Paul Gilroy KC

Employment

Paul Gilroy KC’s reputation is principally based on his employment practice. He has over three decades of experience in employment-related litigation at all levels. During this time, he has been  consistently recognised by Chambers & Partners, The Legal 500, and Legal Experts as a leader in this field. Paul Gilroy is a specialist Employment Tribunal practitioner who is instructed in cases of the greatest value, complexity and sensitivity. His Tribunal practice spans the full range of workplaces, from local and central government, the NHS, commerce and industry to the professions and academia.

He has a particular interest in sports-related litigation and regulatory matters in sport. He has advised and acted for a stellar list of football clients, including Roy Hodgson, Martin O’Neill, Gianfranco Zola, Gareth Southgate, Henning Berg, David O’Leary, Sir Alex Ferguson, Harry Redknapp, Mark Hughes, Pep Guardiola, Roberto Di Matteo, Roy Keane, Alan Curbishley, Gerard Houllier, Marco Silva, Ray Wilkins, Steve Clarke, Owen Coyle, Roberto Martinez, Sam Allardyce, Brendan Rodgers, Tim Sherwood, Michael Laudrup, Alex McLeish, Chris Coleman, Ryan Giggs, Sean Dyche, Paul Lambert, Neil Warnock, Chris Hughton, David Moyes, Nigel Adkins, Alan Pardew, Phil Brown, Nigel Pearson, Steve McClaren, Mick McCarthy, Jimmy Floyd Hasselbaink, Martin Allen, Phil Neville, Gary Neville, Nigel Clough, Ray Clemence, Malky Mackay, Gus Poyet, Stuart Pearce, and Rene Meulensteen amongst others.

Paul has the most number of appearances as Counsel before the FA Premier League Managers Arbitration Tribunal. He is also a specialist member of the FA’s Judicial Panel and the FA Judicial Appeal Board.

Regulatory and Professional Discipline

Paul Gilroy KC has been instructed in high profile public inquiries (Ashworth Hospital and Harold Shipman), and has wide-ranging experience in the field of professional discipline, both acting in and conducting disciplinary hearings for Universities and sports bodies and in the NHS.

Paul Gilroy has wide-ranging regulatory experience, advising in relation to, acting in and conducting hearings in particular for Universities and sports bodies and in the NHS.

He has particular expertise in the conduct of Interim Orders and Fitness to Practise Panels before the GMC.

Notable cases

• Instructed on behalf of senior officer of County Council to appear at appeal against his dismissal for gross misconduct.
• Prosecuted senior police officers for corruption under the Police (Conduct) Regulations in internal proceedings conducted by their force.
• Appointed by NHS Trust to chair Gross Misconduct proceedings against Consultant Obstetrician and Gynaecologist.
• Successfully defended Postgraduate Dean before a Panel of the Academic Senate of a University on 50 charges of bullying and harassment.
• Appointed by University Vice Chancellor to chair five separate panels to determine grievances and grievance appeals brought by senior academics.
• Instructed to obtain injunctive relief to restrain the taking of disciplinary action against a Senior Consultant.
• Represented GP charged in GMC proceedings with serious professional misconduct following acquittal of serious sexual offences.
• Numerous cases (in various contexts) involving the application of Maintaining High Professional Standards in the Modern NHS (“MHPS”) and similar.
• Conducted independent investigation on behalf of a sports governing body into alleged wrongdoing which had led to withdrawal of public funding

Notable Cases

• Williams v Purplebricks Group Plc [2023] – a test case on employment status involving franchising and leasing agreements.
• USDAW v Tesco Stores Limited [2022] – Discussion of the controversial practice of “fire and re-hire” where recourse to the law of implied terms provides protection, at least where “permanent” benefits are concerned. Paul represented USDAW and successful secured declaratory and final injunctive relief restraining Tesco from seeking to fire and re-hire the claimants.
• Various v Rugby Football League and Super League (Europe) [2018] – Challenges to salary cap and other restrictions on professional rugby league players.
• Carl Frampton v Barry McGuigan [2017-2018] – High Court litigation and Arbitration before the British Boxing Board of Control.
• Harrod and ors. v Chief Constable of West Midlands Police and ors. [2017] EWCA 191 – (Court of Appeal). Indirect age discrimination and justification.
• BAE Systems v Konczak [2017] EWCA 1188 – (Court of Appeal). Divisibility of psychiatric harm.
• Greater Manchester Police v Bailey [2017] EWCA Civ 425 – (Court of Appeal). Race Discrimination.
• Re: Mr X [2016-2018] – Independent investigation on behalf of an NHS Trust into whistleblowing complaints made by a Consultant Orthopaedic Surgeon.

Appointments

• Part-time Judge of Employment Tribunals, 2000
• King’s Counsel, 2006
• Specialist Member of the Judicial Panel of the Football Association, 2007
• Member of the Chairperson’s List, Sports Resolutions UK, 2007
• Member of the Judicial Appeal Board of the Football Association, 2008
• Legal Arbitrator for Sport Resolutions UK
• Legal Member of National Anti-Doping Panel (NADP) Sport Resolutions UK, 2010-2015
• Thematic Arbitration Panels of Sport Resolutions UK
• FA Judicial Panel Specialist Member
• FA Judicial Appeal Board Specialist Member

Publications

Author of Chapter on Football Managers’ Contracts in ‘Football and the Law’
(Bloomsbury – publication in May 2018: https://www.bloomsburyprofessional.com/uk/football-and-the-law-9781847668820/)

Associations

Employment Law Bar Association

Employment Lawyers Association

Professional Negligence Bar Association

Prescribed Information

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

Paul Gilroy KC’s clerks will happily provide no obligation quotations for all legal services that he provides. Their contact details can be found here. It is most common for Paul Gilroy KC to undertake any Court, Tribunal or Mediation services and advisory work for a brief fee and refresher day fees. For advising either in writing or in consultation his work is most commonly charged at an hourly rate. Conditional Fee Agreements and Damages Based Agreements will be considered in cases with favourable prospects of success. Paul Gilroy KC will typically return paperwork within 7 days, however professional commitments, complexity and volume of documentation can affect these approximate timescales.

Paul also undertakes Direct Access work. This work is undertaken on a contractual basis. The terms will be agreed between the client and Paul’s clerks. This is on fixed fee basis for a specific events such as a conference, advisory work, a hearing with additional hearing days (refreshers) or the drafting of specific documents. All work agreed to be undertaken by Paul with the fixed fee cost will be clearly outlined in the direct access contract signed by the client and will be payable in full prior to the commencement of the work.