About Andrew Sugarman
Andrew has been consistently highly rated by the leading guides to the legal profession.
Chambers and Partners identifies him as one of the top 3 Employment practitioners in the North-East of England and the Legal 500 describes him as a Leading Junior in the field of Employment, who is both "technically and tactically astute, with an engaging personal style".
Andrew completed pupillage at Cloisters, London and then worked for 6 months as a Judicial Assistant to the Court of Appeal assigned specifically to Mummery LJ, former President of the EAT, and Arden LJ. Since being called to the Bar in 2001, he has specialised in the field of employment, whilst maintaining a strong clinical negligence and personal injury practice.
He is Chambers' Head of Civil Pupillage and sits on Chambers' Executive Committee.
|Education:||Trinity College, Cambridge 1996-1999 B.A. (Hons), M.A. (Cantab); Tulane University, New Orleans 1999-2000, LL.M (with Distinction)|
|Professional Associations:||ELA, ELBA, ILS; PIBA; Bar Pro Bono Unit; Justice|
|Appointments:||2001: Kalisher Scholarship: awarded to one Bar school student nationally p.a.; 2000-2001: Sunley and Whittaker Scholarships and Sir Thomas More Bursary from Lincoln's Inn; 1996-1999: Six scholarships awarded by Trinity College, Cambridge including for overall performance|
Specialist Practice Areas
Chambers & Partners 2018 (Band 1): Receives no shortage of praise in the market for his distinguished practice representing claimants and respondents. He acts for a diverse client base, from trusts, local authorities and large-scale corporates to individuals. Strengths: "The biggest compliment I can pay him is that I trust him with all of our clients. What he does reflects well on us." "Sugarman is a firm advocate whose calm exterior reassures clients. His grasp of the legal and factual issues inspires confidence." Recent work: Acted for York Teaching Hospitals NHS Trust in a whistle-blowing, race discrimination and unfair dismissal employment tribunal claim brought by one of its vascular surgeons.
Legal 500 2017
"Technically and tactically astute with an engaging personal style."
Legal Who's Who Andrew was one of a few employment specialists outside of London to appear in the first edition, which noted he was “much in demand by both claimants and respondents for his skills across the spectrum of employment law.”
Andrew has been rated by Chambers and Partners and the Legal 500 for the last 10 years, with the following reviews:
- “His cross-examination is killer and his submissions are outstanding”
- “He's straightforward but technically able, and clients feel like they're in safe hands. He's got a lot of common sense and he knows how to play to the Tribunal.”
- “Approachable, personable, easy to work with and 100% reliable.”
- “Represents commercial and public sector employers, charitable bodies, trade unions and their members. ‘He is the calm port in the storm. He looks at things objectively and thinks well on his feet.’“
- “Very good at explaining complex legal concepts to clients.”
- “An experienced employment advocate who is instructed by a wide range of clients, and is recognised as being equally adept at acting for claimants and respondents. He is a skilled barrister, but also straight-talking and down-to-earth. He is very good with clients, and can cut to the main issues quickly and explain difficult legal concepts clearly and concisely."
- "…technically brilliant...a down-to-earth junior, he is popular due to the "efficient and thorough" approach he takes.”
- He has impressed with his "straightforward style" and is "loved by clients."
- He is "highly dedicated and will go to enormous lengths to fight the battle. He is regularly instructed by trades unions and commercial and public sector employers.”
- “He remains a fine choice for employment” and “gains market respect for [his] practice…has a ‘great understanding’ of disability discrimination and employers’ liability for injury” and does a “first class jobs in tough cases, many of them without backup”;
- Andrew is “a tough advocate with excellent attention to detail”. He has “excellent depth and breadth of knowledge; gives realistic rather than legalistic advice.
Recently Concluded Cases
Examples of reported/ongoing cases include:
- NHS Trust Development Authority v Saiger and others (2017) UKEAT/0167/15, LTL 24/7/2017: for the successful appellant before HHJ Hand QC overturning the Tribunal’s findings of victimisation and giving guidance on procedural impropriety as a ground of appeal;
- Moseka v Sheffield Teaching Hospitals NHS Foundation Trust (2017) UKEAT/0517/13/SM, for the successful respondent at the EAT and the ET following a paper heavy, factually complex 3 week race and disability discrimination / unfair dismissal claim, concluding lengthy litigation that had made its way to the Court of Appeal and back;
- Lincolnshire County Council v Lupton:  IRLR 576: for the successful appellant before Simler P at the EAT overturning a rare order of re-engagement;
- Kowalewska-Zietek v Lancashire Teaching Hospitals NHS Foundation Trust (2016):  All ER (D) 262 (Jan): for the successful respondent in the ET and EAT in a race discrimination case brought by a Consultant Neurologist. Langstaff J gave guidance on the burden of proof provisions under the Equality Act 2010;
- Thompson v Ministry of Justice (2016) UKEAT/0004/15/LA (joined with Miller v MoJ): acting for a former Valuer Chair in the First-Tier Tribunal (Property Chamber) in the EAT in his claim of part-time worker discrimination in relation to access to the judicial pension scheme, pay and other benefits;
- Martineau and others v Ministry of Justice,  ICR 1122 (EAT): for the successful appellants who were part-time judges of the Immigration Appeal Tribunal. The case raised an important point about the test case provisions in the ET Rules of Procedure and rights of non-parties to appeal ET decisions;
- Stuart v BUPA Dental Services Limited UKEAT/0237/13/BA (2014): for the successful respondent on an appeal to the EAT concerning the employment status of a dentist;
- Osaghae v United Lincolnshire Hospitals NHS Trust UKEAT/0576/12/BA, Lawtel 26.3.14; Westlaw (2013) WL 7117533: for the successful respondent at the EAT in a case concerning issues of settlement and withdrawal;
- Browne v Central Manchester University Hospitals NHS Trust,  EqLR 545 (liability) and  EqLR 186 (remedies), IDS Employment Law Discrimination Handbook, Chapter 26: 4 week race discrimination/unfair dismissal claim for the successful claimant who recovered in excess of £1m in compensation;
- Unison v Addaction, UKEAT/0339/09/SM, LTL 19/2/2010 – a case in the EAT considering issues of amendment and whether a trade union had made a valid claim under Reg 13 TUPE;
- Calderdale MBC v Wells UKEAT/0340/09/CEA, LTL 7/12/2009 – successfully responding to an appeal to the EAT concerning the definition of employee status (including obtaining an order for costs in the EAT after a full substantive hearing).
- Re B – for the claimant in a complex chronic pain case which settled at a JSM for in excess of £1/4m;
- Slater v City of Wakefield MDC, High Court – acted successfully for the claimant, a teaching support assistant, at first instance and on appeal in a claim for injury caused by a pupil;
- Re H: multi-track case with a large number of witnesses in which it is alleged the claimants fraudulently induced an accident;
- W v M: acting for the Defendant in 6 figure claim raising issues about the correct approach to future loss of earnings;
- M v H NHS Trust: Complicated claim pleaded in excess of £1m brought by a former nurse arising out of an accident at work;
- Handrick v Rougeolle: acting for the successful claimant in a 3 day multi-track trial in an unusual case centred around the Occupier’s Liability Act 1984;
- W v P: a claim involving multiple injuries including a serious brachial plexus injury which eventually settled for over £1/4m;
- M v G: acting for the defendant in a high value RTA case in which the claimant suffered multiple serious injuries resulting in the loss of a career in the army.
Clinical Negligence and Healthcare
- Re D: acting for the successful claimant in relation to a claim of negligent obstetric care leading to the still birth of her child;
- Re R: for the claimant in relation to her claim of negligent treatment during the course of her pregnancy leading to the death of her unborn child;
- Re M: an on-going claim relating to allegedly negligent urological care arising out of a nephron-ureterectomy leading to unnecessary surgery and continuing physical and psychiatric sequellae;
- Re F: acting for the dependents and estate of a man who died following a heart attack in circumstances where the ambulance, which had been called, failed to arrive;
- Re B: dental negligence claim alleged sustained negligent course of treatment;
- Re M: acting for the dependents and estate in a case involving a death following a failed anastomosis;
- Re B: advising a Deanery on how to deal with a disabled doctor who encountered difficulties in training before resigning from the scheme.
Andrew co-writes, with Head of Team Seamus Sweeney, the “Equal Pay” chapter of Jordans Employment Law Service. He has written a number of articles on employment law which have appeared in publications such as Pulse (a magazine distributed to all registered GPs in the UK), the Discrimination Law Association’s Briefings and the Leeds and Yorkshire Lawyer.
He assisted Robin Allen QC in updating and redrafting the “Human Rights” chapter of Bullen & Leake on Pleadings.
Andrew taught the “Employment Law” option to the part time students at the BPP Law School in Leeds.
He has given various talks for the Employment Lawyers Association on “Tactics and Remedies in Employment Tribunal Litigation”, “Whistleblowing” and “Pension Loss Claims” as well as substantive case law updates. He has also given lectures and seminars to many firms of solicitors locally and nationally, including writing and delivering nationally an 8 hour “Employment Tribunal Advocacy Training Programme” to a leading firm of employment solicitors.
The topics of some of his lectures and articles have included:
- Whistleblowing and the Public Interest Test
- Holiday Pay: The Unexploded Timebomb
- Victimisation and Grievances
- Pension Loss Claims Post Auto-Enrolment
- Whistleblowing: the 2013 changes
- Service Provision Changes under TUPE
- Tactics, Remedies and Costs
- General and Discrimination Case Law Updates
- Are Agency Workers Employees?
- Claims, Responses and Compromise Agreements in Employment Cases
- Compensation for Unfair and Wrongful Dismissal
- The Employment Act 2008
- The Statutory Disciplinary and Grievance Procedures
Personal Injury, Clinical Negligence and Insurance
Andrew has lectured and written articles on a variety of personal injury topics. He recently co-authored an article entitled “Sweet Relief: To Mitchell or Not to Mitchell, That is The Question” which was published in the Personal Injury Brief Update sent to over 11,000 readers. He has been published in Pulse, a magazine sent to all GPs in the UK.
The topics of some of his lectures have included:
- Mental Capacity: A Talk for Personal Injury Practitioners
- Maximising Damages in Personal Injury Claims
- Employer Liability Review and Update
- Construction Site Accidents and Falls from Height
- General Case Law Update: including Fraud and Exaggeration
- Conditional Fee Agreements: A Practical Guide