Matthew Rudd
Call: 1994
Matthew Rudd
Head of Employment Law Team
ELA
FLBA
Chambers and Partners
Legal 500
Contact
T: 01274 722 560 or 0113 246 2600
Matthew is Head of the Employment Team with over 27 years experience. He undertakes work in the Employment Tribunal, Employment Appeal Tribunal and Higher Courts. He is also a member of the Family Team undertaking Financial Remedy and TOLATA and Inheritance Act work. Further, Matthew has expertise in sports law and civil claims relating to his Employment and Financial Remedy Practice.
Reputation
Matthew regularly presents at Employment and Family Seminars and undertakes private FDRs.
Matthew is ranked in Chambers and Partners and the Legal 500 for his Employment practice:
"Matthew Rudd is head of the chambers' employment law practice. He is well versed in a range of complex unfair dismissal and discrimination claims" (Chambers and Partners, 2023)"A tenacious advocate with a calming influence. Practical, thorough and exceptionally dedicated" (Legal 500, 2023)
"Effective and enormously experienced, he has impressed me. He can really analyse the important merits of a claim." "An experienced employment barrister, he is thorough and pragmatic as well as being a good advocate." "He cuts through legal issues and explains everything with such ease." (Chambers and Parners, 2022) 'An exceptionally dedicated barrister. He cuts through complex legal issues with ease. Experienced and unflappable.”(Legal 500, 2022)
Expertise
Employment
As Head of the Employment Law Team, Matthew undertakes work for both employees and employers and has extensive experience in Unfair Dismissal, Discrimination, TUPE and Restrictive Covenants. He regularly handles multi-day cases with large bundles.
Family Law
Matthew has considerable experience in Financial Remedy high value asset cases and cases involving family businesses. He regularly undertakes TOLATA work and Inheritance Act Claims.
Civil and Sports Law
Matthew undertakes Civil and Sports Law work connected to his Employment and Family practice.
Notable Cases
F v H: Successful Claim for unfair dismissal and discrimination and successfully defended the appeal to the EAT;
C v SDCC Arguments over whether conditions amounted to a disability with a large number of witnesses and whether dismissal due to disability or SOSR;
F v JCT Claim involving unfair dismissal and disability discrimination. Respondents awarded £10,000 costs despite Claimant claiming to be impecunious;
B v SN Advising the Claimant in ongoing ET proceedings involving claims for harassment, victimisation and sexual orientation discrimination over a number of years;
I v A Represented the Claimant in a complex claim for breach of contract and unlawful deductions from wages with a counterclaim by the Respondent. Successful in all aspects of the claim;
U v L & C Complex case involving a TUPE transfer acting for the transferee who was jointly and severally liable for obligations of the transferor under regulations 13 and 14 of TUPE. Multi handed case involving test Claimants for 25 representative Claimants.
Clerks
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
Harry Wiltshire
Call: 2015
Harry Wiltshire
Bath University, BA Hons Business Administration
GDL and BPTC, BPP Leeds
Middle Temple, Harmsworth Scholar
Legal Aid Supplier Number 02GCI
Contact
T: 01274 722 560 or 0113 246 2600
Harry is experienced in representing both Claimants and Respondents in the employment tribunal, he regularly appears in cases dealing with unfair dismissal, wrongful dismissal, unlawful deductions, discrimination, whistle blowing and employment status.
Harry accepts instructions in private law children matters. He regularly deals with contested final hearings and multi day finding of fact hearings, including issues such as domestic violence and relocation.
Harry is developing a growing matrimonial finance practice, he is regularly instructed to undertake Financial Dispute Resolution Appointments and Final Hearings.
Harry is registered with the Bar Council to undertake direct access work.
Harry is a member of Broadway House Chambers Business, Property and Probate Team. Prior to Pupillage Harry ran his own business, he has a strong understanding of the pressures involved in the management of a SME and is comfortable dealing with commercial disputes.
Prior to pupillage Harry competed as a professional athlete. Harry is Deputy Head of Sports, Media and Entertainment Team. He has gained experience of contractual disputes and disciplinary proceedings in the sporting arena. He has also been involved in the representation of athletes in anti-doping and disciplinary proceedings before governing bodies, Sports Resolution UK and the Court of Arbitration for Sport.
Reputation
Expertise
Employment
Harry regularly represents both Claimants and Respondents in the Employment Tribunal. He accepts instructions to advise, undertake drafting and attend hearings. Harry deals with a wide range of issues, including: employment status, unfair dismissal, discrimination (including disability and sex), whistleblowing detriment and holiday pay.
Sport
Prior to pupillage Harry spent 15 years competing as a professional athlete regularly representing Great Britain at international level. Harry’s experience as an athlete gives him a huge advantage when approaching sport cases and makes him a very appealing choice for lay clients in the sports arena.
Harry has experience of sports contract disputes and disciplinary proceedings. He has been involved in the representation of athletes in anti-doping and disciplinary proceedings before governing bodies, Sports Resolution UK and the Court of Arbitration for Sport. Harry is on the panel of regional Rugby Football Union prosecutors.
Harry works closely with Adam Willoughby, Head of the Sports Law Team. Harry has assisted him in dealing with contractual matters on behalf of Rugby Football League Teams and the preparation of anti-doping cases on behalf of athletes who have returned adverse analytical findings.
Harry’s Sports Law practice is complimented by his special interest in employment and contractual law.
Family Law
Harry practices in private children law and financial remedy.
Notable Cases
Mr AY Ali v Salix Homes and Michael Page International Recruitment Limited Case No. 2404266/2018
Successfully represented a recruitment agency over a four day hearing securing a finding that they could not have dismissed an agency worker on the grounds of a protected disclosure, when they had no knowledge of the disclosure at the time of dismissal. The case also raised a breach of contract, direct discrimination and worker/ employee status.
Mrs C Tantrum -v- Ashville College and others 180078/2018
Successfully argued at a three day hearing that the Claimant was an employee rather than a self employed sports teacher working at a private school. The finding meant that the matter settled following a judicial mediation. The case raised issues of protected disclosures, an unfair dismissal, holiday pay and unlawful deduction from wages
Smith -v- Bradford District Care NHS
Representing the Claimant at a three day hearing dealing with claims of indirect discrimination on the grounds of disability, as well as harassment and failure to make reasonable adjustments.
Mr J Bassey -v- HMRC
Junior Counsel representing the respondent at a three week tribunal dealing with 88 allegations of harassment and racial discrimination.
Ms KJ Badon -v- The Secretary of Health & Social Care
Junior Counsel representing the Respondent at a two week hearing, where the Claimant alleged she was subjected to a detriment to deter, punish or prevent trade union activity.
Mr A Poznaski -v- Exceed Logistics Limited 2600570/2018
Represented the Claimant who asserted that he had been unfairly dismissed following an allegation of fuel theft. Secured a finding for the Claimant in relation to an unlawful deduction from wages.
Daniel Alden -v- Skinnergate Cycles Stockton Limited 2501655/2018
Successfully represented the Respondent securing the dismissal of the claim as out of time and through failure to comply with Court Orders. Disability also considered.
Clerks