Leeds 0113 228 5000
Newcastle 0191 221 2121
Called 2001 Email Andrew
Andrew has been consistently highly rated by the leading guides to the legal profession.
Chambers and Partners identifies him as one of the top three 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.
"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."Chambers & Partners 2018
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 acts for both employers and employees in all aspects of employment work, regularly appearing in the ET and EAT. He receives instructions from firms of solicitors around the country and acts for large commercial employers, NHS Trusts and local authorities as well as trade unions and their members.
He has acted for various members of the judiciary, including Employment Judges, in relation to their own claims of part-time worker/age discrimination against the Ministry of Justice. He was also asked to represent 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 their chambers on internal staffing issues.
A number of his regular solicitor clients have chosen to instruct him when claims have been made against their own firms. Other clients have included the Rugby Football League, the Crown Prosecution Service, IBM, the Priory Hospital at Roehampton, the Royal Academy of Dramatic Arts, the Crown Princess of Greece, AMEC, Notts County Football Club, Capita, Network Rail, NHS Improvement and BUPA Dental Services.
Outside of the litigation context and in addition to regular advisory and drafting work, Andrew has carried out independent investigations into allegations of extremely serious workplace misconduct, including alleged rape during the course of employment.
He is able to accept instructions on a Direct Access basis.
Andrew has vast experience across the spectrum of discrimination law including, by way of example:
• successfully acting for members of the judiciary at the EAT in part of the judicial pensions part-time worker discrimination litigation;
• successfully acting for NHS Improvement in a case involving allegations of victimisation made against the two most senior nurses in the country;
• successfully acting for an NHS Trust in a multi-day race discrimination claim brought by a Consultant Neurologist represented by a QC in both the ET and EAT;
• successfully acting for a senior manager at an NHS Trust in a 20 day race discrimination claim leading to an award of compensation in excess of £1m;
• successfully acting for the NHS Trust Development Authority in a multi-party victimisation claim in the ET and, led by David Reade QC, in the EAT;
• representing the successful claimant in a complex 2-week disability discrimination claim, leading to an award of over £300,000.
Andrew has appeared in many in unfair dismissal claims at both first instance and on appeal and regularly accepts instructions to act in both complex and more straightforward claims. He is currently responsible for the Unfair Dismissal Remedies chapter of Tolley's Employment Law Service. For example:
• acting for the successful employer on appeal to the EAT against an order for re-engagement;
• representing a successful claimant who secured compensation at the statutory cap following a week long trial;
• successfully defending a claim for ordinary and automatically unfair dismissal following a 7-day case;
• acting for the successful employers in a number of multi-day constructive dismissal complaints arising out of alleged breaches of the implied duty of mutual trust and confidence, as well as other duties.
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:
• successfully representing a firm of solicitors in a claim made following protected disclosures concerning alleged wrongdoing in relation to the firm’s claiming of costs;
• successfully acting for a fire service in a complicated whistleblowing claim brought by a fire fighter who relied upon in excess of 100 protected disclosures;
• representing a successful NHS Trust in a week-long whistleblowing claim brought by one of its A&E Consultants.
Andrew has appeared in many TUPE cases for transferors, transferees, claimants and unions. Recent experience has included, for example:
• acting for the governing body of rugby league in a claim brought by the former staff of a former Super League club that had been put into administration;
• acting for a group of claimants at a 2-week Preliminary Hearing to determine whether there was a TUPE transfer and, if so, to which of 6 respondents, a case which made its way to the EAT on the definition of a “service provision change”;
• acting for a putative transferor in a week long “service provision change” trial raising novel points of law;
• advising the managing director of media company on a variety of transfer and insolvency related issues;
• acting for one of a number of alleged transferees in a claim arising out of the contracting out of care services.
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:
• acting for the successful respondent to a like work/work of equal value claim brought by senior nurses in relation to the provision of out of hours psychiatric care;
• acting for 2 claimants at a 7 day equal value hearing in their claims against a large private sector employer in the manufacturing sector;
• acting for a respondent in a large class action involving equal pay and TUPE issues.
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 in 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.
Andrew has represented many unions and employers in claims arising out of collective redundancy situations as well as collective consultation in a TUPE context. He is currently acting 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 insurance related work but has particular expertise acting for defendants 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 defendants insurers in a case where the insured 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 of arguing "fundamental dishonesty" and associated costs issues.
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, including fatal accident claims, to 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 unusal 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 :
appearing on behalf of the successful claimant teaching assistant at first instance and on appeal in the High Court in a claim for injury at work caused by a pupil;
Andrew regularly pleads and argues public liability cases for both claimants and defendants. He has much experience of dealing 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.
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 fractures 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.
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 is one of only a few employment specialists outside of London to appear. 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, 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
Clinical Negligence and Healthcare
Andrew has recently taken over responsibilty for writing the Unfair Dismissal Remedies chapter of Tolley’s Employment Law Service.
He previously co-wrote, with Head of Team Seamus Sweeney, the “Equal Pay” chapter of Jordans Employment Law Service.
He has written a number of articles 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, including “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:
Andrew has lectured and written articles on a variety of personal injury topics.
He 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:
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).
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, Bar Pro Bono Unit, Justice