Craig is consistently ranked in Chambers & Partners Guide to the UK Bar as a leading Junior in employment law, and has been described in the following terms: “An up-and-coming junior, whose employment practice is going from strength to strength. He is a former solicitor and is praised for his commercial outlook and keen understanding of the pressures facing those that instruct him. His recent work includes high-profile discrimination claims in the Employment Tribunal and breach of contract and team move matters in the High Court.”
Craig has been instructed on numerous complex, multi-day discrimination and whistleblowing claims, and has a thorough knowledge of the different strands of discrimination law, and of whistleblowing, TUPE, employment status and unlawful deductions issues. He has appeared successfully as sole Counsel for both Respondents and Claimants where the other side has instructed a Silk. He has particular expertise in disability discrimination claims. Craig regularly acts in unfair dismissal claims, and has obtained a number of strike outs, deposit orders and costs awards at preliminary hearings.
Craig has extensive experience of litigation in the Employment Tribunal, Employment Appeals Tribunal, High Court and Court of Appeal. He is also regularly instructed to carry out sensitive investigations, grievances, disciplinary hearings and appeals (including by solicitors firms in respect of their partners). The nature and contents of such processes necessarily have to remain confidential.
Representative cases include:
- Various Claimants v X Plc (2019 – 2020) Instructed by a major FTSE 100 company in defending claims of wrongful dismissal in the High Court and unfair dismissal in the Employment Tribunal involving the dismissal of some of the most senior individuals in the business relating to serious accounting irregularities with a raft of interlinking claims being brought in the High Court by shareholders and criminal proceedings by the Serious Fraud Office.
- Z v B (2019 – 2020) Acting for a senior trader bringing whistleblowing claims (arising out of protected disclosures relating to bribes) during his employment. Craig has been involved from the start, advising on grievances and claims issued during the course of his employment. The Respondent has instructed a Silk. The case was due to be heard over 20 days commencing in July 2020. Having been bumped as a result of the COVID 19 pandemic, and subsequent claims issued, it is likely to be heard over 30 days in 2021.
- S v L LLP (2019 – 2020) Acted for the Claimant member of the LLP bringing race discrimination claims against the Firm relating to her expulsion. The Respondent instructed a Silk. The claim settled shortly before trial on favourable terms.
- O’S v M (2017 – 2019) Craig acted for the Respondent in this multi-day Employment Tribunal discrimination claim against a Silk. The Claimant withdrew his claim mid-trial just before Craig’s cross-examination started, and Craig was subsequently instructed in relation to a successful High Court application for injunctive relief against the employee to obtain the return of confidential information.
- Roberts v Wilsons Solicitors(2016 – 2018)  IRLR 586;  I.C.R. 1092. Acted for the Respondent firm of solicitors in relation to the significant issue of the extent to which an LLP member can claim post-termination losses through a whistleblowing claim when they have purported to accept a repudiatory breach of contract (which was ineffective as a matter of law). The Court of Appeal’s judgment (with important clarification as to the causation test for whistleblowing claims) is reported at  I.C.R. 1092 and  I.R.L.R. 1042.
- S v Large Financial Institution(2017) Acted (against a Silk) for the Claimant, a very senior banker, in his claim alleging breach of FCA obligations. Craig acted throughout (drafting the pleadings, advising and appearing at a hearing on various interlocutory matters, working on the witness statement and assisting with the negotiation of settlement). The claim settled for a seven figure sum just before the first day of the 10-day hearing.
- B & D v B(2017) – Acted for the successful inter-dealer broker respondent resisting a claim (said to be worth considerably more than £1million) by two former employees who alleged that they had been automatically unfairly dismissed for blowing the whistle.
- D v P(2017) – Acting for the Claimant (a former director of the Respondent) in a high value disability discrimination claim. The claim is currently part-heard, with evidence due to finish at the end of December 2017, and submissions completed in January 2018.
- F v Large Insurance Company(2016): Acted (against a Silk) for the Claimant in respect of a 15-day whistleblowing and victimisation claim involving allegations of breach of FCA obligations. Craig acted throughout (drafting the pleadings, and advising on various interlocutory matters). The claim settled on the morning of the first day of trial.
- D v Large Insurance Company(2015): Acted (against a Silk) for the Claimant in a 15-day sex and pregnancy discrimination claim. The claim settled on day 10, after some of the Respondent’s witnesses had admitted under Craig’s cross-examination that their actions had been sexist.
- Gaughan v Ashridge Trust(2015): Acted (against a Silk) for the successful Respondent (a higher education institution) in a multi-day sex and age discrimination claim. Following Craig’s cross-examination, the Claimant was found by the Tribunal not to have been telling the truth in many respects.
- Menzies Distribution Limited v Mendes UKEAT 0497 13 (2014): Acted for the successful Appellant in an unusual bias appeal where the EAT overturned the ET Judge’s findings (on disability) because of apparent bias. Lewis J described Craig’s “persuasive submissions”in his judgment.
- BGC v Moore UKEAT 0211/14 (2014): Acted for the successful Appellant in an appeal against a Tribunal’s decision where the Tribunal was – unusually – found to have failed to identify the relevant principles of law, and impermissibly to have substituted its own opinion for that of the employer.
- Masson v Commissioner for the Metropolis(2013- 2014): Acted (against a new Silk) for the Claimant in a 10-day race and dis- ability discrimination and whistleblowing claim against the Metropolitan police. The case involved cross-examination of a number of senior police officers and arguments about the correct approach to the doctrine of judicial immunity.
- J v S(2012 – 2013): Acted for the (successful) Respondent in this multi-day disability discrimination PHR, focussing on the correct approach to the meaning of disability within the meaning of the Equality Act 2010, cross-examination of a vulnerable witness and submissions as to the weight to be given to expert and other medical evidence.
- R v Readers Offers(2011 – 2012): Acted for the successful Claimant in a 10 day indirect sex discrimination, victimisation and constructive unfair dismissal claim. Craig cross-examined 11 witnesses whose evidence was found (inter alia) to be “evasive”, “unhelpful” and “contrived”.
- H v News International (2011-2013) Multi-day disability discrimination remedies hearing (led by Clive Freedman QC) where the Claimant claimed close to £1 million, and there were complex issues of causation (with three expert witnesses) and potential double-recover, including settling an appeal to the EAT in relation to the issue of apportionment of losses.
- O v O (2011) Five day race discrimination, unfair dismissal and unlawful deductions claim, settled on confidential terms on day three because, in the Claimant’s words, Craig had “destroyed”his case in cross-examination.
- Southampton CC v Burnett(EAT, 2012): Acted for the Respondent. HHJ Peter Clark described Craig’s skeleton argument and submissions as “excellent”, and praised his forensic skills as an advocate.
- Lewis v Jubilee Managing Agency Limited(2011) Acted (as a solicitor) for the employer in its successful defence of an eight day sex discrimination claim which attracted press coverage in 2011 because of allegations by the Claimant in relation to the Tory party.
- Switalski v F&C Asset Management (2008 – 2010) Acted (as a solicitor) for the employer in the Review before the Employment Tribunal, in the EAT (UKEAT/0423/08) and in preparation for the Court of Appeal in relation to the Claimant’s claim for £19 million as a result of alleged sex and disability discrimination.
- Burlo v Langley and Carter: Acted (as a solicitor) for the employers in their successful appeals to the EAT ( ICR 850) and the Court of Appeal ( ICR 390) in relation to the correct approach to assessing awards for wrongful and unfair dismissal.
Craig frequently gives talks and training on, and has written a number of published articles about, all aspects of employment law.