Called 2009 
Email Gareth
Gareth practises in the fields of employment law, clinical negligence and personal injury.
Legal 500 idetifies him as 'clear and concise' with 'excellent communication, especially with clients'.
Recent examples of his employment practice include sucessfully pursuing a group action concerning post-termiantion clauses for a national employer, successful defence of an unfair dismissal claim by a teacher accused of striking a pupil and settlement on behalf of an employee dismissed for illicit drug consumption.
Recent examples of his clinical negligence practice includes settlements arising from failure to diagnose optic nerve damage in a 100 year-old client, mis-diagnosis of an ectopic pregnancy and failures to provide adequate nursing care.
Gareth is a visiting Lecturer at BPP University and an Accredited Investigator.
Gareth has pratised in Toronto, Canada as a member of the Law Society of Ontario and is able to assist in matters touching on that jurisdiction.
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Gareth acts for both employers and employees in all aspects of employment work, frequently appearing in the ET and EAT. Particular clients include NHS Trusts, public authorities including School Boards and practising solicitors.
He also provides an advisory service, recent examples include drafting settlement agreements, advising as to occupational pension schemes and rights under public sector final salary schemes as well as offering investigatory services as an accredited investigator.
Unfair and wrongful dismissal
- Automatic unfair dismissal claims under TULCRA, including recent claims regarding health and safety during Covid 19;
- 5 day CVP hearing concerning unfair procedures for redundancy and allegations of bad faith
- constructive dismissal complaints arising out of alleged breaches of the implied duty of mutual trust and confidence
- 7 day unfair and wrongful dismissal claims; multiple Claimants; allegations of Union-related reasons for dismissal;
- Wrongful dismissal action against the State; obtaining disclosure and costs orders
Discrimination
- Indirect age and sex discrimination; 4-day hearing; complex arguments on termination of employment post Geys
- Negotiated settlement following allegations of sexual harassment, resulting in termination of accused perpetrator.
- Successful defence of direct race discrimination and harassment by nurse against NHS;
- Settlement of disability discrimination claim on behalf of employee who consumed illicit drugs during work;
Jurisdiction
- PH regarding power of Tribunal to determine breach of contract claims;
- Acting successfully for employee to ‘set aside’ settlement agreement entered into on her behalf
Whistleblowing
- Defence of whistleblowing claims brought by nurse at care home;
- Acting for claimant in claim involving care home staff subject to BBC panorama investigation and reports of abuse;
TUPE
- Acting for Respondent/transferee successfully in multi-party action alleging group dismissal post TUPE
Pensions
- Advising ex-public employee/Union regarding pension rights post transfer to private sector
Restrictive Covenants
- Successful pursuit of multi-million pound action against ex-employees for national transport employer
Strong experience with a variety of clinical negligence claims.
Acting for both Claimants and Defendants (in particular hospital trusts), Gareth has advised and acted in claims concerning substandard care, misdiagnoses, surgical errors and consent.
Recent examples include:
Misdiagnosis/Failed diagnosis
- Successful settlement for misdiagnosis of IPJ injury, causing loss of earnings claim
- +£50k settlement for failure to monitor glaucoma
- Acting for Claimant who suffered undiagnosed SAH, causing lifelong neurological damage and consequent needs for improved accommodation and care
- Acting for family of deceased, following missed pulmonary thromboembolism
Mistreatment
- Acting for claimant in negligent administration of iron infusion
- Successful settlement following
- Acting in negligent observation of ectopic pregnancy, leading to infertility
- Successful settlement following negligent treatment of ear trauma, causing lifetime care
Gareth has acted in all areas of personal injury and fatal accidents, including multi-party actions, fraud, products liability and catastrophic injuries.
He has particular experience arguing costs and case management hearings.
Gareth has appeared before coroners on numerous occasions.
Legal 500 (2021) Employment - Band 3
‘Clear and concise. Excellent communication especially with clients explaining the economics vs litigation risk.’
Gareth is a visiting Lecturer at BPP University
LLB, LLM
PIBA, ELA, ILS, ELBA
14—01—2020
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