismissal hearing where a relationship between one partner and the other three partners, had broken down and was impacting on the business. The matter was complex because the ‘one’ partner alleged that two of the other three were at fault; the other three alleged that the ‘one’ was at fault. The original partnership had been successful over many years and the Board needed a hearing process that caused the minimum disruption to service provision and minimum loss of reputation, both of which were possible following the outcome owing to the pragmatic and sensitive manner in which Liz conducted the hearing and communicated the subsequent dismissal.
2023 ‘P’ – Leading national financial technology company.
Liz was the independent advisor to the Appeal Chair on an internal appeal against the findings following a sex and race discrimination, and victimisation, grievance investigation. As the independent advisor to this large, FSA regulated financial technology company, Liz was appointed by the Board to structure the appeal process and conduct numerous interviews as well as carry out a wholesale review of a large quantity of technical and historic documents, in order to provide independent and robust advice the Appeal Chair.
2022 ‘C’ – International Charity
Liz conducted an appeal against redundancy raised by a Global Director of this international charity. The matter was politically sensitive and required a forensic examination of new material that was not before the original decision make and which the appellant was keen to take to the Press as the matter was of interest to them. Following the appeal, the matter was resolved avoiding any leaks or media involvement.
2022 ‘OF’ – Global Online Sports media company and App.
Liz investigated and determined an appeal against the outcome of a grievance of maternity and pregnancy related discrimination. The process involved interviewing senior level staff in France, Spain, and the UK and had to be carried out particularly swiftly and involved the review of a large number of documents.
Caroline Evans
Senior Practice Manager - Civil
0117 930 9000
Click here to email
Rob McDonald
Practice Manager - Employment, Costs & Litigation Funding
0117 930 9000
Click here to email
Charlie Georgeson
Assistant Practice Manager - Personal Injury, Clinical Negligence, Employment & Discrimination, Court of Protection (Health & Welfare), Costs & Litigation Funding
0117 930 9000
Click here to email
Assistant Chief Examiner, Bar Standards Board (Criminal Litigation) 2018 – present
A member of the clerking team will help you resolve your request.
© 2024 - Guildhall Chambers | Barristers regulated by the Bar Standards Board.
Website designed and developed by tela.
