Nigel Grundy

Regulatory

Nigel is a senior Barrister who has an excellent reputation for cases involving Professional Discipline and Health and Safety. He uses his wealth of experience to give clear, concise and robust opinions and offers a first class advocacy service. Nigel has long experience in MPTS fitness to practise hearings, Section 40 Medical Act 1983 Appeals and also appeals from Registration Appeal Panels to the County Court and judicial reviews of MPTS decisions, which all dovetail neatly with his employment work related to the NHS/Medical Sector.

His GMC/MPTS practice is long standing and dates back to two high profile cases relating to the activities of Dr Shipman. He has dealt with the full range of professional disciplinary cases involving misconduct, deficient professional performance, health, convictions or combinations of them all. He is renowned for his ability to address complex and detailed clinical cases.

His NHS/medical sector work includes an NHS Trust and Ambulance Service internal disciplinary and appeal hearing as well as grievance investigations and hearings. He has intimate knowledge of the application to contracts of employment of “Maintaining High Professional Standards in Modern NHS”. Nigel has also dealt with internal disciplinary cases involving Greater Manchester Police and other Police Forces.

He has dealt with appeals relating to the exclusion of GPs from Medical Performance Lists to the Primary Health Lists Tribunal (part of the First Tier of the Tribunal for Health, Education and Social Care).

Nigel has dealt with police misconduct cases/hearings  in respect of serving and former police officers for the Greater Manchester Police and other police forces under Parts 4 and 5 of the Police (Conduct) Regulations 2020 and if familiar with the application of the Home Office Statutory Guidance on Professional Standards, Performance and Integrity in Policing

Employment

Nigel is renowned for preparing, advising and litigating cases across the full range of Employment and Trade Union law. He uses his wealth of experience to give clear, concise and robust opinions and offers a first class advocacy service. He appears regularly in the Employment Tribunal, Employment Appeal Tribunal and the High Court.

Nigel practises extensively in the Employment Tribunal and Employment Appeal Tribunal in cases including in no particular order:

– Discrimination
– Equal pay
– Unfair dismissal
– Whistleblowing
– Collective redundancy
– Redundancy
– Rights upon insolvency
– TUPE
– Flexible Working

Nigel’s experience in discrimination cases is largely unrivalled. He has dealt with sex and race discrimination cases from the start of his legal career, disability discrimination since its inception in 1996 (in fact he presented the first seminar in 1995 to the Manchester Law Society upon the legal effect and interpretation of the Disability Discrimination Act 1995 – now the Equality Act 2010) and age discrimination since its inception.

Career Highlights

Nigel represented the Equality and Human Rights Commission (EHRC) in the high profile and widely publicised case of Kathrecha v EHRC (2023) which involved claims against the EHRC of direct race discrimination, race related harassment, victimisation and constructive/discriminatory dismissal. It was a complicated and sensitive case. The reputation of the EHRC was on the line. The Claimant withdrew all of the claims against EHRC after cross examination.

Nigel was instructed in 2024 to prepare an ADR investigation report to resolve a collective dispute between Sellafield Ltd and its recognised trade unions about the alleged overpayment (approx. £2.1 million) under an enterprise bonus scheme. His report was sent to the parliamentary sub-committee responsible for oversight of Sellafield.

He took the case of Cheshire and Wirral Partnership NHS Trust v Abbott and Others [2006] IRLR 646 to the Court of Appeal which addressed the proper legal approach to the choice of the pool for comparators in cases of indirect discrimination. He represented Wigan RLFC in the claim for disability discrimination brought by Mike Gregory and his case of Salford NHS PCT v Smith [2011] EQLR 1119 addressed the proper extent of claims for reasonable adjustments. He has represented recently a large firm of Solicitors in respect of a race and disability discrimination claim brought against it by a senior employee, and by contrast he represented an individual Claimant recently in a race and disability discrimination claim against OFSTED. He has represented many Universities and NHS Trusts in discrimination claims.

Nigel has a wealth of experience in dealing with all forms of unfair dismissal claims including conduct, capability, redundancy, whistleblowing, health and safety etc. It was Nigel’s case of Boys and Girls Welfare Society v McDonald [1997] ICR 693 which clarified and qualified the application of British Home Stores v Burchell to misconduct dismissals.

His experience extends to the interpretation of the employment rights of employees upon the insolvency of their employers. He has recently assisted USDAW in a case concerning the proper interpretation of Part XII of Employment Rights Act 1996 and whether the Insolvency Service is under a duty to pay arrears of pay to employees who were put on garden leave prior to the insolvency of their employers.

Contracts of Employment and High Court Proceedings

Nigel advises and appears frequently in the High Court seeking injunctions or defending applications for injunctions for breaches of restrictive covenants and duties of confidentiality. His experience extends to cases involving Directors’ breaches of fiduciary duties and springboard injunctions.

• Advised a family law solicitors practice upon the enforceability of a paralegal’s restrictive covenants and the tactical steps to be taken to ensure compliance.
• McParland v Whitehead
• AM Fire v Edmunds
• Payzone UK Ltd and Craig Hambling Ltd
• Hogg v TEC [2012]

NHS/Medical Sector

Nigel has notable experience in GMC fitness to practise hearings and appeals in the Administrative Court, including 2 high profile cases relating to the activities of Dr Shipman. This knowledge assists him when addressing employment cases in the NHS/Medical sector.

He has considerable experience in dealing with many internal disciplinary and appeal hearings for NHS Trusts and the Ambulance Service. He has intimate knowledge of the application to contracts of employment of “Maintaining High Professional Standards in Modern NHS” which replaced NHS Circular HC(90).

His cases have involved for example the proper interpretation of clauses incorporated into contracts of employment by Agenda for Change e.g. Clause 16.7 regarding redundancy payments [Sidwell and Others v NHS Lancashire PCT – 2012 (ET)]. Recent cases in this sector for the period 2023 – 2025 include:

• Dr Watts v Manchester University Foundation NHS Trust
• Merson v United Lincolnshire NHS Trust
• Frazer v Harrogate and District NHS Foundation Trust
• Akiinmeji v East Kent Hospitals NHS Trust
• Tyerman V Rotheram NHS Foundation Trust and one other
• Ali v Manchester University NHS Foundation Trust
• Topia V Lancashire Hospital NHS Services Ltd ( High Court claim for an injunction to prevent a disciplinary hearing from going ahead)

He has dealt with appeals relating to the exclusion of GPs from Medical Performers Lists.

University/Higher Education Sector

Nigel has dealt with cases relating to the University/Higher Education Sector for many years. His expertise has been recognised by being asked to chair internal disciplinary and grievance appeals by the Universities of Salford, Lancaster, Newcastle, Hull and Leicester.

He has dealt with cases considering limits to or the extent of “academic freedom” [Duke v University of Salford] and he has advised upon the best way to proceed following student complaints against a Professor.

He has been engaged in cases concerning the entitlement to protective awards following the expiry of fixed term contracts of academic and research staff.

Nigel represented Dr Girgis in his claim for direct and indirect race discrimination against the Joint Committee on Intercollegiate Examinations ( 2023/).This was the first ever case seeking to challenge and test the FRCS examination system and whether it prejudiced Non – UK Nationals.

Recent cases in this sector for the period 2023- 2025 include:

• Dr Maarabouni v University of Keele
• Saad v University of Manchester
• Sullivan V E-Act

Sport

One of the cases which is the closest to Nigel’s heart (being a supporter of BWFC) was when he represented the Club at FA arbitration hearings in the case of Notts County FC v Bolton Wanderers FC and S Allerdyce. He represented Manchester City FC upon the employment claims brought against them by Colin Bell.

His clients have also included Wigan RLFC and Stockport County FC. He has represented clubs at FA and League disciplinary and arbitration hearings and in High Court proceedings. He was approved Counsel for the hearings during the Commonwealth Games in Manchester.

He has been instructed to conduct workplace discrimination investigations for high profile championship/premier league football clubs.

Local Government And Police Cases

Nigel is very familiar with employment cases involving Local Authorities. He has represented virtually all Local Authorities in the North West and North Wales over the years both in internal disciplinary proceedings, in Employment Tribunal claims and Appeals.

He has dealt with internal disciplinary cases for Greater Manchester Police and represented them and the North Wales Police in discrimination claims.

He is instructed by the police federation as well as the police forces. A recent cases include Thompson – Brown V Commissioner of Police for the Metropolis (2025).

County Court

Nigel has dealt with discrimination cases in the County Court both in his role as a Judge and as an advocate.

Insurance Fraud

Nigel Grundy has been involved in insurance fraud cases for over 20 years. He has seen the development of many different types of and more sophisticated individual frauds and fraud rings. He has experience and expertise in advising and dealing with all types of RTA fraud, property insurance fraud (Arson), permanent health insurance fraud, personal injury fraud (exaggerated claims).

He represented Airtours PLC in a dispute about a large claim brought by a pilot under a PHI policy [16.1.02; Appeal – 2002 EWCA Civ.1659].

Recently he has been involved in advising and defending claims arising from “minibus fraud rings”. He has particular experience of addressing issues of fundamental dishonesty both in his judicial capacity and at the Bar.

Personal Injury

Nigel has acted in equal proportion for Claimants and Defendants in his personal injury and industrial disease work for many years. He features on the approved Counsel list for many well-known insurance companies, the MIB and Trade Unions.

His industrial disease experience includes:
– Asbestos related diseases
– Noise deafness
– HAVS/CTS
– Dermatitis
– Occupational asthma
– Silicosis
– COPD
– Bladder and Lung cancer

Nigel was involved in one of the important Court of Appeal authorities addressing the proper legal application of the COSHH Regulations [Naylor v Volex Group PLC [2003] EWCA Civ 222]. Recently he has represented Claimants seeking compensation for silicosis and PMF from the Secretary of State for Energy and Climate Change and UK Coal following settlement of earlier claims for COPD in the British Coal Disease Litigation.

His cases have involved exposure of workers to endotoxins (produced by the breakdown of bacteria) and various different enzymes.

High Value Claims

Nigel is well known for his detailed and knowledgeable approach to multi-party actions and catastrophic injury cases both for Claimants and Defendants. He has also been involved with some high profile chronic pain/complex regional pain syndrome cases, for example Huddart v Lancashire CC (2012).

Health And Safety At Work And Inquests

Nigel’s personal injury and industrial disease work links with related work upon health and safety prosecutions and Coroner’s Inquests. His experience with Inquests extends beyond the strict personal injury field to include deaths in custody.

Inquests & Public Inquiries

Nigel Grundy has extensive experience of advising about ,preparing for and attending inquests which often dovetails with his personal injury practice , in particular occupational disease and cancer deaths following exposure to substances hazardous to health including asbestos, coal and silica dust and carcinogens in the workplace . Also, he deals with inquests arising from fatal accidents in factories, on construction sites and road traffic accidents.

He has represented the medical profession and families  at inquests involving investigation of the clinical treatment provided to the deceased (e.g. following an overdose of paracetamol and treatment given following a stroke and/or cardiac arrest and other potentially fatal medical conditions if not treated properly or urgently) This has involved legal argument as to whether a finding of contribution by neglect is appropriate or should be left to the jury.

He deals with Article 2 inquests involving a wider scope of investigation and also legal argument whether a verdict of unlawful killing  is appropriate or should be left to the jury. (e.g. whether a verdict of unlawful killing should be left to a jury following the death of a child hit by a reversing lorry using a transport system which necessitated reversing out from a site with no banksman in situ).

Appointments

Recorder (2000)

Associations

Employment Lawyers Association

Personal Injury Bar Association

Professional Negligence Bar Association

Northern Chancery Bar Association

Education

MA Hons (Oxon) Jurisprudence, Oxford

Bar Course, Inns of Court Law School

Prescribed Information

Nigel Grundy is a practising barrister, who is regulated by the Bar Standards Board. Details of information held by the BSB about Nigel Grundy can be found here.

Nigel’s clerks will happily provide no obligation quotations for all legal services that he provides. Their contact details can be found for employment here and for personal injury here. It is most common for Nigel to represent clients in courts, tribunals, joint settlement meetings and mediations for a fixed brief fee plus refresher days fees. Likewise when he acts as a mediator or chair of an internal disciplinary or appeal panel he will usually charge a fixed brief fee plus refresher days fees. For advisory work, preparation of pleadings and court applications Nigel’s work is usually charged at an hourly rate, but at the request of clients it can be performed for a fixed fee. Conditional Fee Agreements will be considered for Claimant personal injury work and clinical negligence cases. Nigel also accepts direct access work which is usually performed for a fixed fee. Nigel will return paperwork urgently if required but typically within 10-14 days, although professional commitments, complexity and volume of documentation can affect these approximate timescales.