Martin Budworth


Employment

Manchester

36 Young Street, Manchester, M3 3FT
DX: 718188 MCH 3
Direct Dial: 0161 832 9082

Leeds

5 Park Square, Leeds, LS1 2NE
DX: 713113 LEEDS PARK SQ
Direct Dial: 0113 242 1123

Birmingham

Embassy House, 60 Church Street,
Birmingham, B3 2DJ
DX: 13023 BIRMINGHAM
Direct Dial: 0121 200 3570

Clerked by:
Colin Griffin
Gary Young
Paul Clarke

Employment

Martin is a very experienced employment junior practising at a senior level (often appearing alone against Queen's Counsel). He deals with cases across the full range of employment law with considerable additional experience in restrictive covenant/confidential information work and the other commercial aspects of employment law. He was on the Attorney General's Panel of Counsel for 5 years and regularly carried out employment cases for HMRC, Ministry of Justice and other departments. He also has experience of Gangmasters Licensing issues.

Significant reported cases

Bailey-Tsavalas v Express Solicitors

Whether a salaried-partner solicitor was an employee or true partner. Settled after the hearing before the reserved judgment was handed down. Successful representation of the Claimant. Jennifer Eady QC for the Respondent.

Ward, Swift & Dennison v WYG Group PLC

Three unlimited value claims of former directors of large property group dismissed for alleged protected disclosures. Successful representation of the Claimants at trial, on review and on appeal. Mary O'Rourke QC for the Respondent.

Mr P Fentem v The King's School, Chester

Claim for whistle-blowing by Head of Classics at prestigious independent school. Settled part-heard. Representing the Claimant. Caspar Glyn QC for the Respondent.

The Commissioners for HMRC v Jones & Ors T/A Holmescales Riding Centre UKEAT/0458/13/BA

Test case at the EAT on exceptions to National Minimum Wage legislation and definition of apprenticeship.

Lees & ors v Tesco Stores

Successfully defending Tesco against group action arising from a terms and conditions change.

Mason v Huddersfield Giants [2013] EWHC 2869 (QB)

Representing the Claimant in the high profile High Court wrongful dismissal claim brought by Super League rugby player. Dismissal arose from a Twitter indiscretion and the case analysed the link between employment and social media use. Judgment for the Claimant with indemnity costs.

Other reported cases: 

ASE PLC & ANOR v KENDRICK & ORS (2014)
An interim injunction preventing an employee from competing for six months with his former employer, a company in the automotive industry, was granted where that employee had held significant responsibility for nurturing and fostering clients, which was vital information in the industry. An injunction sought by a partnership related to that company to enforce a non-solicitation clause in respect of another employee was refused where it sought to restrict soliciting of the company's clients, whereas the partnership contract was limited to those of the partnership's.
[2014] EWHC 2171 (QB)(Lewis J)  
 
S CONNOLLY v WHITESTONE SOLICITORS (2011)
In order to find that the performance of an employment contract was tainted by illegality it was necessary to show that an employee knew that a claim to self-employed status to the Revenue was unsustainable at the time the claim was made.
EAT (Judge Richardson) 24/06/2011 
 
(1) M ZAMAN (2) S ZAMAN (3) M ZAHUR v KOZEE SLEEP PRODUCTS LTD t/a DORLUX BEDS UK (2010)
The cap on the calculation of "weekly pay" under the Employment Rights Act 1996 s.227 did not apply to awards of compensation due to employees under the Transfer of Undertakings (Protection of Employment) Regulations 2006 reg.15(8) for breach of an employer's information and consultation obligations.
EAT (Underhill J (President), P Tatlow, M Worthington) [2011] ICR D5 

K JONES v MEM MARKETING RETAIL SERVICES (2008)
The employment tribunal had been entitled to reject a claim for unfair dismissal where it had found that the claimant had, in a redundancy situation, unreasonably refused an offer of alternative employment.
EAT (Judge Serota QC, SR Corby, M Worthington) LTL 30/1/2008 
 
T GOVER & ORS V PROPERTYCARE LTD (2006)
There was no justification for the proposition that the principle in Polkey v A E Dayton Services Ltd (1987) 137 NLJ 109 did not apply where the dismissal would have been unfair in any event.
CA (Civ Div) (Buxton LJ, Lloyd LJ, Richards LJ) [2006] 4 All ER 69 : [2006] ICR 1073 : Times, May 1, 2006 


Profile

Chambers UK Logo 2016Martin is a busy senior junior who has progressed to dealing with substantial pieces of litigation (often appearing alone against Queen's Counsel). Martin has been ranked consistently in the directories as a leading practitioner year on year since 2006. He served on the Attorney General's Panel of Counsel for five years. He carries a broad practice as detailed below. His established background in both commercial litigation and employment law makes him well suited to issues in the sports law field and he is nationally recognised for considerable experience in all aspects of sports law litigation and is ranked in Band 1 for the Regions by Chambers and Partners UK. He also sits as an arbitrator in sports disputes, appointed by Sport Resolutions.

Areas of expertise
  • Banking & Finance
  • Dispute Resolution
  • Employment
  • Sport
Recommendations

Chambers UK 2017:

"He's technically bright, extremely pragmatic and excellent both on paper and in court." "He gets to the point very quickly and doesn't beat about the bush." "Good on his feet and calm under pressure."

"A real star and a sports nut who gets some great results for players."

Chambers UK 2015:

"He's very hard-working and really understands the sports sector."

Chambers UK 2014:

Martin Budworth “is best recognised for his expertise in football and boxing”

Chambers UK 2013:

Martin Budworth "maintains a broad commercial litigation practice, and has carved out a considerable niche in sports disputes. Instructing solicitors speak highly of the commercial approach of this experienced junior, who continues to receive notable instructions in sports cases."

Chambers UK 2012:

Martin Budworth is "a strong advocate with a thorough insight into sport."

Chambers UK 2011:

"Martin Budworth has developed a notable sports disputes practice, and has handled cases across a range of sports, including football, boxing and rugby."

Legal 500 2017:

‘A very bright and innovative thinker, who has the ability to be a real street fighter when required.’

‘Pragmatic and great on his feet.'

Legal 500 2015:

"An excellent cross-examiner"

Legal 500 2014:

"Very commercial and client friendly"

Legal 500 2014:

"Presents his case in a very bench-friendly way"

Legal 500 2012:

"Continues to build on his reputation in sports litigation"

Legal 500 2011:

"Impressive"

Legal 500 2010:

"Martin Budworth's sports related practice continues to flourish"

Legal 500 2009:

"has built a strong following for sports-related disputes"

Legal 500 2008:

"is ahead of his call and taking more complex cases"

Legal 500 2007:

"is fulfilling early promise and 'very good value'"

Recommended in the Legal 500 2006

Memberships

Inner Temple

British Association for Sport and the Law

Northern Circuit Commercial Bar Association

Appointments

Arbitrator for Sport Resolutions and the Football League

Qualifications

LLB (Dunelm)

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