Ben Williams

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Year of Call: 2001

Employment

Profile:

Ben is a member of the Employment Law team. He is experienced in all areas of Employment and Industrial Relations Law including unfair dismissal and victimisation claims. Ben's expertise in licensing law has lead to his consistent representation of employers within the licensed sector, including public houses, nightclubs, restaurants, supermarket chains, and the gambling and leisure industry.

Ben is frequently asked to advise upon contractual drafting including the formulation of work place policies. He regularly appears before Tribunals for both Claimants and Respondents. Ben regularly contributes to articles published in a number of journals and newspapers including Personnel today. He is regularly invited to provide guidance on topical matters within an employment law context, for example; time off caused by the impact of swine flu and the volcanic ash cloud, and has been published in The Financial Times.

Ben regularly delivers talks to Solicitors on topics of interest.  Recent seminars have included:

• Employment law update (twice a year)
• Union recognition and Time off for employees for Union duties
• Redundancy - A Practical Guide for employers

Unfair & Wrongful Dismissal

Ben has extensive knowledge and experience in Unfair Dismissal claims before Tribunals. He acts for both Claimants and Respondents including small companies to NHS Trusts and large multi-national corporations. He regularly represents clients in claims heard over a number of days, including a recent case lasting nearly two weeks. Ben has a strong advisory practice through the growing awareness of employers and employees alike, to have a full and proper understanding of the law from an early stage of proceedings. He is regularly asked to advise on rights of appeal; costs; compensation; best practice and prospects of success.

Contractual Litigation

Ben has a growing practice in contractual terms litigation, including the application of restrictive covenants and other forms of post-termination restraints. Ben has recently been requested to rationalise contracts of employment and work-place policies for a company employing over 500 employees. He recently achieved a significant award for a client in respect of a breach of the terms of a compromise agreement.

Discrimination & Equal Opportunities

Ben has appeared for both Respondents and Claimants in a number of Discrimination cases including Sex; Race; Sexual Orientation, Religious and Age Discrimination. Ben regularly appears before Tribunals throughout the UK in lengthy matters concerning multiple claims. Recently Ben acted for an employer in a particularly difficult Disability Discrimination claim that lasted over a week in the Glasgow Employment Tribunal. Ben has a wealth of experience in Employment Tribunal Claims pertinent to the Transport and Road Haulage Industry due to his in depth knowledge of Regulation within the Industry.

Significant / Reported Cases:

C BURNS v KILLGERM GROUP LTD (2009) EAT (Underhill J) [2009] All ER (D) 111 (Aug); LTL 23/4/2009 (Employment; Equal Pay Act 1970; Employment Act 2002grievance - whether statements in pleadings in County Court proceedings could constitute a grievance)

FRANCE v LANCASTER TRAINING SERVICES (2009) EAT (Judge Pugsley) (unreported); LTL 30/11/2009 (Consideration of the test applied to the definition of an employee)

Memberships:

Road Transport Lawyers Association
Employment Lawyers Association
Employment Law Bar association
Northern & North Eastern Circuits

	Career and Education:
University:	Newcastle upon Tyne
Degree:	LLB - Law (Upper Second Class Honours)
Year of Call:	2001 (Middle Temple) Middle temple Scholar, including the Joseph Jackson Pupillage prize.
Joined Chambers:	2006