Benjamin has a comprehensive employment practice, appearing for both employers and employees at all stages and in all venues (including the EAT). He has extensive experience across the full spectrum of employment law, and has gained significant experience of TUPE cases in all their forms.
His practice includes the crossover between employment, commercial and insolvency law, with experience including High Court employment claims, overlapping fraud cases, and the interaction between TUPE and insolvency. He has experience dealing with claims regarding Restrictive Covenants and misuse of confidential information.
Benjamin is the General Editor of the Employment Tribunal Remedies Handbook.
Recent cases include:
- Tirkey v Chandhok: the UK’s first case dealing with allegations of caste discrimination;
- Khan v HGS Global Ltd and anor  UKEAT/0176/15: appearing as sole counsel in the EAT on the law of mutually agreed termination;
- Awojobi v London Borough of Lewisham  UKEAT/0243/16: dealing with the scope of the obligation to consider redeployment in capability cases. Submissions described as “excellent” by HHJ David Richardson;
- Successfully defending a firm of accountants against a complex claim involving employee status, wages and constructive unfair dismissal;
- Construction of contracts of employment concerning Forex traders’ bonuses;
- Successfully defending a complex whistleblowing claim involving Crossrail;
- Acting for a transferee in a series of consolidated claims involving TUPE, equal pay, pregnancy discrimination and other claims, running over a number of years;
- Disability discrimination claims involving detailed expert and other medical evidence;
- An overlapping sexual harassment and fraud claim;
- Unlawful detriment/dismissal for health and safety activities.
Benjamin participates in both the ELIPS and ELAAS schemes, with experience of short-notice advocacy in both the Employment Tribunal and Employment Appeal Tribunal.