Claire is a busy, well established senior junior whose education law practice focuses on disability discrimination in an educational setting. Claire regularly advises and acts in cases involving admissions, exclusions and professional disciplinary matters and routinely appears in the First Tier Tribunal (Special Educational Needs and Disability).
Claire is happy to accept instructions on behalf of local authorities, governing bodies of schools, colleges and universities and individuals. She is described as extremely helpful, approachable and responsive and ‘A first-rate counsel’ by Legal 500.
Claire's experience relates predominantly to advising and representing Claimants and Defendants in respect of road traffic accidents (including where allegations of fraud are made) as well as claims arising out of public and occupiers' liability. Claire has particular expertise at dealing with complex medical evidence and cases involving serious injury.
Claire represents both claimants and respondents in all aspects of employment law and has particular expertise in employment issues arising out of healthcare and education. Claire acts for local authorities, NHS Trusts, large commercial employers as well as various trade unions and their members.
She is able to accept instructions on a Direct Access basis.
Claire’s clients include Amazon UK Services Limited, Ineos Nitriles (UK) Limited, North Yorkshire County Council, Cumbria County Council, Durham County Council, Durham Police, Cleveland Police, North Yorshire Police, North Yourkshire Fire & Rescue Authority, NHS Blood and Transplant, Nestle, Gateshead Health NHS Foundation Trust, Newcastle University, Norhtumbria University, Northumberland County Council, Hull City Council, Nissan UK, City Hospitals Sunderland NHS Foundation Trust and Tees, Esk & Wear Valleys NHS Foundation Trust.
Claire has been involved in presenting several mock employment tribunals which she believes provide an excellent learning tool for all those who may be involved in the tribunal process. She is happy to present in house or online talks and training.
Recently concluded cases:
- Claire represented a large mental health trust in a complex 7 day hearing of race and sex discirimination and wrongful and unfair dismissal - judgment awaited (July 2021)
- Successfully represented Newcastle University in a complex 11 day hearing dealing with over 60 allegations of of race discrimination, harassment and victimisation (April 2021)
- Obtained the maximum award for a high earning Claimant who brought claims of unfair dismissal after a gross misconduct dismissal was found to be unfair (March 2021)
- Successfully defended allegations of race discrimination and harassment brought against a national secutiry firm. The hearing lasted 5 days (January 2021)
- Judicial mediation representing a national law firm involving complex issues of compensation where the Claimant had died following dismissal. C's estate claimed the value of C's death in service benefits and other losses (January 2021)
- Preliminary hearing on the issue of disability. C claimed to be disabled becasue of the effects of dyslexia. Claire acted for the Respondent. The ET found that C was not disabled which meant that the majority of C's claims were dismissed. (October 2020)
- EAT - Econ Egineering Limited & Others  UKEAT/285/19 Claire acted for the successful appellant. The EAT held that a profitability bonus should not be included in a holiday pay calculation under Reg 13A of the Working Time Regulations 1998 for a worker with normal working hours, as it was not payable simply for working those hours but was conditional on company performance.
- Deposit order obtained for university client in repsect of 7 allegations of discrimination; 2 allegations also struck out (December 2019)
- EAT - Aslam v Tees, Esk & Wear Valleys NHS Foundation Trust EAT 0039/2019- Claire successfully appealed a finding of harassment related to race. The EAT substituting the ET's decision and overturned the finding of harassment (November 2019)
- Advised a Fire & Resuce Authority leading to successful settlement of a complex complaint of sex discrimination (December 2019)
- Iwuchukwu v City Hosptials Sunderland NHS Foundation Trust - Represented the Respondent in a high value complex multi day remedy hearing following remission of the matter to the ET by the Court of Appeal in a claim pleaded at 1.2 million pounds. Claire successfully argued that losses flowing from the acts of discrimination ought not lead to a loss a of earnings claim leaving the Claimant limited to claim loss of earnings for Unfair Dismissal only. In that regard Claire achieved an 80% Polkey reduction to the Compensatory Award and 25% reduction to the Basic Award (October 2019) Final quantum hearing will be heard in November 2020.
- Judicial Mediation - achieved settlement for a high earning claimant following claim of unfair dismissal and age discrimination (September 2019)
- Advised a large local authority, achieving settlement at a Judicial Mediation. Complex complaints of disability discrimination including personal injury pleaded at over £300,000 (July 2019)
- Advised a local authority prior to 5 day hearing regarding a claim of unfair dismissal arising out of covert surveillance of an employee suspected of working whilst claiming sick pay. Article 8 HRA '98 also considered (May 2019)
- 4 day hearing representing national holiday company in respect of complaints of constructive unfair dismissal, auto unfair dismissal for making protected disclosures and detriment claims. (April 2019)
- EAT - Glendinning v Tesco Stores UKEAT/0222/18/DA (22 March 2019) Acting for the Claimant, Claire successfully appealed the ET's refusal to extend time for an out of time complaint of disability discrimination. The EAT substituted and allowed C's complaint to proceed.
- Represented a respondent child care business in an unusual claim of post-termination vicitimisation (February 2019)
- Advised a multi national manufacturing employer regarding a claim of constructive unfair dismissal and disability discrimination (November 2018).
- 12 day ET (October/November 2018) successfully represented Northumberland County Council in respect of complex claims by two employees alleging sham redundancy, age and disability discrimination. Serious whistleblowing complaints implicating corruption at senior executive level. All claims were dismissed. C's request for permission to appeal to the EAT was refused.
- Aslam v Tess, Esk & Wear Valleys NHS Foundaiton Trust -8 day ET (August 2018) successfully represented a large north east mental health trust and one other regarding over 25 allegations of race and disability discrimination, harassment and victimisation. C claimed over £650,000. Whether C was disabled and whether claims presented in time also in issue. Judgment for the C on one allegation of race discrimination (where C was awarded £1,500) was succesfully appealed by Claire to the EAT in November 2019 - see above.