Paul Smith
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
Contact
T: 01274 722 560 or 0113 246 2600
Paul Smith is an employment law specialist who acts in complex Employment Tribunal litigation in England, Wales and Northern Ireland. He also has experience of acting in appeals to the EAT, as well as the High Court and the Court of Appeal in employment matters. In 2015 he was appointed Junior Counsel to the Crown in relation to employment cases by the Attorney General (on the regional B panel).
Paul is recommended as Tier 1 barrister for employment law in the 2022 edition of the Legal 500 UK, with the editors noting that “Paul has an encyclopaedic knowledge of employment law. He is intellectually powerful and explains things in a very clear and concise way to clients.” He has also been recommended in Chambers & Partners UK Bar 2022, with clients commenting that, "He's an excellent barrister: forensic, knowledgeable and practical in the factors he considers” and that “He has that dogged determination and the tenacity to get the best result for the client." Paul has appeared in the Legal 500 UK in every edition since he qualified, in 2011.
Paul Smith is accredited under the Bar Public Access Scheme and may accept instructions directly from members of the public in employment matters. Please contact the Clerking Team for further information about BPAS and how to instruct barristers in this way.
Reputation
Legal 500 UK Tier 1
“An exceptional court advocate, who is highly personable and also provides carefully considered, commercial advice” (2023)
“Paul has an encyclopaedic knowledge of employment law. He is intellectually powerful and explains things in a very clear and concise way to clients” (2022)
Paul Smith “has an excellent breadth of knowledge across the field of employment law” (2020)
Clients like his “approachability and dedication to cases” (2017)
He is “a committed and enthusiastic young barrister” (2015)
He “quickly grasps the key issues” (2014)
Chambers & Partners UK
"Paul Smith is an employment law expert with experience representing clients in tribunals across the country. He frequently works in cases relating to breach of contract, equal pay, unfair dismissal and whistle-blowing. He acts for both claimants and respondents" (2023).
"He's an excellent barrister: forensic, knowledgeable and practical in the factors he considers" (2022)
"He has that dogged determination and the tenacity to get the best result for the client" (2022)
"Clear, concise and tenacious in his approach, his excellent breadth of knowledge is a real asset when dealing with unusual and complex matters" (2022)
Expertise
Paul Smith is a popular choice for solicitors across the full range of employment matters and regularly appears against senior practitioners and QCs. His Employment Tribunal practice covers complex unfair dismissal and discrimination cases through to disputes concerning whistleblowing, part-time working, equal pay and TUPE. He is often instructed in hearings lasting in excess of two weeks.
Paul has experience of appellate work and has appeared for corporate, group and individual clients in both the Employment Appeal Tribunal and the Court of Appeal. He also advises and appears in the High Court in injunctive relief actions arising from restrictive covenants in contracts of employment, the misuse of confidential information by employees, and in respect of notice pay claims.
Notable Cases
Advising a large care home operator in relation to a compulsory Covid-19 vaccination policy and defending claims brought against it as a result of action taken under the policy (2021 to date)
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.
Stockdale v Cleveland Bridge UK Ltd, Middlesbrough ET (July 2021). 8-day unfair dismissal claim brought on the grounds of Trade Union activities, fulfilling the role of a Trade Union health and safety official, and whistleblowing. Paul Smith represented the Claimant.
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, 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.
Bassey v Revenue Commissioners & 11 others, Leeds ET (July 2019). Paul Smith represented the employer and 11 named individuals in a 15-day hearing, successfully defending the Respondents against the Claimant’s complaints of whistleblowing unfair dismissal and detriment, race, sex and sexual harassment, direct discrimination and disability-related claims. The case involved determination of 88 distinct jurisdictional and substantive issues.
A v B & others, lLondon Central ET (February 2019). 81 claims of sexual harassment, plus claims of direct sex discrimination, victimisation and wrongful dismissal. The parties were all solicitors and the case featured in the national media. Paul Smith represented the Claimant in the 15-day hearing, unled, against a senior QC.
Birmingham City Council v Adams & others [2019] ICR 531, EAT. Part of the ongoing 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.
Clerks
