"IN ADVOCACY HE IS CLEAR, PRECISE AND MEASURED - HE DOESN'T MISS A TRICK, AND IS GOOD WITH CLIENTS TOO".
Legal 500 2021
Douglas is a specialist employment and discrimination barrister. He has a well-rounded practice which encompasses all areas of employment, discrimination and collective labour law, including County/High Court matters and injunctive relief and sports-related disputes. He further deals with discrimination issues arising outside the employment context (eg in the provision of services, in education and in partnership settings). Douglas has extensive experience in conducting appellate work in the EAT and Court of Appeal, as well as complex multi-week trials.
Douglas is an experienced employment and discrimination specialist, dealing predominantly with substantial and higher value matters in both the Employment Tribunal and the High Court/County Court across the full range of employment, discrimination and commercial employment issues, including collective labour law. He has been recommended consistently in both Chambers UK Bar and the Legal 500 over many years, and most recently in Who’s Who Legal UK Bar 2021.
Highly regarded for his technical expertise, attention to detail and measured advocacy, Douglas is particularly sought after in complex TUPE, whistleblowing and discrimination matters, as well as employee competition cases involving breach of confidence, restrictive covenants and injunctive relief. He regularly conducts long-running trials and appeals to the EAT, and has appeared in several significant cases in the Court of Appeal in recent years, usually unled (including against silks).
He acts for both claimants and respondents/defendants, and firmly believes in maintaining this balance. He is regularly instructed on behalf of individuals and/or unions, as well as NHS Trusts and Welsh Local Health Boards, schools and universities, Local Authorities, PLCs and a range of SMEs. He also acted for government departments during five years on the Attorney-General’s Regional Panel of counsel. He enjoys working as part of a wider legal team and finding creative and pragmatic solutions to problems.
Douglas welcomes electronic instructions, having adopted paperless working practices, and is fully conversant with the full range of secure platforms commonly used for video hearings and conferences. He is well placed to handle matters arising out of the effects of the current pandemic, and has spoken at well-received webinars examining many of the legal issues arising out of it.
He provides advice and representation in all areas of employment and collective labour law, including:
WRITING
Prior to qualifying at the Bar, Douglas was Editor of Industrial Relations Law Bulletin (LexisNexis Butterworths IRS), going on to combine practice with a role as Senior Employment Law Writer/Editor for IDS Brief (IDS Thomson Sweet & Maxwell) and its related Handbooks and Supplements. He remains a regular contributor to various publications, including Tolley's Employment Law Service and ELA Briefing. He sits on ELA Briefing’s Editorial Committee.
LECTURING
Douglas speaks regularly at seminars and webinars run by Chambers, the ELA, CLT and MBL Seminars. Requests for bespoke in-house training are welcomed. Recent subjects have included:
APPELLATE CASES
Amdocs Systems Group Ltd v Langton (EAT pending) - Successful high value unlawful deductions claim in respect of the failure to apply 5% annual increases to the payments due under a contractual income protection scheme, together with an order for costs of £20,000. Respondent’s appeal due to be heard in early 2021.
Commissioner of the City of London Police v Geldart [2020] ICR 920 (EAT) - Successful resistance of the Commissioner's appeal against a finding of direct sex discrimination in respect of the reduction and cessation of a police officer's "London Allowance" because she was on maternity leave. London Allowance is separate and distinct from "London Weighting" and officers are entitled to continue receiving it in full except where the Police Regulations 2003 provide otherwise. Commissioner's appeal to the Court of Appeal listed for January 2021.
Hextall v Chief Constable of Leicestershire Police [2018] IRLR 605 (EAT); [2019] IRLR 695 (CA) - Instructed for H. Successful appeal to EAT against a tribunal's conclusion that the Force's Shared Parental Leave policy did not discriminate indirectly against men, in only providing the statutory minimum level of pay for Shared Parental Leave. Overturned by CA, primarily on jurisdictional grounds that the claim was in truth an equal pay claim.
Martin v University of Exeter (30.8.18, UKEAT/0092/18/LA) - Instructed by the University. Successful resistance of an appeal against an Employment Judge's conclusion that the Claimant was only disabled from a point in time which meant that most of his discrimination claims could not succeed. Where it is asserted that a condition's effects are "long term" because they are "likely" to last at least 12 months, the test is predictive, and expert evidence will usually be required.
Secretary of State for Business, Enterprise and Regulatory Reform v Parry and anor [2016] ICR 1140 (EAT); [2018] ICR 1807 (CA) - Instructed by the School trustees in the EAT and Court of Appeal. The procedure in Rule 12(2A) of the 2013 ET Rules of Procedure – whereby an Employment Judge is required to reject a claim form that “cannot sensibly be responded to” – is not ultra vires. However, on the facts, a claim form which mistakenly attached particulars for an entirely unrelated case, could sensibly be responded to because the box for "unfair dismissal" had been ticked.
NHS Business Services Authority v Young [2017] ICR 599 (CA) - Success in an unusual statutory appeal to the Chancery Division from a decision of the Pensions Ombudsman, concerning the correct construction of the NHS Injury Benefit Regulations 1995 in relation to the test of causation of loss of earning ability (an element of the entitlement to Permanent Injury Benefit). Successfully resisted NHS BSA's appeal to the Court of Appeal.
Griffiths v Secretary of State for Work and Pensions [2017] ICR 160 (CA) - Instructed for DWP. Successful resistance of a second appeal against the dismissal of a reasonable adjustments claim in relation to disciplinary action taken pursuant to the DWP attendance management policy. While the duty to make adjustments had arisen, it had not been breached. It will rarely be reasonable to have to make adjustments in respect of the wholly subjective disadvantage of "stress".
Coles v Ministry of Defence [2016] ICR 55 (EAT) - Instructed for C. Temporary agency workers have a right to be informed of permanent vacancies on an equal footing with permanent employees, but do not have a right to apply for those vacancies. Application for a reference to the ECJ on the meaning of the Temporary Agency Workers Directive refused. The tribunal had erred however, in finding that the chosen comparator was not a "comparable worker".
Personnel Hygiene Services Ltd & ors v Rentokil Initial UK Ltd & anor [2014] EWCA Civ 29 - Successful substantial High Court (Bristol Mercantile Court) breach of confidence claim for final injunctions restraining use of customer information, including a springboard injunction, and successful resistance of an appeal (led by Hugh Sims QC in the Mercantile Court and Court of Appeal).
Ajayi and anor v Aitch Care Homes (London) Ltd 03.02.12, EATPA/0262/11; Harvey Bulletin 406 (May 2012) - For a dismissal to be automatically unfair for the principal reason of the employee refusing (or proposing to refuse) to forego a rest-break under s.101A ERA 1996, that refusal must be explicit: implicitly purporting to refuse by sleeping was not enough.
Fulcrum Pharma (Europe) Ltd v Bonassera and anor 22.10.10, EAT/0198/10; Harvey Bulletin 389 (Dec 2010) - Instructed at appeal stage. Successfully resisted appeal against finding of unfairness in “pool of one” unfair redundancy dismissal claim. Assumption that occupant of redundant post had to be dismissed was unfair.
Chief Constable of Gloucestershire Constabulary v Peters 14.07.10, EAT/0322; [2010] All ER (D) 192 (Nov) - No indefinite stay of tribunal proceedings pending outcome of potential criminal trial.
FIRST INSTANCE HIGHLIGHTS
"He is also well versed in competition-related cases involving confidence breaches, restrictive covenants and injunction relief". - Chambers UK Bar 2019; 2020; 2021
"Has a well-rounded practice which encompasses all areas of employment, discrimination and collective labour law. He is frequently instructed in long and technically complex TUPE and disability discrimination matters. He also acts in employee competition cases involving breach of confidence and restrictive covenants." - Chambers UK Bar 2018
"His practice includes collective labour law." - Legal 500 2017
"Recommended for employee competition cases, involving breaches of confidence and injunctive relief." - Legal 500 2015
Douglas acts for both claimant/applicant employers and defendant/respondent employees alike in matters concerning alleged breaches of post-termination restrictive covenants and other contractual or fiduciary duties; breach of confidence; infringements of the database right; and associated issues concerning garden leave and economic torts.
He has a related further interest in cases involving applications for injunctive relief seeking to restrain dismissal in breach of contractual disciplinary procedures, and seeking to restrain industrial action.
Drawing on his employment law expertise, Douglas is able to provide specialist advice and representation in relation to claims for damages and/or injunctions arising out of the rights and obligations of players, managers, coaches and other staff of sports clubs, teams and other entities.
As a natural extension of his expertise and experience in employment law and disciplinary procedures (particularly in the health and education sectors), Douglas is able to assist with internal disciplinary and/or professional conduct matters in a variety of ways:
Employment
Junior - Band 2
Has a well-rounded practice which encompasses all areas of employment. He has significant experience in technically complex TUPE and disability discrimination matters. He is also well versed in competition-related cases involving confidence breaches, restrictive covenants and injunction relief.
Strengths: "Able to navigate complex legal points, whilst communicating in a clear and concise manner with clients."
Recent work: Acted for the claimant in Hextall v Chief Constable of Leicestershire Police, where the Court of Appeal considered whether the force's shared parental leave policy was discriminatory because it only offered statutory minimum pay, whereas those on maternity leave received full pay.
Employment
‘In advocacy he is clear, precise and measured - he doesn't miss a trick, and is good with clients too.’
Ranked: Tier 1
Employment
Junior - Band 2
Has a well-rounded practice which encompasses all areas of employment. He has significant experience in technically complex TUPE and disability discrimination matters. He is also well versed in competition-related cases involving confidence breaches, restrictive covenants and injunction relief.
Strengths: "He's technically adept, thinks about things in clear and concise way, and is easy to work with and clearly very bright." Recent work: Acted for the claimant in Hextall v Chief Constable of Leicestershire Police, where the Court of Appeal considered whether the force's shared parental leave policy was discriminatory because it only offered statutory minimum pay, whereas those on maternity leave received full pay.
Employment
"Methodical and structured in his approach."
Employment
Junior - Band 2
Has a well-rounded practice which encompasses all areas of employment. He has significant experience in technically complex TUPE and disability discrimination matters. He is also well versed in competition-related cases involving confidence breaches, restrictive covenants and injunction relief.
Strengths: "Knows the law and is very user-friendly, approachable and responds within the timeframe".
Recent work: Acted for Exeter University in a complex disability discrimination claim brought by a claimant who alleged that they had suffered PTSD after encountering a student attempt suicide. This was a complex matter as the Employment Tribunal had to determine the point at which the claimant satisfied the definition of disability.
Employment
Leading juniors
"Very analytical and a good strategist".
Employment
Junior - Band 2
Has a well-rounded practice which encompasses all areas of employment, discrimination and collective labour law. He is frequently instructed in long and technically complex TUPE and disability discrimination matters. He also acts in employee competition cases involving breach of confidence and restrictive covenants.
Strengths: “He is confident and persuasive in his arguments, and in his application of even the most intricate aspects of employment law.”
Recent work: Instructed in the Court of Appeal for the claimant in Young v NHS Business Services Authority, after a workplace injury caused a permanent loss of earning ability. The case was complicated by the claimant already having an underlying degenerative condition.
Employment
Leading juniors
"His practice includes collective labour law".
Employment
Junior - Band 3
Has a well-rounded practice which encompasses all areas of employment, discrimination and collective labour law. He is frequently instructed in long and technically complex TUPE and disability discrimination matters.
Strengths: "His in-depth knowledge of complex areas of employment law is second to none." "He is confident and persuasive in his arguments and extremely reliable."
Recent work: Successfully resisted an appeal in the [Court of Appeal] case of Griffiths v Secretary of State for Work and Pensions. The claim concerned the difficult issue of attendance management and disability-related absence.
Employment
Leading juniors
'He picks up issues quickly and effectively puts forward complex submissions under pressure.'
Employment
Junior - Band 3
Acts for both claimants and respondents and is often instructed on technically complex cases such as TUPE and disability discrimination matters, although his practice covers the full breadth of employment law.
Strength: "Clients are very impressed by his ability to produce evidence and really get to the bottom of things." "He's incredibly thorough in assessing a case, and he's prepared to stick to his guns and fight a case through."
Recent work: Instructed for the Department for Work and Pension in Griffiths v Secretary of State for Work and Pensions, a case regarding the impact of disability-related absences on attendance management processes.
Employment
Leading juniors
'Recommended for employee competition cases, involving breaches of confidence and injunctive relief'.
Employment
Leading Junior - Band 3
Has broad experience across a range of tribunal and appellate cases, notably in cases involving TUPE issues. He is also frequently instructed on disability discrimination matters.
Expertise: "He has an excellent analytical mind, and can floor people with academic points, which means he can't lose a case." "He is quick, efficient, focused, very knowledgeable and good with clients."
Recent work: Instructed by the Department for Work and Pensions on a complex tribunal case regarding disability-related absences.
Employment
Leading juniors
'A strong all-rounder who frequently handles complex TUPE and disability discrimination cases'.
"Noted for his 'excellent ability to drill down to the important and winning points'".
"Covers the full spectrum of employment matters".
"Douglas Leach's 'technical ability shines through on complex cases'".
For further information and enquiries please contact:
Employment & Discrimination: Rob McDonald
Junior Counsel to the Crown, Regional Panel (2010-15)
Editorial Committee, ELA Briefing
