Nicholas Siddall

 

"..is respected for his 'effective and assured performances in the tribunal." Chambers and Partners 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, ASU, UNISON and CAATU. Nicholas is also regularly instructed by employers of all sizes and is currently advising Hull City Council in their defence of the various contractual and equal pay issues arising from the implementation of "single status".

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.

Nicholas has acted on behalf of claimants and respondents in heavy weight discrimination cases including acting for the Claimant in a two week race discrimination claim by a probation officer against the Manchester Probation Area. 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 is currently involved in an appeal to the Court of Appeal as to the trigger date when time starts to run for the purposes of presenting a complaint of a failure to make reasonable adjustments. 

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.

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.

Nicholas is constantly involved with 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.

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 to also undertakes significant employment based contractual litigation in the County and High Courts.  He is currently involved in an appeal to the Court of Appeal as to the extent to which an implied term providing enhanced pension provisions on ground of ill-health retirement can serve to qualify the lawfulness of an employer's decision to dismiss an employee on grounds of permanent ill-health. 

Significant Reported Cases:

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

Holis Metal Industries v The GMB and Newell IDS Brief 845 (EAT) [2008] IRLR 187, [2008] ICR 464 

Cokayne v BASC IDS Brief 845 (EAT) [2008] ICR 185 

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)

Recommendations:     

Chambers and Partners 2009: listed as a Leader at the Bar

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

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

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

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

Panels:     Disability Rights Commission

 

Career & Education:

University:

Cambridge (Downing College)

Degree:

Law (BA)

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

 

 

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