Bianca Balmelli

Bianca represents both claimants and respondents across the full spectrum of employment law. She is regularly instructed to appear at all stages of proceedings.

Bianca has also conducted a variety of employment related investigations for example relating to whistle blowing, discrimination and bullying.

Bianca’s employment law experience includes:

Representing clients in:

• Multi-day final hearings dealing with a variety of issues, including whistleblowing and disability.
• Preliminary hearings, including substantive preliminary hearings dealing with preliminary issues such as worker status, disability, and time limits.
• Judicial mediations.
• The Employment Appeal Tribunal.
• Drafting:
  • Pleadings in both ET and Civil Court matters.
  • Witness statements in a range of employment matters.
  • Opinions on specific issues, as well as overarching merits and quantum opinions.
  • Considering restrictive covenants and assessing whether they are enforceable.
• Conducting independent investigations.

Some of the cases she has appeared in are:

• Brown v Scobie Vending Services Ltd Case No: 2304212/2019 – Represented the respondent in a preliminary hearing to determine whether the claimant was disabled. The claimant was found not to be disabled within the meaning of the Equality Act 2010.
• Duque v JD Wetherspoon Plc Case No: 1402964/2022 – Obtained a deposit order against the claimant in a disability discrimination claim.
• Dobson v NHS Foundation Trust Case No: 2401798/2017– Appeared pro bono with Mohinderpal Sethi KC and Sophia Berry for a community nurse in an appeal to the EAT against the dismissal of her indirect sex discrimination and unfair dismissal The appeal succeeded and established that employment tribunals are required to have regard to the “childcare disparity” in indirect sex discrimination claims. Bianca continues to represent the Claimant following a remitted hearing to the ET.
• Guest v Ringway Infrastructure Services Ltd Case Number: 1308451/2019 – Successfully defended the respondent in a multi-day whistleblowing case.
• Ncube and others v St George’s, University of London Case No: 2302864/2020, 2307127/2020, 2307128/2020, 2307129/2020, 2307130/2020, 2307131/2020, 2307132/2020 & 2307133/2020– Led by Sam Neaman in a novel indirect discrimination claim brought by externally employed security guards pursuant to section 41 of the Equality Act 2021, the claim was successfully defended.
• Stringer-Smith v Marks and Spencer Plc Case No: 1300239/2020– Successfully defended the respondent in a multi-day disability discrimination (section 15, direct discrimination and failure to make reasonable adjustments) and unfair dismissal case.
• Tudose v Armour Home Electronics Limited Case No: 2302011/2023– Successfully had the claimant’s sexual orientation discrimination claim struck out and obtained a deposit order in respect of the sex discrimination claim.
• Wilson v Sky In Home Services Ltd Case No: 3328440/2017 – Successfully defended the respondent in a multi-day disability discrimination (section 15 and failure to make reasonable adjustments) and unfair dismissal case.
• Yonish v JetEngage Ltd Case Number: 3205332/2021 – Successfully defended the respondent in a matter where the claimant contended that he had been automatically unfairly dismissed because of an alleged relevant transfer under TUPE. The Tribunal ultimately found that there had been no relevant transfer and the reason for dismissal was redundancy

As an advocate in South Africa, Bianca’s practice principally involved commercial law, acting for both financial institutions and private individuals. Her work ranged from drafting pleadings and opinions to presenting arguments before Judges and arbitrators.

In the UK, Bianca has been involved in a range of commercial law matters, including:

• Appearing in:
  • Various County Court matters; including summary judgments and interlocutory proceedings.
  • Appearing in the winding-up lists and bankruptcy.
• Drafting:
  • Pleadings in various civil disputes; including, civil fraud and contractual disputes.
  • Opinions on a variety of subjects, for example:
    • On whether proceedings could be instituted against a director for damages as a result of the Company having been dissolved and struck off the Companies House
    • How to lawfully terminate a contract.
    • The merits of specific cases and prospects of success.
    • Advising clients on the best overall strategy for their matters.
    • On legal recourse available as a result of the client having been the victim of a phishing attack.

Some of the cases she has appeared in are:

• CS Medical Limited v Freddy Khalastchi and others Claim No: G60LV062– Successfully applied for retrospective permission for commencement of proceedings against the Third Respondent, pursuant to s 285(3)(b) of the Insolvency Act, 1986
• Gray v Trump Claim No. 090MC4444– Successfully obtained summary judgment for the claimant in a contractual dispute.
• Pople v PopleClaim No. J25YJ917– Represented the defendant in a claim which centred around whether there was in fact a contractual obligation.
• Regalpress Limited (t/a St James’s House) v Luxuty Book Company Limited Claim No. BL-2023-001059– Represented the claimant in a contractual dispute relating to the producing and selling of a specific book.
• Weir v Milner Claim No: H78YX392 – Represented the claimant in a contractual dispute which involved having to apply for permission for service out of the jurisdiction and service by an alternative method.

Bianca has a keen interest in sports law and has written a number of articles in this area and is a member of the British Shooting Ethics & Standards Committee.

Bianca has experience in:

• High Court breach of contract claim brought by a football agent against a premier league player.
• Considering internal appeal processes and enquiries of governing bodies of certain sports.
• Conducting independent investigations.
• Representing clients in disciplinary proceedings in anti-doping matters.
• Advising on whether a sporting association’s positive action campaigns were in-line with the Equality Act, 2010.

Some of the cases she has appeared in are:

• Represented former premier league footballer in dispute with a club before FIFA’s dispute resolution chamber and was able to secure a favourable outcome for him.
• Represented an Olympic athlete in an anti-doping case and was able to secure a favourable outcome for her.