5 Essex Court

John-Paul Waite

Call 1995

Employment

John-Paul has extensive experience acting for public bodies and private companies in the Employment Tribunal, Employment Appeal Tribunal and Court of Appeal.

He is the founding author of the Employment Tribunals Handbook, published by BloomsburyProfessional (5th edition published in 2017).

Significant cases include the following:

Essop (others) v Home Office (UK Border Agency)  [2017] UKSC 27 - acted in the Supreme Court as junior counsel for the Home Office in relation to 50 Trade Union backed claims in which it is alleged that an internal assessment is indirectly discriminatory. The Home Office was successful before the Employment Tribunal whose decision was then overturned by the EAT.   The Court of Appeal allowed the Home Office’s appeal before the Claimants were successful in the Supreme Court.  

Cordell v Foreign and Commonwealth Office [2012] ICR 280 – successfully acted for the FCO in the Employment Tribunal and Employment Appeal Tribunal in a test case concerning the correct choice of comparator in a claim for direct disability discrimination. The Claimant was supported by the Equality and Human Rights Commission:

Watts v High Quality Lifestyles [2006] IRLR 850 – test case for determining the meaning of direct discrimination under the DDA.  Acted for the Claimant, an HIV sufferer who was dismissed from his employment 

UK Power Networks Ltd – advised on the TUPE implications arising from the insourcing and reassignment of a major contract. 

Rashid and Others v EDF Energy– successfully acted for EDF Energy in multiple unfair dismissal claims arising from a major restructuring exercise. 

Pope and Buckley v Department for Transport Vehicle Operating Services– successfully acted for the Respondent in a claim relating to the imposition of a pay settlement and its resultant impact upon individual contracts of employment. 

Stevens v Ministry of Defence - acted for the Ministry of Defence in relation to a major claim for whistleblowing and unfair dismissal brought by a former employee of the department. The claim is currently part-heard and is due to be completed in May of this year. 

Kidson v UK Power Networks Ltd –advised the Respondent in relation to a high value claim by a former consultant of the company who claimed that he was an employee who had been unfairly dismissed.