5 Essex Court

Charles Apthorp

Call 1983

Employment

Charles has widespread experience of employment law, representing large public bodies such as NHS Trusts and police forces in cases involving dismissal for disciplinary reasons, incapacity, unfair dismissal and those involving allegations of disability and racial discrimination. He was recently instructed by a police force in a multi-handed race discrimination claim, the sum claimed was in excess of £1m.  

Charles has also been instructed in a complex disability discrimination case relating to a consultant in the oil and gas industry who has MS. 

Charles is also regularly instructed in respect of redundancy, in particular ETO’s and TUPE transfers and in matters relating to pensions.

Cases and advisory work include: 

  • Unfair and wrongful dismissal
  • Disability discrimination
  • Race Discrimination
  • Incapacity
  • ETO’s and TUPE transfers
  • Redundancy
  • Breaches of FSA and FCA regulations

McGlue and others v Land Registry UKEAT/0197/11 liability, and UKEAT/0435/11/RN quantum, re injury to feelings and overlap with aggravated damages.  Sex discrimination claim arising from being excluded from a VR severance package, EAT held entitled to recover value of the package as compensation even though she had continued to be employed, disproportionate impact on female employees. The initial hearing on liability took 3 weeks followed by 2 days in the EAT, followed by a 4 day hearing on quantum, followed a further day in the EAT.

Wood v MIS Brokers Ltd  - Charles represented a Broker in a high value claim in the High Court, which also involved alleged breaches of FSA regulations, recovering substantial damages and costs.