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Colin Bourne
Year of Call: 1997
Colin is a specialist employment and discrimination law practitioner
Named as a leading junior in employment law -
"He provides detailed, pragmatic and commercially astute advice."
Chambers UK 2012
'always provides timely, high-quality advice on the full range of employment related issues'.
Legal 500 2011
'a highly experienced lawyer with "encyclopaedic knowledge of discrimination law."'
Chambers UK 2011
'Peers describe Bourne as a "formidable opponent," whilst instructing solicitors commend him for his "precise advice and ability to put clients at ease in any situation."'
Chambers UK 2011
'There is nothing Colin Bourne does not know about employment law. Robust and incisive'
Chambers UK 2008
Recommended in employment by Legal Experts 2007-10,
With a balance of Claimant and Respondent work, Colin acts for private and corporate clients in the whole range of employment related litigation:
- Unfair dismissal, information and consultation, redundancy claims; National Minimum Wage and working time cases.
- Contractual terms for senior employees, including restrictive covenants and other post-termination restraints;
- Transfer of businesses and the TUPE Regulations;
- Extensive experience of police work including discrimination and the Police Pensions Regulations; police discipline;
- Discrimination cases
QUALIFIED MEDIATOR
Colin is an accredited mediator with Centre for Dispute Resolution (CEDR) and has had involvement in wide range of commercial dispute mediations. He has long been an advocate of the use of mediation in complex cases, particularly where there is a need to preserve existing relationships and where adversarial litigation is likely to have a destructive effect.
Discrimination and harassment claims are especially suited to the process of mediation and Mr Bourne has experience both as mediator and as an advocate for parties in mediation.
Conferences & Seminars:
Colin is a regular speaker at Employment Law conferences for Industrial Relations Training Services, IBC and The Institute of Personal and Development.
He is also regularly invited to speak at seminars for the Employment Lawyers' Association and the Industrial Law Society
Subjects include:
- Whether injury to feelings awards permissible in unfair dismissal claims
- Protected disclosures and the requirement for good faith
- The statutory dismissal and discipline and grievance procedures
- TUPE 2006
- Parental pay and leave
- New ACAS Code of Practice on discipline and dismissals
Significant Cases:
Junior counsel in Connolly v Sellers Arenascene [2001] EWCA Civ 184; [2001] ICR 760 CA - a case concerning whether a controlling shareholder can be an employee.
Lincolnshire County Council v Hopper [2002] ICR 1301 - whether a registrar of births marriages and deaths can be an employee.
Christie & others v John E Haith Limited [2003] IRLR 670 - an equal pay case.
Street v Derbyshire Unemployed Workers' Centre [2004] EWCA Civ 964 [2004] IRLR 687 CA - the leading case on the requirement for good faith when making protected disclosures.
Knapton and others v ECC Card Clothing [2006] ICR 1084, [2006] IRLR 756 - whether early receipt of non-contributory retirement pension to be deducted from post termination losses
B v A [2007] UKEATS/0029/06/MT - concerning the extent of the employer's duty to make enquiries following criminal records check and 'soft disclosure' under the Police Act 1997.
Miles v Linkage Community Trust [2008] IRLR 602 argued successfully for a nil award in a Working Time Regs case
Metropolitan Resources v Churchill Dulwich & others [2009] IRLR 700 identifying a service provision change under TUPE 2006
Sturdy v Leeds Teaching Hospitals NHS Trust - 2009 ET case in which tribunal uprated injury to feelings award and awarded £29500 plus interest.
Leeds City Council v Woodhouse UKEAT/0521/08/DA - employee of Arms Length Management Organisation was contract worker for purposes of Race Relations Act 1976 making Leeds City Council potentially liable for act of race discrimination by one of its own employees
Memberships:
EMPLOYMENT LAW BAR ASSOCIATION
EMPLOYMENT LAWYERS' ASSOCIATION
INDUSTRIAL LAW SOCIETY
CENTRE FOR DISPUTE RESOLUTION
ASSOCIATION OF NORTHERN MEDIATORS
| Career & Education: | ||
| University: | Manchester Metropolitan University | |
| Degree: | LLB (Hons) | |
| Year of Call: | 1997, Gray's Inn | |
| Joined Chambers: | 2010 | |
| Other Career Information: |
1981-1996: Trade Union Officer, National Union of Journalists | |
| Specialist adviser on Pensions and European Works Councils | ||
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Prepared and presented evidence to: |
