Nick has 20 years of experience as an employment tribunal advocate. He is Head of Department and has a nationwide practice in the fields of employment, discrimination law and regulatory/ internal disciplinary matters.
He has extensive experience in the public sector and has acted for a vast range of Local Authorities and NHS trusts and Government departments.
Nick’s other clients have included airlines, clearing banks, petrochemical conglomerates, global car manufacturers, international telecoms providers, Premiership and non Premiership football clubs in addition to SME’s.
Nick’s particular fields of interest include discrimination and constructive dismissal claims.
He has appeared in a number of important EAT cases involving inter alia constructive dismissal.
He has been asked to give expert advice to the BBC and Broadsheet press upon a range of issues for example the threatened PFA footballers strike. He has had articles published in the ELA Bulletin and given training and evening seminars for the ELA on subject as diverse as compensation for unfair dismissal, advocacy in the employment tribunal, insolvency and TUPE.
Notable cases:
- Tolson v Governors of Mixenden School [2003] IRLR 843 (defining the correct contract test in particular whether the employees conduct was relevant to the test).
- JV Strong v Hamill [2001] LTL 20/01/01 (bullying and cumulative breach),
- M&L Sheet Metals Ltd v S Willis [2010] LTL 06/04/10 (bullying on the grounds of sexual orientation.).
- Whitehouse v North Bristol NHS Trust UKEAT/0133/06 Nick secured a land mark victory in the EAT on behalf of the Junior Doctors Committee of the BMA. On a complex construction point the EAT accepted the Appellants case as to the correct interpretation of Registrars pay protection scheme. This case has nationwide implications for a significant proportion of NHS trusts.
Qualifications:
Undergraduate Degree
LLB Hons 1988
Professional Memberships:
- Employment Lawyers Association,
- Western Circuit
- ELBA
- ILS
Directory Comments:
He has been marked in category 1 as a ‘Leading Junior’ in Chambers and Partners Directory since 2000. He has received a similar standing in ‘Legal 500’ and appears in the publication ‘Legal Experts’.
The above publications have included the following testimonials and comments:
“Nick Smith takes a ‘very straightforward approach and provides clear and cogent analysis of a case along with practical recommendations’ - UK Legal 500, 2011
“Nicholas Smith is highly rated in the field and impresses market commentators with his "sensitive client manner and pragmatic advice." He is renowned for his expertise in discrimination cases. - Chambers and Partners 2010
"Nick Smith is very good at getting to the important aspects." - UK Legal 500 2010
"Nicholas Smith is a highly regarded discrimination expert. He is much in demand due to the fact that he 'has a tenacious spirit' and fosters excellent relationships with clients" - Chambers and Partners 2009
"Nicholas Smith has a national following" - UK Legal 500 2009
"Nicholas Smith 'establishes client empathy' and has a large following nationally." - UK Legal 500 2008
"Nicholas Smith is very well supported nationally and 'inspires confidence'." - UK Legal 500 2007
" Nicholas Smith a 'terrific cross-examiner' and discrimination expert who 'always strikes the right note with clients and commands market respect for being 'bullish when required.' Boasting a particular forte in sexual harrassment, he has been instructed by two major high street clearing banks, and has been involved in a number of tribunals in higher education." - Chambers and Partners 2009
"Knowing employment law inside out, Nicholas Smith has amassed such extensive tribunal experience that few can claim to have more." - Chambers and Partners 2008
‘Nicholas Smith was praised for his ability to “build up a good rapport with the client.” “He is always well prepared,” “we are confident in handing him work.” - Chambers and Partners. 2006
Nick is married with children and when time affords, is a keen sailor, rugby fan and mountain biker.
