Benjamin Gray

Benjamin acts in both high court and statutory employment cases, for both employers and employees. His practice extends to crossover areas including commercial and fraud cases. His practice covers the full spectrum of employment law.

His discrimination law practice includes not just employment tribunal work, but claims against service providers, educational institutions and other organisations.

Benjamin’s practice extends beyond litigation into advisory and investigation work. He was one of the legal advisers to the Board of Deputies’ Commission on Inclusivity in the Jewish Community, and is used to advising on ongoing internal investigations and proceedings.

Benjamin is the General Editor of the Employment Tribunal Remedies Handbook and a contributor to Bloomsbury Publishing’s Termination of Employment series. He is a regular participant in the ELAAS scheme.

Recent work includes:

• Rackham v Judicial Appointments Commission – acting for the JAC in a claim alleging indirect discrimination and a failure to make reasonable adjustments by an applicant for judicial office with autism. The case involved considerable use of an intermediary.
• Acting for the British Army in a case alleging racial bias in the promotion process for Non-Commissioned Officers. This detailed analysis and submission on the way the Army’s promotion processes work. The case also involved whether as a matter of law a witness giving evidence from the Sovereign Base Areas in Cyprus needed diplomatic permission to do so.
• Cole v Elders Voice[2021] ICR 601: Whether a COT3 agreement can be set aside on the basis of misrepresentation, and exceptions to Without Prejudice privilege. Griffiths J said ‘His appearance has been in the finest traditions of the Bar, and has been of incalculable assistance in ensuring that the appeal is disposed of correctly and fairly.’
• X v Y plc– an insider dealing case involving parallel FCA investigation and employment tribunal litigation. Benjamin advised on the interplay between the two proceedings, and successfully defended claims for wrongful and unfair dismissal brought by a manager dismissed for insider dealing.
• X v Foreign, Commonwealth and Development Office– acting for the FCDO in a claim brought against it by a serving diplomat.
• Y v a Broadcaster– a claim by a journalist against a broadcaster alleging that she was subjected to harassment and unlawfully dismissed due to her protected beliefs about politics in the Middle East.
• Tirkey v Chandhok – the UK’s first case dealing with allegations of caste discrimination.
• Awojobi v LB Lewisham[2017] UKEAT/2043/16 – an appeal considering the scope of the obligation to consider redeployment in redundancy
• Acting for two employees in a team move/misuse of confidential informationclaim in the High Court.
• Acting for a statutory bodyin a claim brought against it by a senior executive
• Hopkins v Department of Work and Pensions– [get clearance] Acting for the DWP in a claim for failure to make reasonable adjustments.
• B v A Public Authority – acting for an employer in a claim for unfair dismissal involving serious sexual offences.

Benjamin’s sports and law practice covers all areas of sports disputes, including conduct, contractual and safeguarding issues. He acts for clubs, players, coaches and executives in disputes ranging from Sports Resolutions procedures through Tribunal litigation, disciplinary and appeals processes. He has particular experience of matters involving safeguarding and crossover issues.

Relevant work includes:

• Acting for coaches accused of misconduct and safeguarding failures;
• Acting for an executive in a dispute against a well-known club;
• Acting for the Disclosure and Barring Service in safeguarding appeals;
• Acting for a club in a contractual dispute with a player.

Benjamin has significant experience of safeguarding issues within both his employment practice and acting for the Disclosure and Barring Service. He is regularly instructed in appeals against inclusion on the Children and Adults’ Barred Lists, dealing with allegations ranging from inappropriate care, employee misconduct or criminality, to serious and complex allegations of rape and sexual assault.

Benjamin’s employment practice deals with a significant number of healthcare cases, and he has acted both for and against NHS Trusts. His cases have included:

• Disputes over doctors’ hours;
• Contractual disputes over banding, pay and allowances;
• Working time and wage disputes over shift patterns;
• Whistleblowing claims; and
• Allegations of negligence against healthcare professionals, including allegations involving service user death.

Benjamin has experience of internal investigations and proceedings, including providing legal advice and assistance to ongoing investigations, internal appeal panels. He is experienced in dealing with parallel criminal and regulatory investigations, and how to minimise the risk of internal and external proceedings conflicting with each other.

Benjamin’s experience includes both employment commercial and pure commercial litigation, including claims for fraud, unjust enrichment, insolvency, fiduciary duties,  and employee competition.

Recent cases include:

• Acting for two employees in a misuse of confidential information claim brought against them in the High Court by their former employers.
• Defending a prominent plc against claims brought by an ex-employee who was dismissed for insider dealing, including advice on a parallel FCA investigation.
• Injunctive proceedings, including proprietary injunctions.
• Bonus, commission and remuneration claims.
• Acting as a Tribunal Secretary in a high-value commodities arbitration.

Benjamin is a Member of the Chartered Institute of Arbitrators.

Benjamin is an experienced insolvency barrister with a particular focus on fraud and asset tracing. He acts for debtors, creditors and office holders in both personal and corporate insolvencies and across the range of insolvency procedures, including administrations, liquidations and bankruptcies. He is familiar with enforcement proceedings, both in the insolvency and enforcement contexts.

Relevant experience includes:

• Simmonds v Pearce [2017] EWHC 35 (QB) the leading case on the correct procedure to use to commit a bankrupt to prison for contempt of court for breaches of the Insolvency Act 1986.  The case also deals with the cross-admissibility of statements made under compulsion in Public Examinations in subsequent proceedings.  Benjamin acted unled for the Trustee in Bankruptcy and obtained an order for committal to prison of the bankrupt for 12 months for an “extremely serious” case of persistent failures to comply with, and attempts to frustrate, the Trustee’s inquiries. Benjamin was also involved in the underlying bankruptcy proceedings, including identifying and setting aside a chain of transactions defrauding creditors.
• Obtaining Proprietary Injunctions in the Chancery Division unled to restrain disposal of disputed assets.
• Appearing on behalf of HMRC in the winding up list.
• Validation orders, administrations, and enforcement proceedings.

Benjamin has significant experience of arbitration. He is a full member of the Chartered Institute of Arbitrators.  He has acted as Tribunal Secretary in a high-value commodities dispute.