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 information claim in the High Court.
- Acting for a statutory body in 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.