Paul Smith

Junior B

22 Jan

Written By Nick Calton, Toucan Creative

Call: 2008

Paul Smith

B.A. (Hons) History & Politics, University of York (2005)

LL.M. Law, University of Leeds (2007)

Inaugural Gray’s Inn ICSL Scholarship Award Winner (2007)

Junior Counsel to the Crown (2015 to date)

Equality and Human Rights Commission panel member (2019-2023)

Employment Lawyers Association

Employment Law Bar Association

Gray’s Inn

Paul Smith is an employment law specialist who acts and advises in complex litigation in Employment Tribunals, the EAT, the High Court and the Court of Appeal. He has particular experience in discrimination, whistleblowing, TUPE and equal pay claims, as well as those relating to the termination of employment.

He has been described by the Legal 500 UK as a Tier 1 barrister, “an exceptional court advocate, who is highly personable and also provides carefully considered, commercial advice” (2023) and as having “an encyclopaedic knowledge of employment law. He is intellectually powerful and explains things in a very clear and concise way to clients” (2022).

Paul is also recommended in Chambers & Partners UK Bar, with clients commenting that he is the “ultimate professional” (2025), "an excellent barrister: forensic, knowledgeable and practical in the factors he considers. He has that dogged determination and the tenacity to the best result for the client. Clear, concise and tenacious in his approach, his excellent breadth of knowledge is a real asset when dealing with unusual and complex matters" (2022).

Paul Smith is accredited under the Bar Public Access Scheme and may, in appropriate circumstances, accept instructions directly from members of the public in employment matters.

Notable Cases

CJ v PC [2024] EAT 182 (October 2024). Paul Smith successfully represented the employer in resisting an appeal concerning victimisation, ill-health retirement (IHR) benefits, the quantification of loss in such cases, and the duty of retired persons to mitigate loss. The successful resistance included a defence based on new points being raised by an Appellant in the EAT which were not raised below.

Dr S v Priory Group Ltd, High Court (August 2024) Paul acted unled against a KC, representing the employer in an injunction application brought by a doctor in respect of her suspension and an investigation into her conduct.

Ashworth & others v Department for Work and Pensions (2024, ongoing). Paul Smith is currently representing the DWP in a national, multiple claim brought by past employees in respect of holiday pay.

al-Taweel v Stichting Female Journalists Network [2023] EAT 159 (November 2023). Paul Smith represented SFJN in an appeal relating to the employment status of a journalist engaged by the Network but who also traded through her own limited company. The appeal also concerned the correct approach to cases of a “temporary cessation of work” for continuity of service purposes.

Sposito & ors v BCA Automotive & another, Bristol ET (October 2023). Paul Smith successfully represented the Second Respondent in defending a complex TUPE case involving HGV drivers, an alleged service provision change (SPC) and the determination of whether there was an “organised grouping of employees” dedicated to the client.

J v K & L [2022] EAT 131 (June 2022). Paul successfully represented the employer parties in resisting an appeal brought against a costs order made by the Employment Tribunal. The grounds of appeal were exposed as being misconceived in their entirety and a further costs order was made against the Appellant by the EAT.

Bayo v Ministry of Defence [2022] EAT 17 (August 2021). Paul represented the employer in an appeal brought in respect of an Employment Tribunal’s reconsideration of its earlier judgment striking out a claim, and the application of the Ladd v Marshall “new evidence” test.

Paul Smith advised a large care home operator in relation to a Covid-19 vaccination policy and defending claims brought against it as a result of action taken under the policy (2021 to 2023). Hussain v Home Office, Leeds ET (2021). 8-day unfair dismissal claim brought by an employee who had been the subject of an anti-corruption investigation but an unsuccessful criminal prosecution. Paul Smith represented the Home Secretary.

Duxbury v University of Huddersfield, Leeds ET (April 2021). 11-day unfair dismissal and indirect age discrimination challenge to the employer’s compulsory PhD policy and the dismissal that resulted from the application of the policy. Paul Smith represented the University.

Butt & others v Reading Borough Council [2020] EWCA Civ 1642, Court of Appeal (October 2020). Paul Smith acted as junior counsel, led by Daphne Romney QC, in an appeal concerning the interpretation of claim forms in order to ascertain whether a claim could be said to exist.

Ehsan v Markazi Jamait ahl-e-Hadith, EAT (September 2020). Paul Smith successfully appealed a first instance decision in a wages claim which concerned the definition of “deduction” and whether that included payments said to have been made to the employer. Paul Smith represented the mosque.

GT v RV, London Central ET (2019-20). Paul Smith represented the Claimant in claims of unfair dismissal, victimisation, failure to make reasonable adjustments and disability-related harassment, in an 8-day trial. The claims were subject to r.94 restrictions and proceeded under the Employment Tribunals (National Security) Rules of Procedure.

Birmingham City Council v Adams & others [2019] ICR 531, EAT. Part of the Birmingham equal pay litigation, this appeal concerned the interpretation of r.1(4) of the 2004 Employment Tribunal rules as to what must be included in a claim form for it to have been validly presented, and whether a failure to comply is jurisdictional. Paul Smith represented the employees.

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