Gareth Price

Called 2009

Gareth takes a very pragmatic approach to cases. He is personable and down to earth with clients.

Legal 500 2022 (Employment)

About

Gareth specialises in employment and clinical negligence.

Legal 500 identifies him as ‘clear and concise’ with ‘excellent communication, especially with clients’.

Recent examples of his employment practice include successfully pursuing a group action concerning post-termination 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. Gareth has represented both employees and employers in all types of discrimination claims, and has particular experience acting for NHS Trusts and medical institutions.

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 failure to diagnose appendicitis in a child, leading to lifelong fertility complications. Gareth acts predominantly for Claimants, but has also drafted Defences, acted in interlocutory hearings and advised in conference for NHS Trusts and private medical institutions.

Gareth has acted in the Employment Tribunal, EAT, County Court and High Court.

Gareth is a visiting Lecturer at BPP University and an Accredited Investigator.

Gareth has practised in Toronto, Canada as a member of the Law Society of Ontario and is able to assist in matters touching on that jurisdiction.

Areas of Expertise

Accolades

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 2022 Employment - Band 3 ‘ "Gareth takes a very pragmatic approach to cases. He is personable and down to earth with clients."

Legal 500 (2021) Employment - Band 3Clear and concise. Excellent communication especially with clients explaining the economics vs litigation risk.

PIBA, ELA, ILS, ELBA

Employment 

  • Whistleblowing claim; 5 days; acting for Respondent; health and safety disclosures against background of a hostile work environment;
  • Disability discrimination; acting for Respondent Local Authority; teacher dismissed on ill-health grounds; issues of privilege going to communication with Union;
  • Unfair dismissal; acting for Claimant; dismissal for conduct arising out of use of medicinal cannabis;
  • 7 day unfair and wrongful dismissal claims; multiple Claimants; allegations of Union-related reasons for dismissal;
  • 5 day disability discrimination acting for a Hospital Trust; involving NMC investigation and systemic review of nursing practices; restricted reporting order issues;
  • 5 day sex harassment claim; acting for Respondent; historic allegations with jurisdictional arguments;
  • EAT; Employee classification appeal, post-Van Winkelhof;
  • High Court applications for reinstatement of companies and cross-border enforcement;
  • Indirect age and sex discrimination; 4-day hearing; complex arguments on termination of employment post-Geys.
  • Defence of breach of restraint of trade/post-employment terms in multi-million pound action brought by ex-employer;
  • Wrongful dismissal action against the State; obtaining disclosure and costs orders;
  • Negotiated settlement following allegations of sexual harassment, resulting in termination of accused perpetrator.

 

Clinical Negligence

  • Settlement for 10-year old following failure to diagnose appendicitis, leading to lifelong fertility issues
  • Negotiating settlement on behalf of child following aspiration of food and failure to diagnose. Left lung collapse and infection, leading to invasive surgery.
  • Acting for Claimant following negligent division of tendons in hand, resulting in permanent symptoms and adverse effect on day-to-day activities. Settlement reached following service of Particulars of Claim.
  • Acting for GP practice following alleged negligent failure to diagnose fractures in the foot and consequential need for podiatry input. Involved in drafting Defences, Part 18 requests and agendas for expert discussions.
  • Advising on settlement for patient whose breast cancer was missed, leading to delayed surgical intervention, metastasis and consequential psychological injury. The Claimant worked for Defendant Trust and resigned, raising employment issues following her resignation. Settlement had to factor in the Claimant’s lost NHS pension due to her resignation.
  • Advising in pre-action, without prejudice discussions with a GP practice following over prescription of opiates.
  • Acting for Claimant in million-pound claim for failure to diagnose infection in knee, leading to complications and the need for below-knee amputation. Drafting Particulars of Claim and Schedule of Loss.
  • Settlement of claim arising from misdiagnosis of an ectopic pregnancy, leading to trauma within the uterus and fallopian tubes, with consequential harm to future risks of fertility.

Gareth is a visiting Lecturer at BPP University

LLB, LLM

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