Nicholas was appointed Silk in March 2019.
Nicholas is an employment specialist whose practice takes in all facets of employment litigation in the High Court and the statutory tribunals. He also enjoys a significant sports law related practice appearing before the ordinary courts and the relevant disciplinary/adjudicatory tribunals.
Particular areas of expertise are:
- Restrictive Covenants and Confidential Information
- Discrimination and Equal Opportunities Litigation
- Whistleblowing, particularly in the Financial Services Sector
- Equal Pay
- National Minimum Wage compliance
Nicholas has been continuously listed as a leading practitioner in employment in the legal directories since 2007. He is in addition listed for his Sports Law Practice in the Legal 500. Examples of recent comments are as follows:
Technically excellent, with the ability to digest complex facts of the case and apply to the relevant law in a user-friendly way. Always willing to take a call and very client friendly. Legal 500 2022
“Has notable experience with TUPE, along with high-value discrimination claims and public interest disclosure cases. He is predominantly instructed on behalf of respondents but also works with trade unions and high net worth claimants. He is recognised for his expertise in defending applications for injunctive relief.
Strengths: “He is wonderful – an employment law obsessive. He takes a scholarly approach to the law, and is genuinely interested.” “Great focus and attention to detail. Client witnesses invariably say they that they are pleased that he is on their side rather than the opponent’s.” Chambers UK 2021
“Superb – his warmth and personality are great assets for this type of work. He is decisive, does not sugarcoat, and is not afraid to tell a client how it is. He is also unflappable and very good on his feet.” Legal 500 2021
“He has a high level of technical knowledge, is hard-working and has great attention to detail. He’s user-friendly in terms of the client and his approach. He’s happy to bring a proper fight to cases and is good on his feet.” Chambers UK 2020.
“Extremely diligent and quick to respond. A great advocate” “First-class technical knowledge, coupled with a very user-friendly approach and excellent advocacy skills” Chambers UK 2019.
“He is thorough, diligent and quickly gets to the heart of complex issues. He has a superb ability to recall case law which enables him to easily identify the strengths and weaknesses of any matter.” Chambers UK 2018
“A consummate professional, who grasps the intricate details of a case and distils into a clear, manageable legal analysis” Legal 500 2017
In the 2017 and 2018 Thomson Reuters Reports entitled “What do clients want from the Bar?” Nicholas was listed in the section “What barristers were respondents most impressed with?” as follows: ‘Very good on his feet in tribunal, good with clients, and works as a team with instructing solicitors’
Instructions over the last 12 months include:
- Advising various care employers (including a prominent mental health charity) as to the legal implications of the 2021 Regulations requiring the vaccination of all care home staff including whether dismissals for that reason triggered an employer’s obligation of collective consultation;
- Acting on behalf of the Embassy of the State of Qatar in an 8-day discrimination hearing involving issues of Diplomatic Immunity and the effect of such a plea on the Employment Tribunal’s ability to determine a claim against the Embassy under the Equality Act;
- Appearing in an appeal to the EAT addressing the impact of the offer of a contract of employment to a worker on the principle detailed in King-v-Sash Windows;
- Acting for the Commonwealth Telecommunication Organisation in defending claims brought by its former Chief Executive arising from his dismissal for alleged sexual harassment;
- Advising a Magic Circle firm as to the correct manner to amend its internal policies to address holiday pay in the context of Permanent Health Insurance;
- Acting on behalf of a former desk head of an international financial institution in his claim of whistleblowing and disability discrimination. The Claimant seeks a career long loss of in excess of £13 million;
- Appearing in defence of an 8 day claim for whistleblowing dismissal on behalf of an international financial institution. The Claimant sought damages of £2.3 million reflecting a career long loss. The decision of the Employment Tribunal was successfully defended on appeal where the EAT clarified the scope of the Jhuti principle;
- Appearing for Multi-Academy Trust in defence of an 11 day claim of whistleblowing detriment/dismissal where the Claimant sought damages in excess of £500,000;
- Appearing in an appeal to the EAT addressing the deductions provisions of Regulation 12 of the National Minimum Wage Regulations 2015 in the context of the provision of credit to its staff by a Championship Football Club as regards the purchase of season tickets.
He was formerly in practice at Kings Chambers, where he had been a member since pupillage. He was educated at Scalby School and Cambridge University. He was called in 1997 and joined Littleton Chambers in 2013.