Amy Smith

Employment

Amy specialises in employment law and has appeared in the Employment Tribunal, in England and in Scotland, representing both claimants and respondents in full hearings, preliminary hearings and judicial mediations. Amy has also appeared in the Employment Appeal Tribunal, assisting Joanne Woodward by making representations on extraneous matters.

Amy has experience in:
– Unfair dismissal, including constructive dismissal;
– Discrimination;
– European law and its impact upon employment law;
– Protected disclosures;
– Redundancy;
– Trade union matters;
– TUPE;
– Deductions from wages;
– Working Time Regulations;
– Restrictive covenants;
– National minimum wage;
– Breach of contract.

Amy is eager to undertake advocacy, advisory and drafting work in all areas of her specialist field. She also appears in the County Court, with the result that she has experience of both Tribunal and County Court procedure.

Amy has been involved in the following cases:

– Drury v Griffiths – ET
Amy successfully opposed an application under the new Rules for a review of a default judgment.

– Hayes v Countrywide Freight – ET
Amy was able to defend a claim for sex discrimination and constructive dismissal.

– Todd v Kaleidoscope Nurseries – ET
Amy successfully represented the Claimant, in a whistleblowing claim, who alleged that she had been dismissed because she had made a protected disclosure to Child Services about an at risk child.

– Walter v Scott’s Catering Services (http://www.stokesentinel.co.uk/Chef-fired-telling-golfer-loses-unfair-dismissal/story-19001140-detail/story.html)
A chef alleged that he had been unfairly dismissed after he had sworn at a diner. Amy represented the Respondent and succeeded in challenging the claim.

– Smith v Virgin Media – ET (http://www.thecourier.co.uk/news/local/dundee/sacked-engineer-fails-with-claim-after-leaving-hole-in-dundee-street-1.119986)
Amy successfully represented the Respondent at an unfair dismissal hearing in Scotland.

– Lally and Woolley v Energie and Marcus Hafner
Whilst representing the First Respondent Amy was able to persuade the Tribunal to dismiss the claim against the client.

– Klimaszewski v Ruabon Community Council
Amy succeeding in getting all the Claimant’s claims dismissed under jurisdictional time points.

In pupillage Amy saw a wide variety of employment and commercial work, including both contentious and non-contentious matters, with varying degrees of complexity. She worked closely with Joanne on a high profile case involving a claim for indirect race discrimination reported at Kapenova v Department of Health [2013] EqLR 188.

Prior to starting pupillage, Amy worked for the Law Commission in the Commercial and Common Law Team specialising in consumer and insurance law. She completed extensive legal research and drafting on complex legal matters including: misrepresentation; duress; consumer credit and post contract duties of good faith in insurance. She has also represented clients for FRU and the Bar Pro Bono Unit, including claiming unfair dismissal in an alleged sham redundancy situation. In addition, whilst completing the BPTC Amy set up and ran an employment law, pro bono advisory service.

Education Law and Special Educational Needs

Amy also practices in the Special Educational Needs Tribunal. She uses her extensive knowledge of disability discrimination gleaned from years of practice in the Employment Tribunal. Amy represents local authorities and parents in the SEND Tribunal in the following areas:

1. Appeals against the contents of Sections B, F and I of an EHCP,
2. Appeals against the contents of Sections 2A, Section 2B and 2D of an Individual Development Plan,
3. Appeals against a refusal to issue an EHC or Individual Development Plan,
4. Appeals against a decision to cease a Plan.

Notable Cases

Amy is an experienced appellate advocate and has appeared in the following cases:

• Mr M Kler v Quill Pinpoint Limited (EA/2021/001420/AS) – A hearing determining whether to extend time.
• A Leader v The Borough Council of Bolton (UKEAT/0231/15/RN) – two preliminary appeals and one full appeal on several grounds, most notably whether the Judge at first instance ought to have reconsidered his Judgment on disability.
• The Royal Bank of Scotland v Mr P O’Doherty (UKEAT/0307/14/RN) – an appeal on several grounds including issues of recoupment notices, half-pay sickness absence and the re-opening of a liability decision on Polkey and contributory fault via applications for reconsideration.

Amy has a particular interest in discrimination cases, most particularly in sex and disability discrimination claims. In pupillage Amy worked closely with Joanne Woodward on a high profile case involving a claim for indirect race discrimination reported at Kapenova v Department of Health [2013] EqLR 188.

She has also represented clients in employment cases in the County Court, with the result that she has experience of both Tribunal and County Court procedure.

Publications

Amy has co-authored two papers which were published in the New Law Journal on consumer law. She has also co-written a paper on the development of insurance law, which was later presented in a seminar.

Appointments

Fee Paid Employment Judge, Midlands West Region (2021)

Associations

Employment Law Bar Association

Employment Lawyers Association

Education

Law with European Law LLB (Hons), University of Leeds

BPTC, BPP Law School Leeds

Awards

Eastham Scholarship and Sir Thomas More Bursary, Lincoln’s Inn

Prescribed Information

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

Amy’s clerks will happily provide no obligation quotations for all legal services that she provides. Their contact details can be found here. It is most common for Amy to undertake Tribunal work for a brief fee plus additional refresher days. For advisory work, paperwork and conferences it is most commonly charged at an hourly rate, although fixed fees may be available depending on the circumstances. Amy will typically return paperwork within 7-14 days, however professional commitments, complexity and volume of documentation can affect these approximate timescales.