5 Essex Court

Daniel Hobbs

Call 1998

Employment

Dan has nearly 20 years experience in bringing and defending employment cases in the employment tribunal. His practice also incorporates high court litigation concerning employee competition, restraint of trade and misuse of confidential information. He advises on group moves.

He has had a number of employment appeal tribunal successes including wins in Lancaster v TBWA Manchester (a case about the duty to make reasonable adjustments in disability cases) and Dr Suhail v Herts Urgent Care (a case about whether out of hours GPs have either ‘employee’ or ‘worker’ status).

Significant cases:

Dr Jawad Ali v Dr Torrosian and others [2018] UKEAT/0310/17/JOJ – how should tribunals approach the ‘legitimate aim’ defence in s.15 discrimination claims?

Mardner v Gardner [2014] UKEAT/0483/13/DA – should the employment tribunal should ignore the fact that a Claimant has legal expense insurance when making a cost award in his favour?

The Secretary of State for Justice v John & Iris Norridge [2014] UKEAT/0443/13/LA – how should tribunals apply the test of fairness under s.98(4) ERA 1996?

Cox v Essex Fire Authority [2013] UKEAT/0162/13/SM – when does an employer have ‘knowledge’ of a disability?

Dr Suhail v Herts Urgent Care [2011] UKEAT/0416/11/RN – do out of hours GPs have either ‘employee’ or ‘worker’ status?

Lancaster v TBWA Manchester [2010] EAT/0460/10 – is there a duty to make reasonable adjustments if the measure is unlikely to have much effect?

Patel v Marquette Partners (UK) Ltd [2009] IRLR 425, [2009] ICR 569 (EAT) – can the employer make a deduction from earnings in respect of a disputed tax liability?

Pennwell Publishing (UK) Ltd v Ornstien and others [2007] IRLR 700, [2007] EWEHC 1570 (QB) – when is a journalists’ list of contacts his own?

Scotts Co (UK) Ltd v Budd [2003] IRLR 145, [2004] ICR 299 (EAT) – is there an Achilles heel to the notice pay provisions of the ERA 1996?

United Guarding Services Ltd v St James Ltd [2003] EAT/0770/03 (and Harvey’s Bulletin No. 313, August 2004) – is an employee on long term sick leave still attached to the undertaking?

Wodson Park Sports and Recreation Association v West [2002] EAT/0219/02 – if a landlord terminates a business lease, might he become the transferee of the affected business’s staff?