Paras Gorasia


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:
Paul Clarke



Employment

 
EMPLOYMENT RELATED LITIGATION AND RESTRAINT OF TRADE

 

Paras is regularly instructed to advise upon disputes in respect of the enforceability of restrictive covenants and the use of confidential information by ex-employees. He has particular experience in respect of applications for and against injunctive relief and is well versed in dealing with disputes concerning the fiduciary duties of directors and senior employees. He is frequently instructed in litigation in areas as diverse as bonus claims, pensions related disputes, professional regulatory hearings, employee incentive/share schemes and negligent misstatement claims.

 

Significant Cases

 

Instructed on behalf of a group of police officers to advance claims against their Constabulary under the Protection from Harassment Act 1997 for damages including personal injury as well as concurrent associated claims before the tribunal;

Instructed to represent a nurse before the NMC at an interim order hearing in respect of regulatory proceedings concerning her fitness to practice, persuaded NMC to impose conditions on practice as opposed to suspension;

Instructed to defend an oleochemical business in a high court claim, cumulatively worth approximately £1 million from group claimants alleging entitlement to enhanced redundancy terms;

Instructed on behalf of a Premier League Manager to advise on a £2.5 million contractual matter arising out of the termination of his employment;

Instructed on behalf of an Insurance Broker for proceedings against an ex-employee for breach of non-solicitation and non-competition covenants;

Instructed on behalf of a European Chemical Distributor to advise upon proposed injunctive relief proceedings against senior ex-employees for breach of fiduciary duties and misuse of confidential information;

Instructed on behalf of a former CEO and Director of a professional accountancy body to advise upon proposed injunctive relief proceedings against his former legal advisers for misuse/breach of confidential information;

Instructed on behalf of a Director of a large facilities management company to advise on concurrent claims for unfair dismissal and unpaid bonus worth £500,000;

Instructed on behalf of a doctor in proceedings before the GMC to resist suspension/conditions placed on his licence;

Instructed on behalf of a Defendant to defend claims of alleged misuse of confidential information, breach of restrictive covenants, breach of contract and breach of fiduciary duties including the diversion of corporate opportunities with a pleaded value of £1.65 million;

Instructed on behalf of a Claimant for proceedings against 3 ex-employees of a financial advisory firm for breach of contract, breach of fiduciary duties and diversion of corporate opportunities.

 

PUBLIC INTEREST DISCLOSURE, DISCRIMINATION AND EQUAL OPPORTUNITIES LITIGATION  

Throughout his career at the Bar, Paras has been involved in a multitude of lengthy and complex multiday public interest disclosure/discrimination cases acting and advising both Claimants and Respondents nationally. He has built up particular expertise in high value, complex and reputationally sensitive disputes and has acted for some of the largest and most prominent employers in the country across the entire spectrum of claims arising out of these areas, as well as associated claims in the Civil Courts.

 

Significant Cases

 

Instructed on behalf of a Chief Coroner and District Council to resist a claim for a judicial pension pursuant to the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000, brought by a fee-paid coroner;

Instructed on behalf of a female associate solicitor to pursue an equal pay claim against her previous law firm on account of a systemic history of underpayment vis-à-vis a male colleague;

Instructed on behalf of a prominent sports club to defend claims of whistleblowing, race discrimination and constructive unfair dismissal arising out of protected disclosures alleging various breaches of transfer regulations;

Instructed on behalf of a former Managing Director of a prominent transport company for claims of detriments and dismissal due to protected disclosures involving health and safety issues in a claim worth in excess of £250,000;

Instructed on behalf of multiple Claimants in a 25 day case involving claims of whistleblowing and multiple allegations of serious financial impropriety against a prominent public body with the pleaded quantum of the claims exceeding £200,000;

Instructed on behalf of multiple Respondents in a highly sensitive case listed for 10 days to defend claims of sex discrimination, harassment, victimisation, wrongful and unfair dismissal;

Instructed on behalf of a government department to defend claims of sex discrimination with the Claimant asserting the pleaded value of his claim at £1.2 million;

Instructed on behalf of a top 35 law firm in a case listed for 9 days to defend multiple allegations of direct disability discrimination, indirect disability discrimination, discrimination arising out of a disability and failures to make reasonable adjustments

Instructed on behalf of multiple Respondents in a 5 day case involving highly sensitive allegations of sex and race discrimination, including an allegation of racially aggravated assault. The Tribunal agreed with Paras’ submissions that the Claimant’s claims were “baseless, misconceived, vexatious and unreasonable” and that the Claimant was “illegitimately attempting to use this tribunal to achieve a pay off and that her claim was an abuse of process”. The Tribunal made two adverse costs Orders against the Claimant totalling £18,100

 

TUPE, COLLECTIVE LABOUR DISPUTES AND TRADE UNION LITIGATION  

 

Paras has extensive experience dealing with TUPE and collective labour disputes on behalf of both Claimants and Respondents on a national basis. He has particular experience in advising upon the extraterritorial application of the TUPE regulations and is often instructed to deal with crossover issues across the entire spectrum of employment disputes and TUPE transfers. He is also frequently instructed in collective labour disputes such as protective award claims, collective contractual claims, collective bargaining disputes and union recognition claims.

 

Significant Cases

Instructed on behalf of a group of Claimants pursuing claims for a protective award and failure to consult in respect of outsourced TUPE transfer from a client to a 3rd party telecommunications provider;

Instructed on behalf of a group of Claimants pursuing claims for a protective award, unfair dismissal and failure to consult under regulation 13 TUPE in respect of the insolvency of a law firm specialising in personal injury against another prominent law firm.

Instructed on behalf of over 100 Claimants to pursue claims for a protective award arising out of a large scale redundancy process, the cumulative value of this successful claim being worth in excess of £1.25 million;

Instructed on behalf of multiple Claimants in a 3 day case against multiple Respondents to determine whether a TUPE transfer occurred, along with associated claims of unfair dismissal, breach of contract, unlawful deduction of wages, and failure to consult under TUPE or TULR(C)A;

Instructed on behalf of a prominent Coal Operating Company in administration to defend claims for a protective award and failure to consult under regulation 13 TUPE involving a potential liability of over £4 million;

Instructed by a Respondent in a 5 day case to defend claims brought by a Claimant alleging, inter alia, automatic unfair dismissal by virtue of the TUPE regulations, involved a novel point on what impact a non-effective TUPE transfer has on a contract of employment with a transferee;

Instructed on behalf of a Claimant in a 4 day case involving a consideration of whether a TUPE transfer could be effected in circumstances where the closure of a business occurred by way of forfeiture;

Instructed by a Local Authority to advise them upon the applicability of the TUPE regulations in relation to a proposed change of contractor involving a potential liability of circa £100,000.

 

UNFAIR AND WRONGFUL DISMISSAL

 

Paras enjoys an expansive practice in relation to unfair and wrongful dismissal claims and has particular experience in high value concurrent Tribunal/Civil claims. His practice is balanced in respect of Claimant and Respondent work and he is regularly instructed on advisory matters pertaining to liability and quantum in the more complex claims. Paras has substantial experience dealing with unfair/wrongful dismissal claims involving senior executives/employees and has advised and regularly represents directors and high net worth individuals in their employment disputes.

 

Significant Cases

 

Instructed by a Respondent who had admitted to fabricating documentary evidence to support an extension of time to file an ET3. Paras was successful in persuading the employment tribunal to exercise its discretion to extend time to allow the defence of the unfair dismissal claim, despite the Respondent’s admitted dishonesty;

Instructed by a law firm to advise on disciplinary and dismissal proceedings against an associate solicitor specialising in employment law on grounds of suspected alcohol misuse and breakdown in working relationships;

Instructed on behalf a Surgeon (backed by the British Medical Association) to pursue a claim of unfair dismissal and protected disclosure detriment against an NHS Trust, successful in recovering over £112,000 in compensation;

Instructed on behalf of a Claimant who was an ex-employee of a US oil and gas company based in Nigeria to argue at a preliminary hearing that the Tribunal had jurisdiction to entertain his unfair dismissal complaint. Also instructed in substantive 4 day hearing;

Instructed on behalf of a Respondent to defend an unfair dismissal claim from their ex-Operations Director on the grounds that he had breached his fiduciary duties and sought to set up a competing business whilst in the Respondent’s employment;

Instructed on behalf of a multinational Respondent to defend a claim brought by a senior ex-employee for unfair dismissal, the case involved allegations of theft and fraudulent accountancy practices;

Instructed on behalf of an investment banker in one of the pre-eminent global financial services firms in the country to advise on issues arising out of the termination of his employment.


 

"Frequently works on high-value and complex claims involving discrimination, whistle-blowing and TUPE. His clients range from large multinational corporations in the financial, retail and pharmaceutical sectors to government departments…"

Chambers UK

Profile

Paras is a leading senior junior barrister specialising in Employment Law and is consistently recognised by both Chambers and Partners and the Legal 500 for his work in this field. Paras has over 10 years experience advising and representing parties before the Employment Tribunal and Civil Courts and is appointed to the Attorney General’s Regional Panel of Junior Counsel to the Crown, the Welsh Assembly Government’s Panel of Junior Counsel in Employment Law and the Sport Resolutions Pro Bono Legal Advice Panel. He is regularly instructed on strategically important, high value, complex and reputationally sensitive disputes involving leading corporates, government bodies and senior executives. He is particularly known for his ability as a cross-examiner, his technical ability and his commercial nous. He has developed a national practice with a client base that encompasses a diverse range of sectors and industries, a sample of his clients have included:

IBM, Shell, RAC, RSA, AMEC Foster Wheeler, Michelin Tyres, Adidas, CBRE, Manchester City FC, Manchester United FC, Virgin Active, LA Fitness, AstraZenica, Reckitt Benckiser, Unilever, Smith & Nephew, PZ Cussons, Superdrug Stores, Teva UK, Air France, British Airways, Balfour Beatty, Jewsons, UK Coal, DHL, Saint Gobain Building Distribution, Veolia Environmental Services, Hinduja Global Solutions, Air Products, BT, TalkTalk, BSkyB, Molsen Coors, Marriott Hotels, Travelodge Hotels, National Express, Pets at Home, McDonalds, Greggs, Tesco, Sainsbury’s, Weetabix, Topman/Topshop, Matalan, Primark, Barclays Bank, Santander, Royal Bank of Scotland, Co-operative Bank, General Medical Council, Ministry of Justice, Secretary of State for Justice, Secretary of State for Health, Home Office, DWP, HMRC, Ministry of Defence, ActionAid, Solicitors Regulation Authority and Amnesty International.

Year of Call: 2005

 

Significant Cases

Eyres v Air-Vane Compressors Ltd UKEAT/0347/16/DA - Instructed on behalf of the appellant to contend that the ET had erred and/or reached a perverse conclusion in its approach to a primary finding of fact which had not been advanced by either party before it;

National Union of Mineworkers v UK Coal Kellingley Ltd & Anor ET 1800370/2016 Instructed on behalf of UK Coal Kellingley to defend claims for a protective award pursuant to s188 TURL(C)A 1992 arising out of the closure of the last deep mine in the UK, the total cumulative value of the claim being in excess of £1million (against John Hendy QC);

Ham v Governing Body of Beardwood Humanities College [2017] EWCA Civ 1629Instructed on behalf of the appellant before the Court of Appeal (having not appeared previously) to argue that the ET and EAT had erred in their approach to the application of s98(4) ERA 1996 and the question of whether dismissal fell within the band of reasonable responses, commended by the Court for his “skilful arguments”;

V Brown and Others v 1) London General Transport Services Ltd 2) Blue Triangle Buses Ltd UKEAT/0136/16/RN – Instructed by the Claimants (circa 50 bus drivers) in an appeal concerning non-payment of allowances following a TUPE transfer;

West v Royal Bank of Scotland PLC UKEAT/0296/16/BA – Instructed by the Respondent to resist an appeal on the grounds that the tribunal erred in their approach to the Claimant’s disability discrimination claims;

Peters v Rock Chemicals Ltd [2016] EOR 30 (March) – Instructed by the Claimant and recovered over £182,000 in an age discrimination, breach of contract and unfair dismissal claim. The ET found that the Claimant faced “trumped up” charges and that the “whole matter was a complete shambles”;

Kenyon Road Haulage v Norman Kingston – A2/2014/3446 – Successfully resisted appeal before Court of Appeal against successful finding of unfair dismissal on the basis that the tribunal substituted their view of reasonableness and failed to follow the Burchell guidelines;

Kenyon Road Haulage Ltd v Kingston UKEAT/1238/13/RN – Instructed to resist appeal against successful finding at first instance of unfair dismissal on the basis that the tribunal substituted their view of reasonableness and failed to follow the Burchell guidelines;

Mental Health UK Ltd v Biluan & Ors [2013] All ER (D) 265 – Instructed by the respondents to resist an appeal on the grounds that the tribunal substituted their view of reasonableness in a redundancy exercise and/or reached perverse outcomes;

Baskaran v IMTECH Traffic & Infra UK Ltd UKEAT/0018/13/GE – Instructed to resist appeal against successful order for costs of £10,000 made by ET at first instance (against Paul Epstein QC) and dismissal of claimant’s claims for race and age discrimination;

Local Government Yorkshire and Humber v Shah [2012] All ER(D) 20 (Nov) – Instructed by the appellant and successfully argued before the EAT that any uplift for failing to comply with the ACAS code under s207A TURL(C)A 1992 only applied to employees and not workers;

Dixon v Croglin Estate Co Ltd & Ors [2012] EqLR 187 – Instructed on behalf of multiple respondents to defend a high value claim for unfair dismissal and age discrimination;

Argyll Coastal Services v Stirling & Ors [2012] IDS Brief 949 – Instructed on behalf of the respondent (led by Nicholas Siddall) in the Scottish EAT to consider, inter alia, the correct interpretation of regulation 3(4)(c) of TUPE 2006;

Pybus v Geoquip Limited [2011] All ER (D) 244 – Instructed on behalf of the appellant (led by Nicholas Siddall) before the EAT in an appeal involving a consideration of the correct approach to calculating Polkey deductions in applicable cases;

Instructed on behalf of the successful claimant at first instance in the case of Jones and Ors v OCS Group [2009] All ER (D) 138, which concerned the application of a service provision change as defined within regulation 3(1)(b) of TUPE 2006;

Areas of Expertise
  • Employment Related Litigation and Restraint of Trade
  • Public Interest Disclosure, Discrimination and Equal Opportunities Litigation
  • TUPE, Collective Labour Disputes and Trade Union Litigation
  • Unfair and Wrongful Dismissal

 

Memberships

Honourable Society of the Inner Temple
Employment Law Bar Association
Employment Lawyers Association
Industrial Law Society
Member of the Chartered Institute of Arbitrators (MCIArb)
Mentor for the Social Mobility Foundation
Barrister Member of the Bar Pro Bono Unit

Employment Lawyers Appeals Advice Scheme (ELAAS)

 
Appointments

Approved Counsel for the Equality and Human Rights Commission (2011-2015)

Appointed by the Bar Standards Board as an External Examiner for Employment Law

Convenor and Lecturer on the LLM Employment Law Module at BPP Law School
Judicial Assistant to the Master of the Rolls at the Court of Appeal (Civil Division)
Associate Lecturer at the Open University
Visiting Tutor in Employment Law at University of Reading
Examiner in Land Law at Queen Mary, University of London    
Visiting Tutor in EC Law at Hertford College, Oxford University
Visiting Lecturer in Land Law at Birkbeck College, London
Visiting Tutor in Land Law at Queen Mary, University of London
Visiting Tutor in Land Law at the University of Leicester
Visiting Tutor in Contract and Company Law at the University of Buckingham

 

Qualifications

Bachelor of Laws (LLB) (First Class Honours) at University of Kent

Bachelor of Civil Law (BCL) at Exeter College, Oxford
Master of Philosophy (MPhil) in Law at Exeter College, Oxford
Master of Laws (LLM) at King’s College London
Bar Vocational Course (BVC) at ICSL

Scholarships:

Pegasus Scholarship to Hong Kong (Pegasus Scholarship Trust)
Major Scholarship (Inner Temple)
Leonard Woodley Scholarship (Inner Temple)
Bar European Group Phoenicia Scholarship
Faculty of Law Graduate Scholarship for MPhil (Oxford University)
Kent Law School Prize for Academic Performance
Kent Law School Mooting Prize

 

Recommendations

Legal 500 UK 2018:

‘Very intelligent and very good with clients.’

 ‘A highly talented barrister who delivers on every level.’

Chambers and Partner UK 2018:

Listed as a Leader at the Bar (Band 2)

“Frequently works on high-value and complex claims involving discrimination, whistle-blowing and TUPE. His clients range from large multinational corporations in the financial, retail and pharmaceutical sectors to government departments…”He is great with clients, practical, responsive and extremely approachable. He is a very safe pair of hands.””

Legal 500 UK 2017:

"A highly talented barrister who delivers on every level" and "Very intelligent and very good with clients"

Chambers and Partners UK 2017:

Listed as a Leader at the Bar (Band 2)

“Frequently works on high-value and complex claims involving discrimination, whistle-blowing and TUPE. His clients range from large multinational corporations to government departments…"He is approachable, intelligent and great with clients. He is extremely responsive." "A persuasive advocate."”

Legal 500 UK 2016:

“An extremely user-friendly barrister, who has an ability to put witnesses under the necessary amount of pressure on the stand.” And “Very user-friendly and well liked by clients.”

Chambers and Partners UK 2016:

Listed as a Leader at the Bar (Band 2)

“Has a focus on employment law and its intersection with commercial litigation. Paras Gorasia handles matters of high complexity or worth such as TUPE transfers, restrictive covenants, whistleblowing and unfair dismissal…”He is technically excellent, robust and a strong advocate, yet extremely approachable and easy to work with.””

Legal 500 UK 2015:

“Extremely responsive, efficient and good on his feet."

Chambers and Partners UK 2015:

Listed as a Leader at the Bar (Band 2)

"A skilled advocate who has developed a far-reaching employment law practice. He often acts for government bodies in employment disputes..."He is very good with the clients; a modern barrister with very good technical abilities." "He is very commercial and savvy.""

Legal 500 UK 2014:

“Represents large companies and central government departments in disputes’."

Chambers and Partners UK 2014:

Listed as a Leader at the Bar (Up and Coming)

“Has a broad employment practice which covers a wide range of issues, including restrictive covenants, unfair dismissal, and commercial work with an employment flavour..."He is always willing to go the extra mile and, although still relatively junior, his discrimination knowledge is far beyond his years. Clients have been delighted with his detailed approach, thorough preparation and style of cross-examination."

Legal 500 UK 2013:

“recommended”

Chambers and Partners UK 2013:

Listed as a Leader at the Bar (Up and Coming)

“Paras Gorasia is a rising star and "excellent all-rounder" within this set, and is "very personable with clients" yet still "exudes authority." Sources are quick to praise his "fantastic cross-examination skills." In addition to employment law, he also undertakes employment-related commercial work.”

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