Edward Legard

synopsis

I am a Specialist Employment Practitioner covering all major aspects of employment law.

My caseload comprises a broadly even split of Respondent and Claimant work. I have a broad practice and act for local authorities, health trusts, trade unions and individuals.

Please see the Notable Cases section to view some interesting recent cases I have conducted.

• I act on behalf of a large number of Local Authorities and Health Trusts principally concerning claims alleging discrimination (of all types), “whistle blowing” and victimisation.
• I have also represented a number of Unions (together with their individual members) on ‘collective redundancy’ cases arising out of several high profile north east factory/site closures.
• I have regularly lectured to groups of solicitors and HR personnel on a wide variety of employment-related topics.
• I appear regulary in Scotland as well as England and Wales both in general Tribunals and the EAT (Scotland). I have a strong Appellate Court practice.

Described in Chambers & Partners (where I am listed as Band 1 'leading junior') as continuing ' . . . to impress sources with his ''superb advocacy'' and ''excellent manner with clients.''

MEDIATOR (CEDR trained)

• Qualified 1999
• For a typical example of mediation in the employment field, I was brought in as sole mediator in a sex discrimination/constructive dismissal case brought against the Police Force. This took place over two days and resulted in financial settlement and reinstatement.
• In other cases, which number more than 25, I have mediated race, disability and sex discrimination disputes to successful conclusions.

I was appointed a Fee paid Employment Judge in 2010.

I am Head of the Employment Team at Dere Street Barristers.

notable cases

• Yerrakalva v Barnsley MBC [2012] ICR 420, CA : Mummery LJ issuing guidance on the approach to be followed when one party seeks to recover costs on account of the other's unreasonable conduct.
• Horizon Recruitment Limited v Vincent [2010] ICR 491 : A case concerning the jurisdiction of an Employment Tribunal and specifically whether compromise agreements may be set aside for misrepresentation.
• Kimberley Group Housing Ltd v Hambley & Os [2008] IRLR 682 : This case, in which I acted for the Claimants, concerned the impact of a service provision change ('spc') as defined by reg. 3(1)(b) of TUPE 2006 in circumstances where the 'service' is split between 2 or more incoming providers and specifically the determination of who should take responsibility for the employees' contracts after the spc.
• Flett v. Matheson [2006] IRLR 277, CA : An interesting case concerning the status of a "modern"apprentice with potentially far-reaching consequences. The Court of Appeal accepted the argument that, for employment law purposes, a "modern" apprenticeship and a traditional one could be one and the same
• McCall and Northern Rail [2007] EAT, HHJ McMullen : A case concerning the interpretation and application of s.98A(2) ERA, the so-called 'Polkey-reversal' section. Successful on appeal.
• Ramsay v. Walkers Crisps [2004] IRLR 754, EAT : A case concerning the use of anonymous witness statements in the disciplinary process
• Campbell v. Leeds United Football Club : in which I acted for the club in a case attracting widespread publicity and concerning race and sex discrimination.
• Berry v. Scottish Courage Limited, EAT : A complex claim concerning contractual redundancy provisions and incorporation of terms agreed collectively. Successful at both first instance and on appeal.
• Cunningham v. Glasgow City Council [2007] EAT (Scotland) : Lady Smith. A contract "test" claim concerning bonus entitlements and collective agreements and affecting a large number of council employees.
• Singh v Durham Racial Equality Council, EAT : A race and sex discrimination claim brought by a Sikh woman (again successfully) and upheld on appeal.
• Miller v Durham County Council : A sex discrimination claim concerning selection for an internal post at senior manager level. Successful and resulting in substantial damages.
• A v B [2008] EAT (Underhill J) : Where I acted successfully for a Local Authority defending sex discrimination and harassment claims where the central allegation was one of rape.
• GMB v Dewhirst [2003] EAT : Concerning large-scale 'collective' redundancies from clothing factory in the north-east.
• Duffy v Leeds City Council : A DDA claim concerning an individual with debilitating bipolar disorder.
• Morgan & Others v Middlesbrough Borough Council [2005] EWCA Civ 1432 CA : An equal pay claim in which I represented a large number of female applicants (primary school staff paid on a 'term-time only' basis).

education

• 1995 - 1996 The Inns of Court School of Law: Bar Vocational Course (Graded 'Very Competent')
• 1994 - 1995 The College of Law: Common Professional Examination
• 1989 - 1990 Royal Military Academy, Sandhurst: Officer Training
• 1985 - 1989 University of St Andrews
• MA (Hons) English Literature

appointments

• Employment Judge (Fee Paid) 2010

other information

• Mediator (Trained and Accredited by CEDR) - Qualified 1999.
• Edward welcomes instructions from Solicitors,in-house legal departments and qualified foreign lawyers.
• Edward is qualified to accept instructions direct from clients under the Bar Council's Public Access Scheme.

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