Andrew Webster

Called 2005

Andrew is incredibly efficient. He brings an unruffled and measured advocacy style which is very effective, and is clearly highly regarded by the judiciary.

Legal 500 (2024) Employment (Tier 3)

About

Andrew successfully completed pupillage under the supervision of Philip Kramer and Seamus Sweeney. Andrew was appointed Treasury Counsel in November 2015.

Areas of Expertise

Accolades

In addition to regularly appearing in Court on behalf of both Claimants and Defendants, Andrew has a significant paperwork practice.

Specialist Practice Areas

• Road Traffic Accidents

• Occupiers’ Liability

• Employers’ Liability

• Fast Track Trials

• Infant/Patient Settlement

• Defendant Credit Hire

Andrew is a member of the Chambers’ credit hire team. He is strong on statutory unenforceability arguments, in particular under the Cancellation of Contracts made in the Consumer’s Home or Place of Work Regulations.

Over the last few years Andrew has appeared regularly in the First-tier Tribunal (Special Educational Needs and Disability), principally on behalf of local authorities and schools but he also welcomes instructions from other institutions and parents/young people.

Andrew’s recent cases have included:

  • Appeals against all aspects of EHCP content (particularly in relation to need, provision and placement but also national trial cases etc)
  • Appeals against refusals to conduct EHCP assessments
  • Disability discrimination involving allegations of less favourable treatment and failure to make reasonable adjustments
  • Pupil exclusion/misconduct
  • Multiple settings (including the full range of mainstream and special settings in both the state and independent sector and across all age groups)

Andrew also undertakes Upper Tribunal work and judicial reviews (such as in relation to allegations that local authorities have failed to secure the provision contained in an EHCP or that a governing body of a school has refused to admit a child despite being name in an EHCP).

Andrew is described in Chambers & Partners as ‘a formidable advocate, very down to earth, practical and very good with cross-examination’.

Andrew is a member of the Chambers’ credit hire team. He is strong on statutory unenforceability arguments, in particular under the Cancellation of Contracts made in the Consumer’s Home or Place of Work Regulations.

Andrew became a tenant in 2007.

He undertakes a broad range of chancery and commercial work, complementing his busy employment practice.

In addition to advocacy, Andrew is happy to act in an advisory capacity in respect of both contentious and non contentious matters.

As well as receiving conventional instructions via legal professionals, Andrew accepts instructions on a direct/public access basis.

Andrew’s practice includes the following:

  • Breach of contract claims
  • Construction disputes
  • Companies Act
  • Debt recovery
  • Insolvency
  • Sale of goods/hire purchase
  • Consumer Credit Act
  • Property litigation
  • Employment contracts
Recent Cases include:
  • 4 day multi track claim successfully pursued in relation to a joint venture agreement
  • 5 day multi track construction dispute involving developers- ongoing
  • Numerous successful debt cases in respect of monies outstanding under various contracts

Andrew’s practice covers all aspects of employment law in the ET, EAT and the civil courts. He acts for both respondents and claimants. In addition to advocacy, Andrew has a significant advisory practice; he is happy to discuss possible cases (and/or issues generally) pre-litigation. His regular clients include both public sector (such as NHS trust, local authorities, police forces, fire services, probation services etc) and private sector organisations (ranging from charities to SMEs to multi nationals) .

As well as undertaking employment work across England and Wales, Andrew has appeared in the ET in Scotland on many occasions (including in Glasgow, Edinburgh, Aberdeen, Dundee and Dumfries).

In addition to conventional instructions via solicitors, Andrew accepts instructions on a direct/public access basis.

Andrew is happy to provide talks/training on employment law. Recent topics have included Tips on Dismissals, Scottish ET, Appeals Against Redundancies and Protected Conversations.

Examples of Andrew’s work areas include:

Discrimination claims– Andrew has considerable experience of dealing with claims involving allegations of discrimination (all types).

Cases in the last few months have included:

  • Race- 10 day case involving multiple allegations of institutional racism in a directorate
  • Disability discrimination- several multi day cases including a 12 day reasonable adjustments case which went to the EAT
  • Sex discrimination- 3 day case involving indirect sex discrimination claim by part time workers

Whistleblowing/public interest disclose– Andrew deals with multiple such claims each year and is adept at navigating the complex statutory provisions and case law in this area.

Cases in the last few months have included:

  • Case listed for 10 days involving allegations by a deputy chief executive of detriment due to making public interest disclosures (settled)
  • 7 day case involving allegations of detriment and dismissal due to making public interest disclosures

Unfair dismissal– Andrew encounters misconduct/capability/redundancy cases all the time.

Cases in the last few months have included:

  • 4 day case involving a nurse being dismissed as a result of being under the influence of alcohol when on call
  • 6 day case involving a doctor dismissed for sexual harassment

TUPE– Andrew regularly undertakes all types of claims arising from under the TUPE regulations.

Cases in the last few months have included:

  • 5 day case regarding an ETO dismissal
  • 5 day PH to determine whether there was an SPC

Breach of contract– Andrew advises and represents clients in relation to contractual claims.

Executive termination/settlement agreements– Andrew advises companies and individuals on exit packages.

Costs in the ET– Andrew has made a number of successful costs applications in the ET, including against a doctor which went to the EAT.

Andrew has previously been instructed to conduct public and private sector investigations involving allegations ranging from discrimination to fraud. Bringing a wealth of experience from his employment law work over many years, Andrew appreciates the importance to clients of getting workplace disciplinary, grievance and other investigations right.

Chambers and Partners (2024) - Employment (Band 2) - "Andrew has an excellent eye for detail. He has strong advocacy skills and will have fully researched relevant case law precedent to give the best possible chance of succeeding with a contested claim." "Andrew is knowledgeable in areas of discrimination."

Legal 500 (2024) Employment (Tier 3) "Andrew is incredibly efficient. He brings an unruffled and measured advocacy style which is very effective, and is clearly highly regarded by the judiciary."

Chambers and Partners (2023) - Employment (Band 3) - "Andrew Webster has an impressive practice on circuit but also attracts instructions from clients across the country. He is primarily called upon to act for respondents in the public sector including local authorities, NHS trusts and other government bodies. He offers expertise advising on a range of employment matters, such as those relating to discrimination, unfair dismissal and statutory annual leave."

Legal 500 (2023) - Employment (Tier 3) - "A skilled orator who never fails to impress clients."

Chambers and Partners (2022) - Employment (Band 3) - "His attention to detail, both in conference when preparing the case and in cross-examination, is extraordinary."

Legal 500 (2022) - Employment (Tier 3) -"A very responsive barrister with forensic attention to detail. "

Chambers and Partners (2021) Employment (Band 3) - "He is a very intelligent barrister who has strong knowledge of employment law."

Legal 500 (2021) Employment - "Andrew is a strong advocate, intelligent and good at getting to grips with difficult cases, approachable and good with clients. Forensic attention to detail, robust but pragmatic and able to offer creative solutions.’

Chambers and Partners (2020) - Employment (Band 3) - "Andrew is a formidable advocate with forensic attention to detail and is creative with legal arguments." "He is very down to earth, practical and able to cut through documentation and distil the key problems very quickly and he is very good with cross-examination."

Legal 500 (2018/2019) - "Recommended for a wide spectrum of employment cases."

Legal 500 (2017) - "A strong, thorough and personable advocate."

Legal 500 (2016) - "A very well prepared, thoughtful and considered advocate."

Legal 500 (2015) - "Provides a thorough assessment of the merits and likely strategy of the opponent's case "

Legal 500 (2014) - "Recommended for his broad employment practice."

Legal 500 (2013) - "Andrew is recommended."

Legal 500 (2012) - "Andrew is ‘always very well prepared, and a first-rate advocate."

Legal 500 2011 - "Andrew knows employment inside out’, and ‘has clearly gained the respect of the tribunal."

Client Recommendations

1. "I was impressed by Andrew's presentation of the facts and the manner in which he portrayed such, to my mind I think given the subject matter and I think the judge's disposition to the claimant his assertive yet humanistic approach in the end paid dividends. ...he worked diligently during each break in proceedings preparing for the next, and clearly had a very good grasp of the issues at hand. I would be confident to use his services again."

2. "Counsel did an excellent job. He was extremely thorough in his preparation and questioning; his summation was excellent, and he (respectfully) drew the judge’s attention to relevant case law."

3. Your knowledge of the subject matter, including a detailed knowledge of the chronology, further adding to your reassured delivery and general management of the tribunal was very, very impressive. Your contribution to achieving a positive outcome is notable and much appreciated!

Attorney General's Junior Counsel to the Crown (Regional Panel) 2015-2021

LLB (Hons), University of Durham, 2003 LLM (International Commercial Law), Newcastle University, 2006 Bar Vocational Course, Northumbria University, 2005 Middle Temple Sachs Prize

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