Martin Budworth | Manchester, Leeds & Birmingham


Martin Budworth Employment Barrister

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:
Harry Young
Gary Young


Martin Budworth Employment Barrister

Martin is a very experienced employment junior practising at a senior level (often appearing alone against Queen's Counsel). He deals with cases across the full range of employment law with considerable additional experience in restrictive covenant/confidential information work and the other commercial aspects of employment law. He was on the Attorney General's Panel of Counsel for 5 years and regularly carried out employment cases for HMRC, Ministry of Justice and other departments. He also has experience of Gangmasters Licensing issues.

Significant reported cases

Jonas Gutierrez v Newcastle United FC

Representing successful Claimant in very high profile £2m employment tribunal dispute where Premiership footballer alleged discriminatory treatment by the club on the grounds of disability following his treatment for testicular cancer. Opposing Counsel Sean Jones QC. Press coverage links: http://www.bbc.co.uk/sport/0/football/34526430 http://www.dailymail.co.uk/sport/sportsnews/article-3272008/Jonas-Gutierrez-suing-Newcastle-2m-lack-support-cancer-battle.html and http://www.thetimes.co.uk/tto/sport/football/clubs/newcastleunited/article4585385.ece

Bailey-Tsavalas v Express Solicitors

Whether a salaried-partner solicitor was an employee or true partner. Settled after the hearing before the reserved judgment was handed down. Successful representation of the Claimant. Jennifer Eady QC for the Respondent.

Ward, Swift & Dennison v WYG Group PLC

Three unlimited value claims of former directors of large property group dismissed for alleged protected disclosures. Successful representation of the Claimants at trial, on review and on appeal. Mary O'Rourke QC for the Respondent.

Mr P Fentem v The King's School, Chester

Claim for whistle-blowing by Head of Classics at prestigious independent school. Settled part-heard. Representing the Claimant. Caspar Glyn QC for the Respondent.

The Commissioners for HMRC v Jones & Ors T/A Holmescales Riding Centre UKEAT/0458/13/BA

Test case at the EAT on exceptions to National Minimum Wage legislation and definition of apprenticeship.

Lees & ors v Tesco Stores

Successfully defending Tesco against group action arising from a terms and conditions change.

Mason v Huddersfield Giants [2013] EWHC 2869 (QB)

Representing the Claimant in the high profile High Court wrongful dismissal claim brought by Super League rugby player. Dismissal arose from a Twitter indiscretion and the case analysed the link between employment and social media use. Judgment for the Claimant with indemnity costs.

Other reported cases: 

ASE PLC & ANOR v KENDRICK & ORS (2014)
An interim injunction preventing an employee from competing for six months with his former employer, a company in the automotive industry, was granted where that employee had held significant responsibility for nurturing and fostering clients, which was vital information in the industry. An injunction sought by a partnership related to that company to enforce a non-solicitation clause in respect of another employee was refused where it sought to restrict soliciting of the company's clients, whereas the partnership contract was limited to those of the partnership's.
[2014] EWHC 2171 (QB)(Lewis J)  
 
S CONNOLLY v WHITESTONE SOLICITORS (2011)
In order to find that the performance of an employment contract was tainted by illegality it was necessary to show that an employee knew that a claim to self-employed status to the Revenue was unsustainable at the time the claim was made.
EAT (Judge Richardson) 24/06/2011 
 
(1) M ZAMAN (2) S ZAMAN (3) M ZAHUR v KOZEE SLEEP PRODUCTS LTD t/a DORLUX BEDS UK (2010)
The cap on the calculation of "weekly pay" under the Employment Rights Act 1996 s.227 did not apply to awards of compensation due to employees under the Transfer of Undertakings (Protection of Employment) Regulations 2006 reg.15(8) for breach of an employer's information and consultation obligations.
EAT (Underhill J (President), P Tatlow, M Worthington) [2011] ICR D5 

K JONES v MEM MARKETING RETAIL SERVICES (2008)
The employment tribunal had been entitled to reject a claim for unfair dismissal where it had found that the claimant had, in a redundancy situation, unreasonably refused an offer of alternative employment.
EAT (Judge Serota QC, SR Corby, M Worthington) LTL 30/1/2008 
 
T GOVER & ORS V PROPERTYCARE LTD (2006)
There was no justification for the proposition that the principle in Polkey v A E Dayton Services Ltd (1987) 137 NLJ 109 did not apply where the dismissal would have been unfair in any event.
CA (Civ Div) (Buxton LJ, Lloyd LJ, Richards LJ) [2006] 4 All ER 69 : [2006] ICR 1073 : Times, May 1, 2006 


Profile

Martin is a prominent senior junior dealing with substantial pieces of litigation (often appearing alone against Queen's Counsel). He has appeared in more than 45 reported/published cases which is testament to real strength across broad areas. Martin has been ranked consistently in the directories as a leading practitioner year on year since 2006; Chambers and Partners UK currently ranks him in no fewer than 4 practice areas. He served on the Attorney General's Panel of Counsel for five years. He carries a diverse practice as detailed below. His background in both commercial litigation and employment law made him well suited to issues in the sports law field and he continues to be nationally recognised for considerable experience in all aspects of sports law litigation and is ranked in Band 1 for the Regions. He also occasionally sits as an arbitrator in sports disputes, appointed by Sport Resolutions.

"all that Mr Budworth has so ably submitted" Etherton MR in Clearway v Miles Smith [2016]EWCACiv1258

"I recognise the force of the contrary submissions put by Mr Budworth" Lewis J in ASE plc v Kendrick [2014]EWHC2171

 

Year of Call: 1999

Areas of expertise

Arbitration

Banking & Finance

Commercial Litigation

Company

Employment

International & Offshore

Partnership

Professional Negligence

Sport

Technology & Construction

Memberships

Inner Temple

British Association for Sport and the Law

Northern Circuit Commercial Bar Association

Appointments

Arbitrator for Sport Resolutions and the Football League

Qualifications

LLB (Dunelm)

Recommendations

Chambers UK 2022

"Martin Budworth is very straight-talking and explains complex issues very clearly and simply." "His strength is his breadth of ability, he's responsive too and his experience is another strength." "He is a very good cross-examiner and very personable."

Legal 500 2022

"Martin is an exceptional advocate, careful and incisive cross-examination is a particular strength."

"Martin is very client friendly, he sees the global picture in all commercial as well as legal respects and is from an instructing solicitor perspective very easy to work with."

Chambers UK 2021

"Very approachable and has an excellent grip of the facts."

"Behind Martin's calm unflappable exterior is a technically brilliant barrister who is quick on his feet and who isn't afraid to put in the hard graft for his clients." "He is bright, knowledgeable, practical, to the point and good with clients." "He offers an excellent quality of written work and advocates in a calm, assured and persuasive manner."

"Throughout the case Martin was accessible to me and we were able to work more closely as a team at each stage of the process. His approach filled the client with great confidence but also assisted me both in terms of the practical aspects and his legal knowledge and input."

"The go-to sports junior outside of London. He is hugely experienced and well liked by clients." "He is very proactive and user-friendly."

Legal 500, 2020

"Always well prepared and unflappable. Client friendly and very easy to work with."

"Excellent on his feet, very direct and cuts through the issues so that clients have absolute clarity on the strengths and weaknesses of their case or position. Always relieved when Martin is available on a tricky case."

"Martin is an excellent advocate who presents his client's arguments and advances their case in a compelling manner."

"He has an outstanding client care manner which in the vast majority of occasions leads them to trust his judgement after a very short time. He is thorough and although very busy he never attends a hearing unprepared. He is obviously respected by the bench at all levels."

"Good with managing clients' expectations."

"Commercially sound, practical and very user-friendly."

Chambers UK 2020

"He's responsive and has a good manner with clients."

"He always thinks things through and is good at analysing and presenting the case. He keeps a steady head throughout." "He is very impressive in court, has great command of the case and gives clear, pragmatic advice. He's very user-friendly."

"The leading sports junior outside London. He has fantastic experience in the area and clients like his down-to-earth approach."

Chambers UK 2019

"He is excellent with clients, impressive at cutting through issues to get to the key points and unflappable in court." "He is a go-to junior for sports matters in the North West – he's vastly experienced in the field, well liked by clients and quick at getting to the nub of the issue."

"He is astute, approachable and understands the sports industry" "Experienced, no-nonsense, pragmatic and a very client-focused adviser."

"Very knowledgeable and very commercial. He gives concise, targeted advice."

Legal 500 2019

"He is unfazed by challenges in cases."

"He gives good tactical and strategic advice to clients."

Chambers UK 2018

"He is very calm, good with clients and gets to the nub of cases very quickly." "He is very impressive in court and gives clear, pragmatic advice."

"First class and very commercial." "He made everything digestible, his advocacy was second to none and I think he pitched it perfectly."

Legal 500 2018

"A very bright innovative thinker."

"He is very client-friendly."

Chambers UK 2017

"He's technically bright, extremely pragmatic and excellent both on paper and in court." "He gets to the point very quickly and doesn't beat about the bush." "Good on his feet and calm under pressure."

"A real star and a sports nut who gets some great results for players."

Legal 500 2017

"A very bright and innovative thinker, who has the ability to be a real street fighter when required."

"Pragmatic and great on his feet."

 

Chambers UK Logo 2016

© Copyright 2022 Kings Chambers. All rights reserved.

Scroll to Top