Inner Temple
"Douglas Leach’s ‘technical ability shines through on complex cases’. " - UK Legal 500 (2011)
Qualifications:
LL.B (European Legal Studies), University of Southampton & Université de Nantes, France
LL.M (Labour Law), University College London
BVC (Very Competent), Inns of Court School of Law, London
Appointments:
Junior Counsel to the Crown (Regional Panel) (2010)
Areas of practice:
Employment, Discrimination, Trade union law and collective labour law, Professional disciplinary and Sports law
Professional Memberships:
- Industrial Law Society
- Employment Lawyers’ Association
- Employment Law Bar Association
- Editorial Board, ELA Briefing
- Association of Regulatory and Disciplinary Lawyers
Douglas joined chambers in February 2008 from chambers in London. He provides specialist advice and representation in all aspects of employment and collective labour law including unfair and wrongful dismissal, whistleblowing, contractual disputes, restrictive covenants and injunctive relief, industrial action, all forms of discrimination, equal pay, redundancy and reorganisation and matters relating to TUPE transfers. He also has an interest in the law relating to injuries sustained at work, and claims arising out of work-related stress.
Douglas has particular expertise and is frequently instructed in relation to TUPE issues, having written extensive parts of the IDS TUPE Handbook (recently updated) and having given lectures on the particular subject of TUPE & insolvency as part of Queen Square Chambers’ regular seminar programme. He also welcomes instructions with an international dimension.
Douglas’s practice is split evenly between claimants and respondents/defendants. He firmly believes in maintaining this balance, as it facilitates anticipation of opposing arguments, whichever side he is on. He is often instructed on behalf of Unions and their members, as well as by government departments (via the Treasury Solicitor), NHS Trusts, Local Authorities, PLCs, and a range of SMEs.
Prior to qualifying at the Bar, Douglas was Editor of Industrial Relations Law Bulletin (LexisNexis Butterworths IRS). Before joining chambers Douglas combined practice with a role as Senior Employment Law Writer/Editor for IDS Brief (IDS Thomson Sweet & Maxwell) and its related Handbooks and Supplements.
He remains a regular contributor to various publications, including XpertHR/IRS Employment Law Bulletin, Occupational Health Review and ELA Briefing.
Professional disciplinary and Sports law:
As a natural extension of his expertise and experience in employment law, Douglas is very well placed to handle internal disciplinary and/or professional misconduct matters in a variety of contexts. Of particular interest are professional disciplinary issues arising in the medical and sports fields.
Douglas is especially keen to develop his sports law practice, having already advised on an agent’s contractual entitlements under complex arrangements for the transfer of a Premiership footballer (further involving issues of private international law), and on the termination entitlements of a director of a Formula One racing team.
Cases:
While Douglas appears most frequently in employment tribunals and the EAT, he also has extensive County Court experience. The latter includes an important victory on behalf of a claimant (and successful resistance of an appeal in August 2011), involving the proper interpretation of NHS terms regarding overtime pay and their application during the Agenda for Change process.
He has experience of successfully conducting long-running cases (of up to three weeks in duration), and appears in all major court/tribunal centres nationwide.
From 2006-2008 Douglas was instructed as a junior in a High Court group action on behalf of over 220 claimants who were TUPE-transferred following alleged negligent misstatements, and in breach of various implied terms and collateral contracts, as to their pension entitlement post-transfer. A multi-million pound settlement was agreed.
He has further advised on other high value claims in the High Court in relation to contractual redundancy entitlements.
Reported cases:
- Chief Constable of Gloucestershire Constabulary v Peters 14.07.10, EAT/0322/10/ZT; [2010] All ER (D) 192 (Nov)
- No indefinite stay of tribunal proceedings pending outcome of potential criminal trial.
- Fulcrum Pharma (Europe) Ltd v Bonassera and anor 22.10.10, EAT/0198/10/DM; Harvey Bulletin 389 (Dec 2010)
- Assumption that occupant of redundant post must be dismissed is unfair.
- Capeling v Devonport Royal Dockyards Ltd 03.12.08, (2009) EOR 118
- Woman in male-dominated environment was victim of harassment.
- Hutchinson v St Vincent College EAT/0375/10/DM, [2011] All ER (D) 91 (Apr)
- Tribunal did not err in dismissing disability discrimination (reasonable adjustments) claim brought by college teacher disabled by MS and unable to continue teaching.
Publications:
- IDS Sex Discrimination Handbook (IDS Thomson Sweet & Maxwell, 2008).Contributed/edited chapters on discrimination in recruitment, discrimination in employment, and compensation.
- IDS TUPE Handbook (IDS Thomson Sweet & Maxwell, 2007). Contributed chapters on employment contracts, continuity of employment and cross-border transfers.
- "Territorial jurisdiction: the boundaries of the Lawson test" ELA Briefing, May 2008
- "Criminal records and recruitment: the legal issues" (2008) IDS Brief 852
- “Employee informants” (Parts 1 and 2) (2007) IDS Brief 837 and 838
- “Workplace stress and avenues in litigation” (2005) 767 IRLB 4 (reviewed by Robert Spicer, (2005) 118 Occupational Health Review 21)
- “Developments in recoverable damages for wrongful and unfair dismissal – the search for coherence” (2003) 725 IRLB 3
- Countless case reports and commentaries for IRLB (now XpertHR's Employment Law Bulletin), IDS Brief, Occupational Health Review and ELA Briefing.
