Parklane Plowden Chambers Logo
Parklane Plowden Chambers Logo

Our Barristers Back to full list

Andrew
Accolades
Chambers and PartnersLegal 500
Contact Us

Leeds 0113 228 5000
Newcastle 0191 221 2121
clerks@parklaneplowden.co.uk

Andrew Sugarman

Called 2001

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
Areas of Expertise
Clinical Negligence
Right Arrow

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:

  • acting for a claimant in relation to allegedly negligent treatment of neovascular glaucoma and proliferative retinopathy, leading to blindness;
  • acting for several claimants in claims of allegedly negligent obstetric care leading to still-births;
  • acting in a claim arising out of a series of allegedly negligent urological surgical procedures leading to on-going urological and psychiatric complications;
  • acting for a claimant in a case arising out of the unnecessary removal of the claimant’s ovaries and fallopian tubes;
  • a product liability case where defective replacement lenses inserted during cataract surgery caused permanent loss of vision to the claimant several years later;
  • a case where a death followed a failed anastomosis due to problems with the stapling;
  • a claim for negligent treatment following a DVT leading to a pulmonary embolism;
  • a case where a diagnosis of lung cancer was missed;
  • inadequate post surgical care following breast augmentation surgery;
  • numerous claims involving negligent dental treatment.
Employment
Right Arrow

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.

 

Discrimination

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.

 

Unfair Dismissal

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.

 

Whistleblowing

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.

 

TUPE

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.

 

Equal Pay

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.

 

Restrictive Covenants

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.

 

Collective Issues

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.

Insurance
Right Arrow

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.

Personal Injury & Fatal Accidents
Right Arrow

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.

 

Serious Injury

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. 

 

Employer Liability

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 :

  • acting for a claimant in a high value claim under the Workplace Regulations which was listed for a 10 day trial on liability only in the High Court, before settling;
  • 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;

  • acting in a multi-track claim arising out of the Manual Handling Operations Regulations in relation to the handling of a prisoner by a prison officer.

 

Public, Product and Occupiers’ Liability

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.  

 

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 fractures following a high speed collision.

 

Sports injuries

Andrew has been involved in a number of sports related injury claims, including injuries sustained during the course of football, rugby and hockey matches.

Recommendations
Right Arrow

Chambers & Partners 2019 (Band 1)

"A very measured and well-prepared advocate. He is very resourceful and gets good results." "His work ethic, attention to detail and robustness are extraordinary."

Legal 500 2018/2019

"A fiercely bright and commercially astute advocate."

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."

 

Past Editions

Andrew has been rated by Chambers and Partners and the Legal 500 for over 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."

 

Solicitor Comments

"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:

  • legal ability – and (as important) instincts;
  • sheer hard work when required – particularly when the instructions are accompanied by six files of material all of which has to be read, assimilated and woven into a submission or cross examination;
  • skills with clients – it always helps when they like as well as trust their advocate;
  • persistence in the face of ill tempered and sometimes rude Employment Judges;
  • ability to work as a member of the team

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

 

 

Notable Cases
Right Arrow

Employment

  • 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: [2016] 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):  [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, [2015] 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, [2011] EqLR 545 (liability) and [2012] 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).

 

Personal Injury

  • 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.
Articles & Publications
Right Arrow

 

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.

 

 

Lectures
Right Arrow
Employment

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:

  • 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 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
Scholarships/Awards
Right Arrow

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).

Personal Details
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

Our Latest
Awards &
Accreditations

View All Awards 

ISO 9001LegalRanked Chambers
Connect
TwitterLinkedIn