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Called 2001 Email Andrew
Andrew has been consistently highly rated by the leading guides to the legal profession.
Both Chambers and Partners and the Legal 500 identify him as one of the top ranked employment law practitioners based in the North East: "An established presence in employment litigation who commands considerable respect..."..."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.
In 2019, Andrew was appointed as a Chair of Royal Mail's National Appeal Panel.
He is Chambers' Head of Civil Pupillage and sits on Chambers' Executive Committee.
Some say suprisingly, he once represented his country at table tennis and was the practice partner of the Women's Olympic champion. At present, with three young children, he says the chance of a meaningful hobby would be a fine thing, though he tries to squeeze in a bit of 5-a-side football, skiing, photography and scuba diving where he can.
"He impresses with his ability to get to the heart of the matter through a mass of potentially obscuring detail and to develop very quickly a thorough understanding of the specifics of the case in the context of the relevant case law." "He is a very strong advocate, supportive, detailed in his preparation and great with clients."Chambers & Partners 2020
SPECIALIST PRACTICE AREAS: EMPLOYMENT
Andrew acts for both employers and employees in all aspects of employment work, frequently appearing in the ET and EAT. He receives instructions from firms of solicitors around the country and acts for large and small employers in the private and public sector, as well as trade unions and their members. He has a particular specialism in healthcare related employment work and regularly acts for NHS Trusts nationally. He is currently instructed in a large private sector equal pay class action.
He has represented various members of the judiciary, including employment judges, in relation to their claims of part-time worker/age discrimination against the Ministry of Justice. He also acted for a member of the judiciary in disciplinary proceedings brought at the behest of the Lord Chief Justice. He regularly acts for senior executives in both the private and public sector and has advised other barristers, as well as others chambers on internal staffing issues.
A number of his regular solicitor clients have chosen to instruct him when claims have been made against their firms.
Other clients have included the Rugby Football League, the Crown Prosecution Service, the Royal Academy of Dramatic Arts, the General Dental Council, IBM, Unilever, the Priory Hospital at Roehampton, the Crown Princess of Greece, AMEC, Notts County Football Club, Capita, Network Rail, NHS Improvement, BUPA Dental Services and Care UK.
Outside of the litigation context and in addition to ordinary advisory and drafting work, Andrew has carried out complex independent investigations into allegations of extremely serious workplace misconduct, including alleged rape during the course of employment. His last such investigation during lockdown was conducted remotely.
He has been appointed to act as a Chair of Royal Mail’s National Appeal Panel.
Andrew has vast experience across the spectrum of discrimination law including, by way of example:
Andrew is particularly experienced in whistleblowing cases and has given numerous lectures on the topic. He regularly appears in lengthy and complicated whistleblowing cases as well as more straightforward, shorter ones. For example:
Andrew has appeared in many in unfair dismissal claims at both first instance and on appeal. For example:
Andrew has appeared in many TUPE cases for transferors, transferees, claimants and unions. For example:
Andrew was the co-editor, with Seamus Sweeney, of the Equal Pay chapter of Jordans Employment Law Service. Andrew has acted for both claimants and respondents in various class actions. Cases have included:
Breach of Contract Claims
Andrew has dealt with a variety of claims relating to individual contracts of employment and collective agreements in both the employment tribunal and county court. He recently acted for a firm of solicitors in claims brought against it by two former solicitors in the county court, where he is accustomed to appearing on employment related matters.
Andrew often advises on restrictive covenant and confidentiality issues and has appeared in the civil courts in claims for injunctive relief arising out of restrictive covenants, including for City businesses and executives. He recently advised/carried out drafting work in relation to a claim for injunctive relief to stop a strike and is also acting for the claimant company in an action against former employees who were competing both before and after their employment terminated.
Andrew was instructed in a multi-million pound pay dispute between a FTSE 100 employer and several unions which went to ACAS arbitration and ended in success for the Company.
He has represented many unions and employers in claims arising out of collective redundancy situations as well as collective consultation in a TUPE context. He has also acted for a firm of solicitors, though their administrators, in connection with claims brought by their former workforce arising out of mass redundancies.
He has advised on trade disputes and has appeared at the CAC to deal with a union recognition dispute.
Employee Status and Jurisdictional Issues
Andrew has acted for employers and employees in a multitude of cases raising issues of employment status, including acting for BUPA at the EAT in a claim brought by a dentist that had far reaching ramifications. He has advised employment businesses and agencies.
Andrew undertakes all areas of personal injury work, including clinical negligence, and represents claimants and defendants giving him an insight into the approach of both. His practice ranges from complicated high value multi-track matters to more straightforward fast-track claims. He has a particular interest in employer liability claims.
Andrew is often instructed in complex, high value claims and has experience of cases involving amputation, serious spinal injury, brachial plexus injuries, serious psychiatric injury, loss of taste and smell, lung damage and chronic pain. He has acted in many claims brought under the Fatal Accidents Act 1976.
Andrew has a vast amount of experience in all kinds of employer liability cases and finds the fact he also specialises in employment law to be of great assistance. Aside from having been involved in hundreds of the usual employer liability cases (workplace, work equipment, construction, manual handling, work at height etc.), he also has experience of more unusual claims such as psychiatric injury arising out of breach of the contract of employment in relation to disciplinary matters, stress at work and accidents on ships.
Examples of his work in this area include :
Public, Product and Occupiers’ Liability
Andrew regularly pleads and argues public liability cases for both claimants and defendants. Throughout his career he has dealt with cases under the Occupiers’ Liability Acts of 1957 and 1984, including successfully representing a claimant in a 3-day multi-track trial relying specifically on the latter. He has acted for large utility companies in unusual negligence/nuisance claims.
Andrew also regularly deals with claims against landlords involving the Defective Premises Act 1972 and the Landlord and Tenant Act 1985.
He has acted in a numerous claims brought under the Consumer Protection Act 1987, including where serious injuries were caused by undercooked food at a Michelin star restaurant operated by a famous celebrity chef.
Road Traffic Accidents
Andrew has dealt with a wide range of RTA matters, including fatal accidents, fraud and LVI, high value quantum, MIB claims and claims brought by secondary victims. He acted for a pedestrian who suffered serious de-gloving injuries to both legs when hit by a van, a motorcyclist’s dependents in Fatal Accidents Act 1976 claim with difficult liability issues and a van passenger who suffered vertebral factures following a high-speed collision.
Andrew has been involved in a number of sports related injury claims, including injuries sustained during the course of football, rugby and hockey matches.
Andrew has expertise in the fields of clinical negligence and healthcare. He has experience across a spectrum of case types and levels of severity, including deaths and serious complications following surgical procedures, including:
Andrew has experience of acting for defendants in civil fraud cases and a particular expertise acting in multi-track (and fast track) motor fraud / LVI claims.
He has been involved in a variety of such cases including alleged staged and induced accidents, phantom passengers and more straightforward LVI, including acting for a defendant insurer in a case where its driver failed to attend the trial but the claim was still dismissed on the basis of his (“robust”) cross-examination of the claimant.
He has much experience arguing “fundamental dishonesty” and associated costs issues, and recently secured a finding of fundamental dishonesty following a multi-track trial in a claim where it was alleged the claimant had lied about suffering injury following an accident involving a police officer.
Chambers & Partners 2021 (Band 1) Employment
"An established presence in employment litigation who commands considerable respect for his representation of claimants and respondents. His client base includes both public and private sector clients. He also offers vast expertise in claims such as victimisation, race and sex discrimination, and unfair dismissal.
"A pleasure to deal with. Extremely bright and technical on complex issues. A fantastic advocate, easy to get on with and brilliant with the witnesses. He is also extremely well prepared." "Fantastic with clients, great attention to detail and knowledgeable."
Legal 500 2021 (Tier 1) Employment
‘Andrew is really approachable and incredibly pragmatic in exploring solutions to problems; calm collected advice, always calm and always commercial.’
Legal Who's Who
Andrew is one of a limited number of employment specialists outside London to be recomended in this publication. He was noted to be "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 over 10 years, with the following reviews:
"Along with a number of Hempsons colleagues I have worked with Andrew Sugarman a great deal over the last five years and have never failed to be impressed by his:
it is also worth noting a welcome habit of winning his cases."
Janice Barber, Former Managing/Senior Partner at Hempsons Solicitors, London
"Andy is always one of our first choices for counsel on employment litigation, particularly complex claims. He is super bright, personable, and well liked by our clients and team alike. No hesitation in recommending him for employment law work."
Louise Bloomfield, Partner, DAC Beachcroft, Leeds
"My team have worked with Andy for many years. He has all the attibutes I look for in a barrister, down to earth, practical and incredibly supportive of our clients and us. I would highly recommend him."
Rachael Heenan, Senior Partner, Capsticks Solicitors
Andrew edits the Unfair Dismissal Remedies chapter of Tolley’s Employment Law Service.
He previously co-wrote and edited, with Employment Judge Seamus Sweeney, the “Equal Pay” chapter of Jordans Employment Law Service.
He has written a number of articles for publications such as the Personal Injury Law Journal, Discrimination Law Association’s Briefings, Pulse (a magazine distributed to all registered GPs in the UK) 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, including "Employment Tribunal Procedure: Tips, Tactics and Pitfalls", "Whistleblowing", "Pension Loss Claims" and “Tactics and Remedies in Employment Tribunal Litigation” 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:
Personal Injury, Clinical Negligence and Insurance
Andrew has lectured and written articles on a variety of personal injury topics.
He co-wrote an in depth article on vicarious liabilty that was featured in the Personal Injury Law Journal and 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.
The topics of some of his lectures have included:
2001: Kalisher Scholarship, awarded to only one Bar School student nationally each year, covering the cost of Bar School fees
2000-2001: Sunley Scholarship, Whittaker Scholarship and Sir Thomas More Bursary, awarded by Lincoln’s Inn
1996-1999: Six different scholarships awarded by Trinity College, Cambridge (including for overall performance).
Chair of Royal Mail's National Appeal Panel
Trinity College, Cambridge 1996-1999 B.A. (Hons), M.A. (Cantab)
Tulane University, New Orleans 1999-2000, LL.M (with Distinction)
ELA, ELBA, ILS, PIBA, Justice, Advocate