Summary
Edward’s employment law experience began whilst he was a solicitor, this included advising corporate client’s about TUPE, drafting consultancy agreements and providing advice on settlement agreements. Having been called to the bar, Edward has represented Claimants and Respondents in the employment tribunal on a range of different matters including unfair dismissal, discrimination, whistleblowing and TUPE.
In December 2023 Edward represented the Claimant in the case of PC Coaches of Lincoln Ltd v T C Mini Coaches Ltd 2601179/2023, a case that turned on whether TUPE had been complied with and whether a pay rise purportedly given during the TUPE process was valid.
In December 2022, Edward appeared before the employment tribunal in Watford on behalf of the Claimant in the case of Ms D Patel v Simon Cooper and Co Ltd (1) Mr M Morjaria (2) 2205729/2021, a case turning on whether the Claimant had been dismissed following the making of a protected disclosure and harassment.
Edward appeared in the employment appeals tribunal in the case of Hovis Limited and Mr W Louton EA-2020-000973 representing the claimant (respondent on the appeal). The case in the employment tribunal centred around an allegation the claimant had been smoking in his lorry whilst working as a delivery driver, at the employment tribunal, the claimant gave evidence stating he was not smoking, in contrast, the appellant’s (respondent during the employment tribunal) witnesses did not attend to give evidence. The employment tribunal found it was precluded from making a finding that the respondent was smoking in the absence of evidence from the respondent’s witnesses. On appeal before His Honour Judge Auerbach, the EAT found the ET judge had erred, even ‘uncontroverted evidence needs to be weighed and assessed by the judge’ [49].
Edward has a wide range of expertise and experience when dealing with business and property disputes. As a solicitor, Edward worked within the commercial department of a leading Leicestershire law firm, regularly drafting and advising on a range of contracts including asset and share sale agreements, partnership agreements and standard terms & conditions. Upon being called to the bar Edward has regularly been instructed on contractual and commercial property disputes on both the fast-track and multi-track.
Edward is regularly instructed by a regional franchise driving school to deal with its franchise agreement disputes. These matters regularly include issues such as misrepresentation, whether the liquidated damages clause amounts to a penalty clause pursuant to Cavendish Square Holding BV v Talal El Makdessi ParkingEye Limited v Beavis [2015] UKSC 67, whether the franchisee is acting as a consumer for the purposes of the Consumer Rights Act 2015, frustration and whether the associated personal guarantee is enforceable.
Previous commercial property matters he has been instructed on include cases of unlawful forfeiture, breach of contract, whether there is a lease or licence to occupy and compliance with the Landlord and Tenant Act 1954.
Edward has represented claimants and defendants on a range of personal injury matters including employer liability, road traffic accident and occupier’s liability claims. These claims often include issues such as fundamental dishonesty, credit hire and disputes on causation and quantum. Previous matters Edward has been instructed on include an employer’s liability claim wherein a lamp post fell onto an employee’s foot causing a crushing injury and an occupational liability claim wherein a pupil at a primary school slipped on wet playing equipment.