Lydia Banerjee

Lydia undertakes work in all areas of employment law and is instructed by both Claimants and Respondents at all stages of proceedings.

Lydia is regularly instructed in complex multi-party and multi-day disputes which involve considerable case management over an extended period of time.  She is accustomed to supporting clients through the added challenges which such litigation involves.

Lydia has a particular interest in disability discrimination and has experience of supporting clients and witnesses with disabilities through adjustments to the tribunal process including by way of example witness statements in braille, lip speakers and adjustments to the timings of hearings to accommodate rest periods.  Lydia is the co-author of a book on disability discrimination published through the Law Society.

Lydia is also available to provide representation in mediations and internal disciplinary proceedings.

Lydia appears regularly in Tribunals around the country and in the EAT.

Recent cases include:

• An appeal in relation to the correct application of Polkey in the context of a career loss compensatory award;
• An appeal in relation to the correct approach to assessing pension compensation;
• Advice in relation to the TUPE implications of a merger;
• A claim against a finance house in relation to the employment status of junior limited liability partners, allegations of whistleblowing and issues regarding without prejudice documentation;
• Defending a claim including multiple allegations of race discrimination and constructive unfair dismissal;
• Advising employee representatives in relation to collective redundancy consultation;
• A ten-day hearing for a client with hearing and sight impairments using tribunal lip speakers. The claim concerned allegations of race and disability discrimination.

Lydia acts as sole counsel or junior counsel on injunctive applications, particularly in the field of post-termination restrictions.

Examples include:

• Obtaining a freezing injunction to prevent assets being removed from the jurisdiction;
• Resisting an application for injunctive relief from a former employer;
• Obtaining undertakings to the court to enforce post termination covenants;
• Advising on potential injunctive action to protect confidential information;
• Securing the return of confidential information and undertakings against its future use;
• Preparation of pleadings and other steps in preparation for speedy trial; and
• General advisory work in the post-termination context to prevent breach of covenants and abuse of confidential information.

Lydia is an active member of the Littleton Chambers Sports law group.  Her keen interest in sport stems from personal connections to the world of cricket and football.  The many hours sitting at various county grounds under grey skies or in the rain and snow at Villa Park have confirmed a lasting passion which she is keen to further through her legal practice.

Lydia is regularly instructed on sports law disputes with recent cases including:

• Representing Jess Varnish in her claim against British Cycling for sex discrimination, appeal ongoing;
• Part of an independent review panel which is presently confidential;
• Representing a former professional footballer in a CAS dispute with his former club;
• Appointed as a sole arbitrator on a Rule K arbitration;
• Independent reviews on behalf of Sports Resolutions exploring allegations of governance failures, tampering and mismanagement;
• High Court claim in relation to disputed agency fees;
• FA Arbitral proceedings in relation to disputed agency fees;
• A dispute between a player and sponsor regarding image rights; and
• FA disciplinary proceedings in relation to positive drug tests.

Lydia is a member of the LawInSport Editorial board, a panel member for Sports Resolution and author of the Equality review for the LawInSport yearbook.  She appears regularly at conferences speaking on subjects such as equality in sport, hyperandrogenism, safeguarding and agency issues.  Lydia is an independent member of the ethics panel for British shooting.

Lydia’s commercial practice covers all aspects of contractual disputes.  She is regularly instructed to advise in relation to the interpretation of contractual obligations, breach of directors’ duties, unlawful means conspiracy and economic torts. She regularly appears in the high court and county court on cases involving enforcement of judgments, breach of contract and disputed costs.

Examples of her work include:

• Acting for a corporate defendant in the trial of a team move complaint;
• An appeal addressing questions of service abroad and limitation restrictions;
• A dispute over the terms of an oral contract;
• Action to recover goods under a hire purchase agreement;
• Litigation between former partners over the terms of the partnership deed;
• An appeal successfully reinstating a claim; and
• Defending an application for advance disclosure.

Lydia has experience in the tax tribunal and as previously worked at Deloitte.  She is available for work across all sectors but has particular experience in finance, insurance, recruitment and retail.

Lydia has acted as an arbitral secretary in a trust dispute between former business partners.  She has experience of advocacy in a number of different forums and is well placed to act as counsel or secretary for complex arbitrations.  With experience of tax, partnership, contract interpretation and jurisdiction disputes Lydia is a natural fit for arbitral work.

Lydia is currently instructed as junior counsel in a partnership dispute listed for arbitration later in the year.

Recent topics include:

“Directors’ duties”

“Interpretation of contracts in a sporting context”

“Equality in Sport”

“Hyperandrogenism”

“Civil Procedure rules”

“Drafting effective witness statements”

“CPR for employment lawyers”

Lydia is the co-author of a specialist text on disability discrimination law.  The book, “Disability Discrimination: Law and Practice” Jackson & Banerjee (2013), is available through the Law Society and offers practical advice on managing disability in the work place and dealing with tribunal claims.  The second edition is due for release next year.

Lydia is a contributing author to Blackstone’s Employment Law and Practice (2019).

Lydia has written for several years on Equality in Sport for Law in Sport’s yearbook.

Commercial Bar Association (Combar)

British Association of Sports Lawyers (BASL)

Employment Law Bar Association (ELBA)

South Eastern Circuit (SEC)

Lawyers’ Christian Fellowship (LCF)

Women In Sports Law (WISLaw)