Laura Kaye

Employment

Laura accepts instructions for representation and drafting in all areas of Employment Law up to and including appellate level. She is sought after for her discrimination expertise and is consistently instructed pre-litigation for her strategic input.

Her recent Appeal Tribunal work includes:

• Drafting a response to an appeal in the Court of Appeal on jurisdictional issues and the correct interpretation of s.98(4) ERA 1996 on the issue of “reasonableness”.
• Successfully resisting an appeal before HHJ Barklem on the correct application of the Polkey in cases of composite reasons for dismissal.
• Resisting an appeal against the Order of an EAT Registrar and the Claimant’s application for an extension of time for presentation of the said appeal before HHJ Beard.

Examples of her Employment Tribunal cases includes:

• Securing the Tribunal’s maximum £20,000 costs order against a serial Claimant, following a failed claim of disability discrimination against a recruitment agency.
• Representing the Respondent in the successful defence of a claim for unfair dismissal, arising from the Claimant falsely reporting the movements of a vulnerable service user in a care home.
• Successfully arguing the substantial adverse effect within the meaning of s.6 was causative of a drug addiction (an excluded disability). The ET accepted, following cross examination of the Claimant by Counsel, that the Claimant’s mental health related to his drug use and unfortunate life stressors as opposed to depression.
• Successfully defending claims of automatic unfair dismissal for whistleblowing, whistleblowing detriment, direct race discrimination and racial harassment in a 7-day hearing. The Claimant alleged her drink had been spiked by her manager during a training session.
• Representing the Respondent in a 7-day discrimination trial following a disciplinary process of a Claimant in a safety critical role within the rail service.
• Successfully acting for an NHS Health Trust following a claim of discrimination by the Claimant sonographer. A key issue in the case centred on the safety of a sonography room for a vulnerable employee in the CV-19 pandemic. .
• Representing a care home provider, in an 8-day final hearing resisting claims of direct race discrimination, victimisation and whistleblowing detriment. The Tribunal considered whether the Respondent was vicariously liable for alleged comments by a service user pursuant to s.110 Equality Act 2010.
• Resisting a claim of unfair dismissal brought by a firefighter arising from alleged ‘workplace banter’ during an away training week, with a particular focus on substantive fairness and consistency of treatment in comparison with co-accused.
• Applying the principles of res judicata in an application by a Local Authority for strike out of claims for indirect age discrimination and constructive unfair dismissal brought by a Claimant firefighter, who was also part of a successful class action in respect of pension changes (see McCloud/Sargeant [2018] EWCA Civ 2844).

Laura has extensive experience in drafting and advisory work, including:

• Advising two senior employees on various claims following a takeover by a social networking service based in the United States.
• Advising the Respondent, a chain of high-end luxury supermarkets in the North of England, in defence of claims for disability discrimination, religious discrimination and harassment on the grounds of religion, whistleblowing detriment, unfair dismissal including for automatically unfair dismissal on the grounds of whistleblowing. Laura drafted the application for strike out and deposit orders which the Tribunal accepted and resulted ultimately in the dismissal of almost all claims.
• Advising a logistics hire business on liability and quantum in claim for automatic unfair dismissal (whistleblowing), detriment for whistleblowing and on the grounds of health and safety, direct sex discrimination, harassment related to sex and on the grounds of rejecting harassment.
• Drafting a List of Issues on behalf of a utilities company in response to a claim for constructive unfair dismissal and disability discrimination where the Claimant’s Further & Better Particulars totalled in excess of 50 pages.
• Advising a school in defence of claims of constructive unfair dismissal and disability discrimination.
• Advising a fire service on strategy in circumstances where an employee had been charged with sexual offences and was awaiting a criminal trial.
• Settling particulars and advising a Claimant in claims for direct sex discrimination, associative discrimination on the grounds of sex, harassment relating to sex and sexual harassment as well as racial harassment and associative racial harassment arising out of incidents and comments form male colleagues and superiors.

NHS 

A considerable part of Laura’s practice is for NHS Trusts and other public sector organisations. Most recently, she has acted in the following cases:

• Dr I v Humber Teaching NHS Trust – successfully resisting claims for direct race discrimination centred on the Trust’s handling of a a complaint raised by the Claimant against another Doctor following a CPD session.
• Mr W & Others v Hull University Teaching Hospital NHS Trust – defending claims of unlawful deduction from wages based upon applicable banding supplements.
• Ms A v Hull University Teaching Hospital NHS Trust – dismissal of employee following a period of long term sickness absence.
• Dr O v University Hospital of Morecambe Bay NHS Trust – successfully secured strike out of all claims including unfair dismissal, race and disability discrimination. Additionally, secured a costs order for the Trust in the sum of £4,000.
• Dr I v Humber Teaching NHS Trust – instructed to advise and represent the Trust in defending claims of victimisation and harassment.
• Ms G v County Durham NHS Trust – successfully defended claims of disability discrimination brought by the Claimant sonographer in respect of her treatment and return to work in the CV-19 pandemic.

Professional Discipline

Having worked for public bodies, schools, Local Authorities and NHS Trusts, it was an organic development of Laura’s practice to act in professional discipline matters. Laura accepts instructions from Regulators in Fitness to Practice hearings including reviews. Her most recent work includes acting for the General Medical Council and Social Work England.

In review hearings for the General Medical Council, Laura has experience of dealing with cases where impairment was found due to misconduct, deficient professional performance and a variety of health issues. Most recently, Laura secured erasure from the Medical Register in a case of persistent non-engagement with the Regulator.

Education Law and Special Educational Needs

Laura’s expertise of disability discrimination and Equality Act 2010 matters means she is sought after by Local Authorities for advisory work and representation in the Special Education Needs Tribunal. Laura has dealt with a wide range of appeals covering all aspects of the EHC Plan including decisions by the Local Authority not to issue an EHCP.

Mediation

Laura compliments her legal practice with work as a trained Mediator, specialising in employment and workplace disputes.

As a result of her additional training, Laura’s employment clients often look to her for advice and representation in Judicial Medications/Judicial Assessments and alternative dispute resolution hearings in the Tribunal and County Court.

Articles

Employment Insights: Top five tips in redundancy situation (2020)

Top ten tips for s.6 Equality Act 2010 hearings (2019)
https://ninechambers.com/employment-law-blog/top-ten-tips-for-preliminary-hearings-on-disability/

Associations

Employment Lawyers Association

Education

LLB, Nottingham Law School (NTU)

BPTC, BBP Law School (Manchester)

Awards

Walter Wigglesworth Scholarship, Lincoln’s Inn (2016)

Lord Denning Scholarship, Lincoln’s Inn (2013)

Vice Chancellors Award, Nottingham Law School (2013)

Richard Sutcliffe Memorial Mooting Prize, Nottingham Law School (2013)

Prescribed information

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

Laura’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 Laura to undertake Court and Tribunal work for either a fixed fee or 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. Laura will typically return paperwork within 10-14 days, however professional commitments, complexity and volume of documentation can affect these approximate timescales. Shorter timescales can be accommodated, please notify Laura’s clerk at the time of instructing if this is required.