Education:
Allan has undertaken work for both Claimant and Respondent in all areas of employment law, with a particular interest in whistleblowing, discrimination, TUPE and restrictive covenants. Key clients have included NHS Trusts, Local Authorities, a major American law firm, the World's largest company for outsourced communications and a group action on behalf of 20 trade union members. He is frequently instructed in high value or high profile cases including an action against the Ministry of Defence.
Allan regularly appears before the Employment Appeal Tribunal, often being instructed after the Tribunal has given Judgment. Issues he has dealt with at this level include employee status, sham contracts, whistle-blowing provisions and perversity. he has recently appeared before the Court of Appeal with success. In a judgement of Underhill. J sitting in the Employment Appeal Tribunal Allan's arguments were described as "vigorous" and "effective" and in referring to his presentation stated "the exercise is a tribute not only to the quality of Mr. Roberts' notes but also to the industry and care with which he has prepared for this appeal."
Allan's technical grasp of employment law enables him to provide quality advice and drafting across a broad range. He also benefits from his detailed experience of contract law, a useful example being his successful application to strike out an unfair dismissal claim as the contract was void for illegality.
Instructions involving the following issues are particularly welcomed:
- Tribunal Procedure;
- Jurisdiction;
- Unfair and Wrongful Dismissal;
- Discrimination - including actions under the Equality Act 2010;
- Equal Pay;
- Whistleblowing and other claims of unlawful detriment;
- TUPE including issues of insolvency;
- Contractual disputes;
- Restrictive Covenants
Commercial:
Having come to Chambers after starting and selling his own company, Allan has a good understanding of the needs of businesses and a particular interest in contract law. He is happy to provide advice to the full range of contractual issues and regularly appears in the County and High Court.
Allan is frequently instructed in complex and high value cases which have included detailed building disputes, share agreements and an international distribution contract involving matters of jurisdiction and conflict of laws.
Instructions involving the following issues are particularly welcomed:
- Consumer Protection (sale of goods and supply of services);
- Commercial contract disputes;
- Sale agreements;
- Building and conveyancing disputes;
- Restraint of trade;
- International Jurisdiction
Notable Appellate Cases
- Larner v Launahurst Limited [2010] EWCA Civ 334, [2010] All ER (D) 282:- This case is authority for the proposition that a Tribunal will err if it finds a contract to be a sham without having put the parties on notice of its intention to consider the issue. It is supports the proposition that a contract will only be a sham if it did not represent what the parties had agreed.
- Rossiter v The Cavanna Group UKEAT/0060/09:- This involved a number of issues relating to the procedural fairness of a dismissal, including the extent to which an employer can rely upon an extant warning and the extent to which it must analyse the allegations it has made.
- Clarke v South Gloucestershire County Council UKEAT/0201/06:- This involved issues of perversity, adequacy of judicial reasoning and note-taking. The case is authority for the proposition and employment Tribunal is not confined to determining a case in accordance with the pleadings of either party.
- A v B:- This is a high profile case, though presented subject to a restrictive reporting order. The Respondent is a holding company providing security services to a very high profile group of international standing. The claim is of victimisation and unfair dismissal following the Claimant raising allegations of a serious sexual nature against one of the members of the high profile group.
- Lewis v Magmatic:- Mr Roberts represented Magmatic Limited who, following a successful series of programmes on BBC's Dragon's Den, became a high profile company. The company became known not only for its inventions (the Trunkie) but its innovative approach to creativity, including its playground style office (e.g. beanbags for chairs, slides for stairs) and unusual job titles (e.g. job whizzers and stuff doers). The case concerned an allegation of discrimination based on the company's intrinsic ageism. Mr Roberts successfully argued the innovative work method did not equate to ageism as it was about inspiring creativity not discrimination.
- C v GS:- This was a complex whistleblowing claim, wherein the disclosure concerned matters of unlawful imprisonment and the alleged detriments included bullying and harassment over an extended period and ultimately dismissal. The case was listed for a one month trial and involved several important professional witnesses. However, following detailed negotiations Mr Roberts successfully settled the claims for a six figure payment representing 80% of the Claimant's schedule of loss.
Memberships
Employment Law Association
Employment Bar Association
Industrial Law Society
