Russell Bradley

• Defence of claims of unlawful discrimination brought by transsexual (settled)

• Successful defence of claims by apprentice following his dismissal of claims under every type of discrimination available under the disability legislation

• Successful defence of claim of victimisation (racial assault) against FTSE 100 trading company

• for (dismissed) sales manager claimants in claims of age discrimination; claims settled for a five figure sum

• Sheriff court action against landlord for injury to feelings arising out of allegations of racial abuse and harassment by landlord’s staff. Questions of causation and vicarious liability.

• Claims of maternity and pregnancy discrimination including allegations of a failure to comply with Regulation 10 of the

• Maternity and Parental Leave etc. Regulations 1999

• Claim of associative discrimination by reference to “Fragile X” syndrome and whether that is a disability

• Claim of age discrimination by minister of religion

• Successful defence of multiple claims including automatic unfair dismissal (TUPE) arguing that TUPE did not apply in a mixed share transfer/hive up

• Defence of claim for unpaid bonus against transferee, including the question of “substantial equivalence”; claim ultimately withdrawn by trade union

• “service provision” changes, including disputes on the nature of activities performed and whether employees and groups of employees were assigned to an organized grouping

• Whether claimants can maintain claims against only a transferee for a failure to consult

• A claim by a transferee against a transferor for a failure to provide relevant “employee liability information”

• The impact of TUPE on a claim for a death in service benefit brought by executors
  for transferor in a “failure to inform and consult” claim by trade union

• The impact of TUPE on the enforceability of a covenant post transfer

• The proper measure of loss in a claim for damages for breach of a covenant

• Whether it is appropriate to grant interim interdict where money loss can be accurately quantified

• Whether employer can reclaim settlement agreement sums as damages for alleged breach of covenants

• Successful defence of claim of automatic unfair dismissal in claim against two “employers”;  issues of joint and several liability focussing on relevance of McTigue v University Hospital Bristol NHS Foundation Trust [2016] I.C.R. 1155 and Day v Lewisham & Greenwich NHS Trust and another [2017] I.C.R. 917

• For claimant alleging unfair dismissal, the whistleblowing concerning financial irregularities in the preparation of material for statutory accounts.

• For claimant alleging unfair dismissal, victimisation and breach of contract, having blown the whistle on health and safety issues about products sold by the respondent.

• For respondent defending claim of whistleblowing unfair dismissal claim brought by senior executive and chartered accountant. Successful at interim relief hearing.

• For respondent owners of nursing care home in a claim of unfair dismissal brought by a registered nurse who had alleged ill-treatment of service users

Franco Pizza Limited t/a Domino’s Pizza v Gould and Fraser; EAT
Employment Tribunal failed to properly apply section 98(4) ERA 1996, case remitted for re-hearing.

Scottish Ambulance Service v John Laing; EAT
Unless Order; impact of non-compliance, conditional judgment.

Swanston New Golf Club Ltd v Gallagher; EAT
Compensatory awards; Contributory conduct; Polkey reductions;

City of Edinburgh Council v Kaur
Inner House; opposition to motion for leave to appeal race discrimination claim to the Supreme Court.