Nicholas Siddall

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Year of Call: 1997

Kings Chambers’ team head Nicholas Siddall ‘copes exceptionally well with difficult clients’, and is ‘always thoroughly prepared with excellent written and oral submissions’. Legal 500 2011

Practice:

Employment law
Unfair and Wrongful Dismissal
Discrimination and Equal Opportunities Litigation
TUPE
Collective Labour Disputes and Trade Union Litigation
Employment Related Litigation
Mediation and ADR
Restrictive Covenants and Confidential Information

Profile:

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

Nicholas undertakes work on behalf of both employers and employees.  He is regularly instructed by a number of Trade Unions including UNITE and Nautilus.  He acted for the two Vice Chairmen of the Prison Officers' Association in a twenty day case of sex discrimination, whistleblowing detriment, trade union detriment and unfair dismissal brought against the National Chairman, General Secretary and Finance Officer of the POA. He recently advised Nautilus as to the potential impact on the lawfulness of various collective pay agreements of the enactment of the Equality Act 2010 (Ships and Hovercrafts) Regulations 2011.

Nicholas is also regularly instructed by employers of all sizes and advised Hull, Carlisle and Norwich City Councils as to the lawfulness of their implementation of single status.  Nicholas also advised the National Probation Service (South Yorkshire) as to a series of redundancy and consultation issues arising from its outsourcing of key functions. He recently advised Heathrow Express as to collective bargaining issues and the effect of its recognition agreement with the relevant unions.

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. For example, Nicholas 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 was successful in the defence of a five day claim of constructive dismissal brought by the Head of Orthotics of a Midlands based NHS Trust (including an award of costs against the Claimant).He was recently successful in his defence of a 5 day claim of health and safety dismissal brought against a national pharmaceutical company.

Nicholas has particular experience in whistleblowing litigation. He recently appeared on behalf of Cooperative Financial Services Limited in defence of various claims of unfair dismissal and whistleblowing detriment listed for ten days arising out of the dismissal of financial advisors as a result of their fraudulent selling of insurance policies. He is further instructed on the appeal arising from the Employment Tribunal’s determination in that claim which shall address the test for determining whether an alleged inconsistency of treatment is capable of rendering a dismissal unfair. He is also currently instructed on behalf of a former deputy head teacher of a secondary school who contends that she has been subjected to repeated detriments and dismissal as a result of her protected disclosures to her employer. The matter is listed for ten days and the Claimant seeks damages in excess of £500,000.

Nicholas acts on behalf of claimants and respondents in heavy weight discrimination cases. He was instructed in a high profile claim on behalf of a claimant surgeon claiming race and religious discrimination and whistleblowing detriment. The matter was listed for twenty days and attracted significant press and Parliamentary attention as a result of the surgeon's allegations of inadequate care being provided to Muslim children in the Midlands. He also appeared on behalf of a former employee of South Yorkshire Police who asserted that his belief in the threat of a Satanic new world order amounted to a protected belief under the Religion and Belief Regulations and thus his dismissal amounted to unlawful discrimination. He recently acted on behalf of a trainee Claimant surgeon in an eight day claim of race discrimination/victimisation with a pleaded value of £2million. The Claimant’s allegations spanned six years and he alleged that his unlawful treatment by the Respondent had caused him to fail in his career as a surgeon.

Nicholas also appears in significant sexual discrimination, sexual harassment and sexual orientation discrimination claims including acting for the claimant in a sex based victimisation claim with a pleaded value of £4.3 million brought by a consultant anaesthetist against her former employer NHS Trust.  He was further successful in his defence of a seven day hearing of sexual orientation discrimination brought by a homosexual male claimant against Blackpool Pleasure Beach.

He 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 was recently successful on behalf of the National Probation Service (South Yorkshire) in defending a seven day claim of disability discrimination brought by a former probation officer. He recently successfully advised in the defence of an eight day claim of disability discrimination ( and associated High Court proceedings) brought by a former CEO of a large steel company against a series of group companies.

Nicholas has spoken regularly to professional audiences as to the impact of the Employment Equality (Age) Regulations 2006. He advised the National Probation Service (South Yorkshire) as to the lawfulness of its proposed early retirement and redundancy packages. Further he recently appeared for the respondent in a collective challenge to the lawfulness of a public sector employer’s enhanced redundancy payments package.

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 appeared in a recent appeal addressing whether TUPE applies to the MOD's decision to award a military support contract in the Falkland Islands to a Dutch company. The decision of the EAT addressed the application of the Service Provision Change definition contained within TUPE 2006 for the first time in an international context. He was recently successful in the defence of an eight day case to determine the extent to which a series of senior employees employed by a Group company are able to assert that they are properly ‘assigned’ to a series of transferred subsidiary companies and thus present claims of unfair dismissal. He is further presently instructed to appear for the Respondent in a claim to determine if the Service Provision Change definition applies as regards a transfer of contracts performed aboard oil rigs in the Irish Sea.

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.  He was recently instructed on a twenty day local authority "GMF" hearing on behalf of a series of successor schools and regularly appears in equality of value hearings before the tribunal.

Nicholas has particular experience in the field of the Working Time Regulations and was involved in the reference to the CJEU regarding the lawfulness of "rolled up" holiday pay.  He was successful on behalf of the claimants in a test case to determine the rights of over 100 union backed harbour pilots to daily and weekly rest breaks or suitable compensatory rest. The decision was considered on appeal and the judgment of the EAT has referred to the CJEU the question of the proper application of the derogation provided by Regulation 21 of the WTR and its compliance with EU law.

Nicholas has a particular interest in the provisions of the Agency Worker Regulations and has been instructed to advise several employment agencies as to how best to amend their business practises in order to comply with the commencement of the Regulations.

Nicholas has significant experience of industrial relations based litigation, collective bargaining, 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. He later appeared successfully on behalf of the Department in the mediation which resolved this dispute. He recently assisted the Department of Health of the Isle of Man to secure an injunction to restrain breaches of patient confidentiality by a former surgeon. Further he recently secured an injunction to prevent an insurance territory manager acting in breach of the restrictions contained in his contract of employment. He was also instructed in a fifteen day High Court hearing on behalf of a clerk to an overseas local authority in his claim for wrongful dismissal seeking damages in excess of £1 million. 

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

Significant Reported Cases:

Barlow & Snelson v P E Jones [2002] ALL ER (D)20 (EAT)

Wilson-v-Warman International [2002] ALL ER (D) 94 (EAT)

Warren v S&N Pubs and Restaurants [2003] ALL ER(D) (EAT)

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

Firth v BRC Barnsley [2004] ALL ER (D) 149 (EAT)

Booth v Oldham MBC [2004] ALL ER (D) 366 (EAT)

Hussain v John Dobson & Sons [2005] ALL ER (D) 19 (EAT)

Hughes & Beaumont v GMB [2006] ALL ER (D) 06 (EAT)

Cartlidge v Dugdale PLC [2007] ALL ER (D) 312 (EAT) 

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

Cokayne v BASC [2008] ICR 185 (EAT)

Matuszowicz v Hull City Council [2009] IRLR 288, [2009] ICR 1170, [2009] 3 ALL ER 685 (CA)

Sandsfield Gravel Co v Loving [2009] ALL ER (D) 42 (EAT)

Fenton & UNISON-v-NPSSY & Addaction [2010] IRLR 930 (EAT)

Arkley-v- Sea Fish Authority [2010] Pens LR 205, [2010]  ALL ER (D) 170, IDS Brief 918  (EAT)

Pinewood Repro Limited-v-Page [2011] ICR 508 (EAT)

Pybus-v-Geoquip Limited [2011] ALL ER (D) 244 (EAT)

Farrell-v-South Yorkshire Police Authority [2011] EqLR 934 (ET)

Argyll Coastal Sevices-v-Stirling & Ors [2012] IDS Brief 949 (EAT)

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

Significant recent unreported decisions (ALL EAT):

Bridgeman-v-ABP(CJEU reference as to interpretation of Regulation 21 WTR)

Wells v First Manchester (Statutory Procedures)

Cliffe v KSS (territorial jurisdiction)

Clegg v Sony Ericcson (Fairness of Dismissal)

Wright v RSPCA (Adequacy of Reasons)      

Whitton-v-F J Pistol (Disability Discrimination)

Recommendations:

Chambers and Partners 2012:
Listed as a leader at the Bar
The '"attentive" Nicholas Siddall of Kings Chambers gets his clients' complete confidence by taking the time to understand their individual needs and concerns.

Chambers and Partners 2011:
Listed as a leader at the Bar
“Nicholas Siddall of Kings Chambers is a skilled navigator of public sector-related TUPE, equal pay and unfair dismissal matters. He "impresses with his pragmatism and judgement."

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 '

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

Legal 500 2010:
"is experienced, thorough and commercial"

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

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
Northern and North Eastern Circuits
Employment Lawyers Association

		Career & Education:
University:		Cambridge (Downing College)
Degree:		Law (MA) Senior Seaton Scholarship University Prize for Company Law
Year of Call:		1997 (Middle Temple) Astbury scholar Mooted for the ICSL in the European Moot Finals in Copenhagen
Other Details:		Nicholas gained the Northern Circuit Free Representation Award in 1999
Languages Spoken:		French