5 Essex Court

Robert Talalay

Call 2010

Employment

Bobby is regularly instructed in a wide range of employment matters in both the ET and the EAT. He has experience defending claims for discrimination and whistle blowing and successfully defended a constabulary in the largest tribunal proceedings in its history. Bobby has also represented both Claimants and Respondents in the ET and EAT, and has experience of drafting advices and pleadings in all employment matters. 

Bobby’s recent cases include a trial for disability discrimination, an appeal against a National Minimum Wage notices of underpayment, a constructive dismissal trial, an appeal in the EAT against a finding that the Appellant had been fairly dismissed, and an appeal to the EAT arising from a finding that dismissal was automatically unfair by reason of maternity.

Parker v BC Softwear Ltd (UKEAT/0213/17/BA) – Counsel for the Appellant in the Employment Appeal Tribunal. The appeal concerned what behaviour constituted a breach of the implied term of trust and confidence and also the fairness of finding that an employee had been dishonest by preferring one person’s account over another’s absent a wider investigation.

Smart Medical Clinics Ltd v Naraine (UKEAT/0233/17/DM) – Counsel for the Appellant in the Employment Appeal Tribunal. The appeal concerned the law surrounding a finding of automatically unfair dismissal for maternity where the Tribunal had not rejected the employer’s evidence that the dismissal was for conduct.