Kieran has a broad practice across the full spectrum of employment law, with a particular interest in discrimination (including equal pay), whistleblowing, and matters with an international dimension. He is regularly instructed to appear at all stages of proceedings (including drafting pleadings) in both the Employment Tribunal and in the civil courts in employment-related matters, as well as advising on strategy prior to cases reaching litigation or while litigation is ongoing. Kieran is particularly sought after in multi-day discrimination and whistleblowing matters, and cases giving rise to complex preliminary issues. He also regularly appears at judicial mediations and is the author of a practice note with LexisPSL on judicial mediation in the Employment Tribunal.
Listed below are a selection of recent matters in which Kieran has been instructed (including links to written reasons where these were given by the Tribunal):
- Quraishi v. Waterstones Booksellers Limited – successfully defended claims of race and religious discrimination dating back five years and a claim of victimisation relating to the Claimant’s dismissal.
- Instructed by a hospitality-sector client in a claim of gender reassignment discrimination and victimisation in a dispute concerning gendered uniforms.
- Myers v. Hilton UK Hotels Ltd – acting for the Respondent in claims of unfair dismissal and disability discrimination related to a redundancy exercise during the COVID-19 pandemic.
- Acting for the Claimant, a former senior executive in the finance sector, in a claim for unfair dismissal and age discrimination surrounding a redundancy process.
- Lu v. KPMG UK Ltd – Representing a Big Four professional services firm in claim by a graduate trainee for unfair dismissal, disability discrimination, and race discrimination.
- Acting for an NGO operating in Lebanon in a claim brought by a Syrian refugee making allegations of race discrimination and philosophical belief discrimination.
- Turner v. East Barnet School – Acting for a school in relation to a claim for indirect religious discrimination relating to paid time off for religious holidays.
- Acting for a care sector client in proceedings brought by a former CQC registered manager for automatic unfair dismissal, whistleblowing detriment, race discrimination, and victimisation.
Kieran’s recent experience of dealing with preliminary issues and applications includes:
- Saiyid v. Oxford University Press – representing Oxford University Press at a preliminary hearing concerning territorial jurisdiction in a claim brought by the former head of its operations in Pakistan.
- Appearing for the Claimant (a teacher) in an application for interim relief in the Employment Tribunal in a claim for automatically unfair dismissal for making protected disclosures.
- Kaur v. Welcome Break Holdings Limited – successfully having a claim for sex discrimination and harassment struck out as having no reasonable prospect of success.
- Acting for the end-user client in a claim brought by an agency worker at a preliminary hearing concerning employment status.
- Patel v. EPAM Systems (Switzerland) GmbH – acting for the Respondent at a preliminary hearing concerned with territorial jurisdiction, international jurisdiction, and limitation issues.
- Rezaian v. The Economist Newspaper Limited – successfully having claims of whistleblowing detriment and age discrimination struck out as having no reasonable prospect of success.
As well as appearing as trial counsel, Kieran also undertakes appellate work. Kieran’s recent appellate experience includes:
- Marangakis v. Iceland Foods Limited [2022] EAT 161 – acted for the successful employer in a case concerning “vanishing dismissals” following a successful internal appeal. The EAT accepted that the Claimant had pursued her internal appeal to its conclusion, such that – when the appeal was allowed – her employment was reinstated, the dismissal vanished, and she could no longer pursue an unfair dismissal claim.
- Lycatel Services Limited v. Schneider [2023] EAT 81 – represented the Claimant (led by Daniel Tatton Brown KC) in an appeal against the Employment Tribunal’s refusal to stay the Claimant’s claim for a bonus of c. £8 million in favour of High Court proceedings for negative declaratory relief issued by the employer. The EAT concluded that the High Court was the more appropriate forum and Kieran remains instructed in those proceedings.
- Appearing for a claimant in an appeal in the County Court concerned with enforcement proceedings in relation to an Employment Tribunal award. The appeal concerned a point of statutory interpretation of the Employment Tribunals Act 1996.