Paras Gorasia

---

 

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.
Chambers UK 2013

Year of Call: 2005

Practice Areas

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

Profile

Paras is recognised as a leading junior practitioner specialising in Employment Law by Chambers and Partners UK 2013. He has been appointed to the Attorney General’s Regional Panel of Junior Counsel to the Crown as of 1st November 2012. He has also been appointed to the Welsh Assembly Government's Panel of Junior Counsel in Employment Law as of 1st October 2012. These appointments compliment Paras’ existing membership of the Equality and Human Rights Commission (EHRC) panel of Counsel of which he has been a member since February 2011.

He spent three months from January 2007 as a Judicial Assistant at the Court of Appeal to the then Master of the Rolls, Sir Anthony Clarke (now Lord Clarke). As a Judicial Assistant, Paras obtained extensive experience in a wide range of appellate proceedings encompassing Employment, Arbitration and Public law matters, amongst the most notable were R (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs [2007] EWCA Civ 498, Sumukan Ltd v Commonwealth Secretariat [2007] EWCA Civ 243, WPP Holdings Italy SRL and Others v Benatti [2007] EWCA Civ 263, Stretford v Football Association and another [2007] EWCA Civ 238 and Attorney General v British Broadcasting Corporation [2007] EWCA Civ 280.

Paras was also the recipient of a Pegasus Scholarship in 2009 and was based in Hong Kong where he spent two weeks marshalling in the Hong Kong Court of First Instance with Mr Justice Reyes in a 10 day employment case involving Cathay Pacific (John Simpson Warham and Ors v Cathay Pacific Airways Ltd & Anor [2009] HKCU 1746). This was followed by, two weeks with Russell Coleman SC (Chairman of the Hong Kong Bar Association), a month at Mayer Brown JSM and two weeks marshalling with Mr Justice Hartmann JA in the Hong Kong Court of Appeal.

Paras has extensive experience of advising and representing both Claimants and Respondents in the Employment Tribunal. He regularly represents parties in both interim and final hearings and has particular experience in discrimination and whistleblowing claims. Paras also has a strong academic background in Employment Law having obtained a distinction and the joint highest mark in the European Employment Law course for his BCL degree, through his appointment as the course convenor for the LLM Employment Law course at BPP Law School as well as his previous academic appointment as a part-time lecturer in Employment Law at the University of Reading. He has also spoken regularly to professional audiences on various employment law issues including, a number of firms across the country, in-house lawyers, the Employment Lawyers Association (ELA) and the Leeds Law Society. He has provided commentary on topical employment law issues in publications such as the Financial Times, Personnel Today and the Yorkshire Post.

Over the past year he has been instructed to advise both Claimants and Respondents on their prospects of success in the Employment Appeal Tribunal (EAT), as well as settle pleadings and has been instructed on multiple cases  heard in the EAT during 2012. He is also increasingly being instructed upon commercial disputes which have an employment law dimension to them before the Civil Courts and is rapidly attracting an expanding practice in this field.

Paras is instructed by a wide variety of individuals and organisations nationally, including banks and financial institutions, insurance companies, transport companies, FTSE 100 companies, local authorities, NHS trusts, trade unions, chief executives, charities, NGO’s and an extensive range of other public and private sector clients. A sample of his clients have included IBM, Shell, Manchester United FC, Virgin Active, Reckitt Benckiser, Unilever, Balfour Beatty, BSkyB, KCOM Group, National Express, McDonalds, Santander, Royal Bank of Scotland, Co-operative Financial Services, ActionAid, Amnesty International, Samuel Smith’s Old Brewery, Molsen Coors, Punch Pub Company, University of Lincoln, University of Salford, Countess of Chester NHS Foundation Trust, Wrightington, Wigan and Leigh NHS Foundation Trust, Transport for London, DHL, Network Rail, East Riding of Yorkshire Council, Mid Devon District Council, Cumbria County Council and Local Government Yorkshire and Humber. He is able to accept instructions on a public access and direct professional access basis.

Restrictive Covenants and Confidential Information

Paras is regularly instructed to advise upon the enforceability of restrictive covenants and disputes concerning the use of confidential information by ex-employees. He represents both Claimants and Defendants in the County and High Courts and has particular experience in respect of applications for and against injunctive relief. His work in this area ties in with his experience of dealing with disputes concerning the fiduciary duties of directors and senior employees. A selection of his recent work in this area includes being:

a) (2012) 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

b) (2011) Instructed on behalf of a senior employee to advise on the effect and reasonableness of restrictive covenants within his contract of employment with a prominent energy company

c) (2011) Instructed on behalf of a Defendant to defend injunctive proceedings for an alleged breach of restrictive covenants and implied duty of fidelity (Chancery Division)

d) (2011) Instructed on behalf of a senior employee to advise upon the enforceability of restrictive covenants contained within his contract of employment and proposed proceedings for declaratory relief

e) (2010) Instructed on behalf of a senior financial analyst to advise upon the enforceability of restrictive covenants, non-payment of bonuses and potential repudiation of his contract of employment

f) (2010) Instructed on behalf of a Defendant to defend injunctive proceedings for an alleged breach of fiduciary duties and diversion of maturing business opportunities (Chancery Division)

Employment Related Litigation

He is frequently instructed in litigation which is related to his extensive employment practice in areas as diverse as bonus claims, breach of fiduciary duties, pensions related disputes, advisory matters arising out of the construction and application of incentives schemes (including employee share schemes), professional sport related disputes and general contractual litigation before County and High Courts across the country.  A selection of his recent work in this area includes being:

a) (2012) Instructed on behalf of a Defendant to advise upon proposed claims brought by a former employee for alleged negligent misstatements in the provision of a reference (Queen’s Bench Division)

b) (2012) Instructed on behalf of a Claimant to advise upon a proposed claim for losses arising out of alleged negligent misstatements in a reference provided by ex-employer

c) (2012) Instructed on behalf of a Defendant to defend a claim brought by a self-employed associate dentist for breach of contract on the basis of “set-off” (County Court)

d) (2011/12) 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 (Chancery Division)

e) (2011) Instructed on behalf of a Defendant to defend a claim for unpaid bonuses worth in excess of £280,000 (Mercantile Court)

f) (2011) Instructed on behalf of a Defendant in a case listed for 3 days involving claims of misuse of confidential information and alleged breaches of contract including the implied term of trust and fidelity (County Court)

g) (2011) 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

h) (2010) Instructed on behalf of a Defendant to advise on upon claims involving breach of fiduciary duties and diversion of maturing business opportunities (Chancery Division)

i) (2010) Instructed on behalf of a Claimant to advise on a complex claim under the Protection from Harassment Act 1997 involving consideration of the application of res judicata

j) (2010) Instructed on behalf of a Claimant to advise upon a claim for breach of contract arising out of the non-payment of bonuses

Discrimination and Equal Opportunities Litigation

Over the past few years Paras has been involved in a multitude of lengthy and complex whistleblowing/discrimination cases acting and advising both Claimants and Respondents. He has built up particular expertise in high value/sensitive disputes and often appears as sole counsel against opponents who are significantly more experienced in terms of seniority. He has been instructed and/or advised upon the various protected characteristics contained within the Equality Act 2010 and has extensive experience of advising upon and conducting discrimination claims for someone of his level of call. Paras also retains a specialist interest in whistleblowing claims and has in recent years been instructed with increasing regularity to bring and defend claims involving detriments due to protected disclosures. A selection of his recent work in this area includes being:

a) (2012/13) 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

b) (2012/13) Instructed on behalf of a senior employee in a prominent London based hedge fund to advise upon claims of disability discrimination and unfair dismissal with a potential value in excess of £900,000

c) (2012) Instructed on behalf of a former Director and CEO of a professional accountancy body against his former employers for claims of whistleblowing and constructive dismissal with a pleaded value in excess of £450,000

d) (2012) Local Government Yorkshire and Humber v Shah UKEAT/0026/12/ZT, 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

e)  (2012) Instructed on behalf of a senior male employee to pursue a claim of “reverse discrimination” involving alleged disproportionate preferential treatment afforded to a pregnant female co-worker in a redundancy exercise, the pleaded value of the case is in excess of £215,000

f) (2012) Instructed on behalf of a Respondent to defend claims of pregnancy discrimination, the case involved a consideration of when the protected period under s18 of the Equality Act 2010 is engaged in cases involving IVF treatment

g) (2012) Instructed on behalf of a Claimant to advise upon claims for whistleblowing and constructive unfair dismissal, the case involved disclosures showing financial impropriety and misuse of funds by a public body to a prominent Member of Parliament

h) (2012) Instructed on behalf of a potential Respondent to advise upon the restriction of maternity benefits afforded to fixed term workers compared to permanent employees on the basis of objective justification

i) (2011/12) 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

j) (2011) Instructed on behalf of a Respondent in a 4 day case to defend claims of age discrimination and unfair dismissal with a pleaded value in excess of £350,000

k) (2011) Instructed on behalf of a Respondent to defend claims of age and race discrimination. The claim was dismissed after a two day hearing with an adverse costs Order being made against the Claimant of £10,000

l) (2011) 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

m) (2011) Instructed on behalf of a Respondent in a 4 day case involving claims of whistleblowing and breach of contract with the pleaded quantum of the claim exceeding £200,000

n) (2010) Instructed on behalf of a Claimant as junior counsel to advise on claims for race and sex discrimination with the pleaded value of claim in excess of £1,000,000

o) (2010) Instructed on behalf of a Claimant in a 15 day case involving allegations of sex discrimination, whistleblowing, equal pay, victimisation and constructive unfair dismissal with pleaded value in excess of £100,000

p) (2009) Instructed on behalf of a Claimant in a 10 day case involving racial/ethnic origin discrimination, constructive unfair dismissal, victimisation and harassment

q) (2009) Instructed on behalf of a Claimant in 14 day case involving allegations of race discrimination and unfair dismissal

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 complicated claims. Paras has substantial experience dealing with unfair/wrongful dismissal claims involving senior executives/employees and has advised and represented a number of directors and high net worth individuals in their employment disputes over the last year. Paras is instructed to appear in Tribunals and Courts across England and Wales and appears occasionally in Scotland. A selection of his recent work in this area includes being:

a) (2012) Mental Health UK Ltd v Biluan & Ors UKEAT/0248/12/SM, 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

b) (2012) Instructed on behalf of a Respondent in a claim listed for 5 days involving a claim of unfair dismissal brought by an ex Director and shareholder

c) (2012) Instructed on behalf of a top 35 law firm to defend claims for unfair dismissal and race discrimination

d) (2012) Instructed on behalf of a top 30 law firm to defend claims involving unfair dismissal and disability discrimination

e) (2012) Instructed on behalf of a multinational Respondent to defend a claim brought by a senior ex-employee for unfair dismissal, the case involves allegations of theft and fraudulent accountancy practices

f) (2012) Instructed on behalf of a Respondent in a 4 day case involving a claim from an ex manager for unfair dismissal and whistleblowing

g) (2012) Instructed on behalf of a Respondent in a 4 day case involving a claim of unfair dismissal in the higher education sector

h) (2011) Instructed on behalf of a senior solicitor in a claim for unfair/wrongful dismissal against a prominent law firm based in the North West

i) (2011) 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

j) (2011) Instructed to advise and represent Respondent in a highly sensitive claim for unfair dismissal for SOSR involving criminal conduct by the Claimant and associated breakdown of trust and confidence

k) (2011) Advising a senior employee in a high value claim for wrongful dismissal in the civil courts whilst concurrent tribunal proceedings are on-going

l) (2010) 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

m) (2010) Instructed on behalf of a finance director to advise on a complex high value claim of unfair/wrongful dismissal arising out of a shareholder dispute

n) (2010) Instructed on behalf of a Respondent in a 3 day case involving a claim for unfair dismissal from a member of academic staff selected for redundancy

TUPE

Over the last year Paras has dealt with a substantial volume of advisory work involving the application and interpretation of the TUPE regulations. He has particular experience in advising upon the extraterritorial application of the TUPE regulations and is often instructed to deal with the crossover issues which can arise in respect of unfair dismissal claims and TUPE transfers. A selection of his recent work in this area includes being:

a) (2012/13) 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, involves a novel point on what impact a non-effective TUPE transfer has on a contract of employment with a transferee

b) (2012) Instructed by a Respondent to defend claims brought by a Claimant for failure to consult under regulation 13 TUPE and constructive unfair dismissal, the case involves consideration of what impact an objection prior to transfer has on the liability of a transferee

c) (2012) 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

d) (2012) 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

e) (2011) 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

f) (2011) Instructed on behalf of a Claimant to advise upon whether his dismissal was related to a TUPE transfer

g) (2010) Instructed on behalf of multiple Claimants in a claim for automatic unfair dismissal pursuant to regulation 7(1) of TUPE 2006

h) (2008) 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.

Collective Labour Disputes and Trade Union Litigation

Paras has particular experience in collective labour disputes and trade union litigation. A significant proportion of his practice involves representing union backed members in respect of their claims against Respondents of all sizes and in all sectors and has particular experience in matters relating to the application of TUPE. Paras is regularly instructed by a wide variety of trade union firms and has extensive experience in collective labour disputes such as protective award claims, collective contractual claims, collective bargaining disputes and union recognition claims. He maintains an extremely busy advisory practice advising trade unions and their members in relation to the complete spectrum of employment disputes.

Costs in the Employment Tribunal

Paras is increasingly instructed by both Claimants and Respondents to pursue and defend applications for costs in both interim and final hearings. He is often asked for his input by those instructing him in drafting costs warnings and also by those on the receiving end of such warnings, to assist in taking steps to defend against the risk of an adverse costs award being made. He is well aware of the tight financial constraints affecting the conduct of employment litigation before the Tribunals and has built up a wealth of experience in both maximising the prospects of obtaining costs awards against unsuccessful parties and in assisting parties to minimise their exposure to an award of costs. A selection of his recent work in this area includes:

a) Obtaining costs totalling £18,100 on behalf of a Respondent in a Race Discrimination claim

b) Obtaining an award of £10,000 on behalf of a Respondent in respect of costs against a litigant bringing misconceived claims

c) Obtaining a costs Order on behalf of a Respondent against a 2nd Respondent on the basis that the 2nd Respondent had acted unreasonably in proceedings

d) Obtaining a deposit order against a Claimant on the grounds that his claim for unfair dismissal had little prospect of success, the Claimant discontinued his unfair dismissal claim

e) Successfully resisting a costs application by a Claimant for aborting a PHR

Mediation and ADR

Paras is increasingly involved in mediations on behalf of both Claimants and Respondents in respect of the full spectrum of employment disputes. He is a member of the Chartered Institute of Arbitrators (MCIArb) and retains a keen interest in alternative dispute resolution. Recent work in this sphere has included successfully representing a large well known transport company in a mediation against a Claimant alleging various acts of race discrimination, victimisation and unfair dismissal and has recently represented a Respondent in a mediation where the pleaded value of the claim brought against them was in the region of £375,000. Paras also has experience of proceedings under The Local Authorities (Standing Orders) England Regulations 2001 and has been instructed to advise a Chief Executive of a local authority against over 50 allegations of misconduct before a designated independent person.

Recommendations

Chambers and Partners UK 2013:

Listed as a Leader at the Bar

“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.”

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
Volunteer Legal Advisor to the Manchester University Legal Advice Centre

Panels:

Attorney General’s Regional Panel of Junior Counsel to the Crown (2012)
Welsh Assembly Government's Panel of Junior Counsel in Employment Law (2012)
Approved Counsel for the Equality and Human Rights Commission (2011)

Career & Education

Education:

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

Appointments:

Course 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)
Research Associate at the British Institute of International and Comparative Law (BIICL)
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