Matthew Smith

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Year of Call: 1991

Employment

Matthew practises in all areas of employment law, including:

• Restrictive Covenants and Confidential Information
• Discrimination and Equal Opportunities Litigation
• Employment Related Litigation
• Collective Labour Disputes and Trade Union Litigation
• Pensions, Employee Share Schemes and Incentives
• Unfair and Wrongful Dismissal
• TUPE

Matthew's work was for many years largely insurance funded work.  As a result Matthew has substantial experience advising and representing large employers both in respect of disputes with individuals and multiple claims, such as those for protective awards.  He has effectively become standing employment counsel to a number of organisations. He deals with common law contractual disputes, especially those related to employment, for example disputes concerning restrictive covenants.

Employment work has included:

• Internal employment disputes, for example, advising local authorities on internal disciplinary proceedings at directorate level, on multiple equal pay claims, advising on TUPE in contracting out matters, advising on disputes over local authority car mileage allowances and advising in partnership with other members of chambers where there is a cross over with local government law.
• Instructions from a city council chief executive to advise about a potential redundancy situation at director level that appeared likely to result in the dismissal of 1 director.
• Advising a district council on employment procedures to deal with issues concerning the chief executive. Addressing the full council and advising for a period of 3 months. During that period, the chief executive's employment was terminated by mutual consent.
• Regular representation of and advice to a very large transport company.
• Representing a managing director of a replacement window company. Maximum award for unfair dismissal made by employment tribunal after trial.
• Successfully representing a national firm of solicitors in its application to strike out a claim brought by a former employee
• Advising the Police.
• Successfully representing a large national vehicle retailer in the employment tribunal.
• Advising over a protracted period on a claim against the Hospice of St Mary of Furness where the employer was at risk of an award of in the region of £500,000. Also representing this client in the EAT [2007] IRLR 944.
• Advising a claimant where there was a dispute whether she was an employee or self employed in circumstances where her income had reached almost £70,000 per month.
• Advising a firm of solicitors in respect of a disability discrimination claim brought against them by a job applicant who was a senior solicitor who had taken time away from employment due to the surgery required for a brain tumour. The claim settled for a nuisance payment.
• Advising the Probation Service in respect of a claim brought by an employee.
• Representing a national furnishing company in the employment tribunal
• Representing a multinational toiletries company in the employment tribunal.
• Advising a nationally known pop musician in respect of an employment dispute with an employee.
• Advising a Rugby League Super League manager in respect of his dismissal.
• Providing employment law advice to a Rugby League Super League club in respect of the employment of its first team manager.
• Advising a national sportswear and equipment retailer.
• Advising and representing a large chain of gyms.
• Advising and representing companies within the group of one of the country's leading leisure groups.
• Advising clients a legal recruitment service on the enforceability of their restrictive covenants.
• Advising a union in respect of claims against it by members
• Representing a firm of solicitors in respect of an equal pay claim brought against them.
• Advising one of Manchester's larger sets of barristers' chambers, who were being sued by a former employee for age discrimination. The claim failed.

	Career & Education:
University:	Cambridge (Trinity Hall)
Degree:	MA
Year of Call:	1991 (Lincoln's Inn)
Other information:	Examination for associate membership of the ALCD (2009)