Nicholas Siddall

" 'is experienced, thorough and commercial'  in high-value employment disputes" - Legal 500 2009

 

Practice:

Employment law
Wrongful and unfair dismissal
Working time
(Nicholas was involved in one of the first cases to be decided at EAT level as to the meaning of "worker" within the Working Time Regulations and was involved in the reference to the ECJ on the issue of the lawfulness of "rolled up" holiday pay);
Discrimination;
Equal pay (including acting for Hull City Council in the "single status" litigation, acting for a number of NHS Trusts and the GMB in the North East Equal pay litigation)
Industrial Relations (including collective contractual claims against Birmingham International Airport and against Hull City Council)
Employment contract based litigation
General common law
Contract
Employer's and public liability
Road traffic litigation

Profile:

Nicholas specialises in Employment and Industrial Relations Law and practises as a member of the Common Law Group in Chambers.

Nicholas undertakes work on behalf of both employers and employees.  He is regularly instructed by a number of Trade Unions including the GMB, UNITE, PCS, ASU, UNISON and CAATU.  He recently acted for the two Vice Chairmen of the Prison Officers Association in a 20 day case of sex discrimination, whistleblowing, trade union detriment and unfair dismissal brought against the National Chairman, General Secretary and Finance Officer of the POA.

Nicholas is also regularly instructed by employers of all sizes and acted for Hull City Council in their defence of the various contractual and equal pay issues arising from the implementation of "single status".  He is currently advising Carlisle and Norwich City Councils as to the lawfulness of their implementation of single status.  Nicholas is also advising the National Probation Service as to a series of redundancy and consultation issues arising from its outsourcing of key functions. 

Nicholas appears regularly at both appellate and tribunal level in all areas of practice. He undertakes work in the fields of wrongful and unfair dismissal, TUPE and all facets of unlawful discrimination.  He was recently successful in his representation of Humberside Fire Authority in its defence of high profile claims of unfair dismissal brought by two firefighters dismissed for the sexual harassment of a third female firefighter.  Nicholas also recently secured findings of unfair dismissal on behalf of 17 car workers who were dismissed from their posts on the basis of the imposition of 'zero hours' contracts of employment.  He is currently instructed on a 7 day hearing on behalf of 3 whistle-blowers who were dismissed for disclosing serious financial irregularities by the Chief Executive of their employer charity.

Nicholas has acted on behalf of claimants and respondents in heavy weight discrimination cases including acting for the Claimant in a victimisation claim with a pleaded value of £4.3 million brought by a consultant anaesthetist against her former employer NHS Trust.  He also has appeared in significant sexual discrimination, sexual harassment and sexual orientation discrimination claims.  He is a member of the DRC panel and is regularly instructed in both pursuing and defending significant disability discrimination complaints.  He was successful in his representation of Hull City Council before the Court of Appeal on the issue of when time starts to run for the purposes of presenting a complaint of a failure to make reasonable adjustments.  He is currently instructed on a I5 day hearing on behalf of a claimant surgeon claiming unfair dismissal, race discrimination, age discrimination, victimisation, unlawful deductions from wages and a breach of the Working Time Regulations against his former employer NHS Trust.  He is also currently instructed in the defence of a 7 day hearing of sexual orientation discrimination on behalf of a leading North West entertainment destination.

Nicholas has spoken regularly to professional audiences as to the impact of the Employment Equality (Age) Regulations 2006 and has put that experience to good use in defending such claims on behalf of respondents before the tribunal. He is currently advising a large national public body as to the lawfulness of its proposed early retirement and redundancy packages.

Nicholas has significant experience in the area of TUPE litigation.  He was successful in his representation of the GMB before the EAT in securing a judgment that the TUPE Regulations and the Acquired Rights Directive are of trans-national effect and apply outside the territorial scope of the European Union.  He is currently instructed on an appeal as to the requirements of pleading a claim under Regulation 13 TUPE and a Union's ability to "piggy back" such a claim on an individual Claimant's ETI. 

Nicholas is regularly instructed in the equal pay litigation progressing in the North East of England. He acts for a number of NHS Trusts and was also instructed to represent the GMB in its defence to the Hartley challenge to Agenda for Change prior to the decision of the GMB to combine representation with the other NHS Unions.  He also undertakes significant Local Authority equal pay work. 

Nicholas has particular experience in the field of the Working Time Regulations and was involved in the reference to the ECJ regarding the lawfulness of "rolled up" holiday pay.

Nicholas has significant experience of Industrial Relations based litigation, collective bargaining, Union recognition and  also undertakes significant employment based contractual litigation in the County and High Courts.  He advised the Department of Health of the Isle of Man in its defence of injunctive proceedings brought by two consultants regarding their suspension from NHS practice. 

Nicholas also has a niche practice in the Employment Tribunals of the Isle of Man where he regularly appears and prosectues claims across the full breadth of the tribunal's jurisdiction.

 

Significant Reported Cases:

Roberts-v-Skelmersdale College [2003] ICR 1127, [2004] IRLR 69 (CA)

Holis Metal Industries v The GMB and Newell [2008] IRLR 187, [2008] ICR 464 

Cokayne v BASC [2008] ICR 185 

Matuszowicz v Hull City Council [2009] EWCA Civ 22, [2009] IRLR 288, [2009] ICR 1170, [2009] 3 ALL ER 685 

Wilson-v-Warman International IDS Brief 718 (EAT)

Barlow & Snelson-v-P E Jones IDS Brief 744 (EAT)

Robinson Steele-v-R D Retail IDS Brief 754 (ET reference to ECJ)

Cartlidge v Dugdale PLC IDS Brief 836 (EAT) 

Significant recent unreported decisions (ALL EAT):

Hughes & Beaumont v GMB (Employment status of Branch Secretary)

Hussain v John Dobson & Sons (Henderson v Henderson)

Cliffe v KSS (territorial jurisdiction)

Firth v BRC Barnsley (Content of review provisions of 2004 Rules) (Also Court of Appeal) 

Booth v Oldham MBC (Meaning of Disability)

Clegg v Sony Ericcson (Fairness of Dismissal)

Wright v RSPCA (Adequacy of Reasons)

Wells v First Manchester (Statutory Procedures)

Sandsfield Gravel Co v Loving (fairness of dismissal and statutory procedures)

Recommendations:

Chambers and Partners 2010:
Listed as a Leader at the Bar
" is a popular barrister who represents unions, local authorities and individuals.... Clients favour his 'assured performances' "

Chambers and Partners 2009:
Listed as a Leader at the Bar
"..is respected for his 'effective and assured performances in the tribunal."

Chambers UK 2008:
"Incisive, no-nonsense and meticulous"... he impresses with his "incredible recollection and commanding grasp of the facts"   

Legal 500 2008:
“is recommended for document heavy cases; he can ‘find the essential document in a mound of
paper' "  

Legal 500 2007:
"is recommended for both EAT and appellate instructions"                               

 


Memberships:
 Employment Law Bar Association
Personal Injury Bar Association
Northern and North Eastern Circuits
Employment Lawyers Association

Panels:     Disability Rights Commission   

Career & Education:

University:

Cambridge (Downing College)

Degree:

Law (MA)

Senior Seaton Scholarship

University Prize for Company Law

Called:

1997 (Middle Temple)

Astbury Scholar
Mooted for the ICSL in the European Moot Finals in Copenhagen
Other career details: Nicholas gained the Northern Circuit Free Representation Award in 1999.
Languages Spoken:

French

 

Nicholas Siddall

Year of Call: 1997

Equal Opportunities Officer

Specialises In:
Employment &
Personal Injury

Clerked by:
 Stephen Loxton 

Chambers UK

 

 

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