Stefan Brochwicz-Lewinski

Stefan Brochwicz-Lewinski

Year of call:

1995, Gray's Inn

Contact:

Stefan Brochwicz-Lewinski

Associations:

Employment Lawyers Association
Northern Circuit Commercial Bar Association

Recognition

"a class act"
(Who's Who Legal - UK Bar, 2016)

"He is excellent"
(Chambers & Partners, 2015)

Education:

Stockport Grammar School.
Bristol University - LLB (Hons).
Université de Caen, France - Demi Licence en Droit.
Wilfred Getz Scholar (Gray's Inn)

Stefan has specialised in employment law for over 15 years. He has long been identified in legal directories as a leader in his field, and is ranked by Chambers & Partners in the top five employment juniors in the Northern region.

Stefan specialises in all aspects of employment law, with particular experience of: complex discrimination and equal pay claims; restrictive covenants and employment injunctions; TUPE (transfer of undertakings); protective awards; unfair and wrongful dismissal; pension rights; whistleblowing and protected disclosures; trade union recognition and industrial action; breaches of confidence; commercial agencies; deductions from wages. His clients range from individual employees to high profile sports personalities to established plcs and public bodies. His commercial litigation experience provides an added dimension when dealing with cases involving company/director/shareholder issues.

Stefan combines renowned legal analysis and courtroom skills with clear and commercial advice. He appears in all courts from first instance to appellate level, including the Employment Appeal Tribunal and the Court of Appeal. He also appears in the High Court in high value cases, restrictive covenant proceedings and industrial action disputes.

Specialist areas with cases of interest include:

Appeals Procedure

  • Jafri v Lincoln College [2015] QB 781 – Leading Court of Appeal authority on the remission of cases on appeal back to the Employment Tribunal. (Also reported at [2014] 3 WLR 933, [2014] 3 All ER 709, [2014] ICR 920, [2014] IRLR 544.) View the Case Here

Equal Pay

  • Copple & others v Littlewoods [2012] 2 All ER 97. – Long-running litigation, representing the Respondent company in multi-million pound equal value proceedings over pension rights brought by several hundred Claimants. Multiple hearings both at first instance and on appeal, latterly in the Court of Appeal on issues of causation and remedy under European and domestic equal pay law: Also reported at: [2012] 1 CMLR 36; [2012] ICR 354; [2012] IRLR 121; [2011] Eq LR 1271; [2011] Pens LR 443.

    View the Court of Appeal decision Here.
    View the E.A.T. decision Here.

  • Gibbons & others v JJB Sports plc – Equal value proceedings including issues as to the adequacy of Joint Evaluation Studies.

Restrictive Covenants/Injunctions

  • Basic Solutions v Robert Sands – Restrictive covenant injunctive proceedings in the High Court (Eady J) in which it was held that: 12 months was too long a period of restriction to be enforceable; the balance of convenience favoured the ex-employee where he stood to suffer clear provable loss compared to the speculative loss claimed by his ex-employer; the public interest benefit of the manufactured product involved was a relevant factor when considering competition; the fact that the employee produced a product after his employment with the same function as that produced during his employment did not lead necessarily to the inference that the products were the same or he had used confidential information. View the Case Here
  • Oscar Associates v Circle Recruitment – High Court proceedings between recruitment companies arising from breach of covenants and “employee-poaching”.
  • Walker Fire v Jackson Fire & M Grocott – Emergency injunctive proceedings to restrain breach of employment covenants and use of confidential information.

Transfer of Undertakings (TUPE)

  • Inex Home Improvements Ltd v Hodgkins & others [2016] IRLR 13, [2016] ICR 71 – Leading Employment Appeal Tribunal authority holding that the temporary lay off of workers did not prevent their transfer on a TUPE Service Provision Change; also providing guidance as to how the TUPE SPC provisions are to be interpreted. View the Case Here.
  • CT Plus (Yorkshire) CIC v Lincs Road Car Ltd t/a Stagecoach (UKEAT/0035/16/DM) - Appeal case in which the decision that the establishment of a new commercial bus service in place of a contracted out service did not amount to a service provision change under TUPE.
  • Thorburn & 29 others v GM Rail Services Ltd & others – claims for protective awards and other payments following various service provision changes.
  • Smith & others v Tameside MBC & Live Nation (Venues) UK Ltd – acting for Tameside MBC in claims involving a dispute between Respondents as to whether there was a TUPE transfer of staff upon closure of a theatre.

Unfair Dismissal

  • Garside & Laycock Ltd v Booth [2011] IRLR 735 – acting on appeal in a case of dismissal for refusal to accept a pay cut – submissions described as “eloquent, cogent and persuasive” by Langstaff J in the Employment Appeal Tribunal. View Case Here.
  • Pennine Care NHS Foundation Trust v Mundangepfupfu (UKEAT/0109/15/DA) – Employment Tribunal Appeal authority on the proper application of Polkey principles in an NHS dismissal. View the Case Here.
  • Various cases v Barclays Bank plc – acting for Barclays Bank in a suite of separate cases in which summary dismissals during redundancy consultation periods were found to be fair.

Redundancy

  • Stokes & others v City Link Ltd (in administration) - Representing several hundred claimants in claims for protective awards arising from the sudden collapse of the Respondent company.
  • Sloane & 20 others v TVR Engineering Ltd – multiple redundancy litigation.

Discrimination

  • PMI Ltd v Hodkinson & others (UKEAT/0134/15/LA) – Employment Appeal Tribunal authority on the principles to be applied in determining claims of discrimination and harassment under ss15 and 26 of the Equality Act 2010. View the Case here.
  • Khatoon v Pennine Acute Hospitals NHS Trust – Successfully representing an NHS Trust defend a challenge to the NHS “Bare below the Elbows” policy brought on religious discrimination grounds.
  • Banks v HM Revenue & Customs – significant disability discrimination claim resulting in costs in favour of the Respondent.
  • Dr V v Pennine Acute NHS Trust – high value race discrimination proceedings concerning a specialist consultant doctor.
  • Nijhar v University of Ulster – religious and political discrimination proceedings in the Fair Employment Tribunal in Belfast.
  • Williams v Central Manchester University Hospitals NHS Trust – high profile proceedings involving alleged anti-semitism.
  • Green v Walker Sime – sex discrimination claim in which maternity leave was found not to have resulted in the Claimant’s selection for redundancy.

Trade Union law and Industrial Action

  • Robert McBride Ltd v GMB – taking injunctive proceedings to restrain strike action.
  • Unite the Union v Sainsbury’s Supermarkets Ltd – acting for Sainsbury’s in proceedings concerning trade union recognition under s178 Trade Union & Labour Relations (Consolidation) Act 1992 for the purposes of TUPE. Union claim struck out.

Whistleblowing, Protected Disclosures

  • Parsons v Airplus International Ltd (UKEAT/0023/16/JOJ) – Representing the Respondent in the Employment Appeal Tribunal on the approach to be taken on an application for interim relief in a whistleblowing claim, affirming the principles of Taplin v Shippam Ltd. The whistleblowing claim then proceeded in the Tribunal where it was dismissed on all counts.
  • Quinn v Talar Made Ltd – whistleblowing claim including ET proceedings for interim injunctive relief.
  • Constable v Secretary of State for Work & Pensions – claim of unfair dismissal as a result of a protected disclosure which included a successful appeal against the Employment Tribunal’s refusal to order further particulars (UKEAT/0156/10).

Employment Tribunal Procedure/Costs

  • Drake International Systems Ltd & others v Blue Arrow Ltd [2016] ICR 445 –Key Employment Appeal Tribunal authority on whether additional compliance with the Early Conciliation procedures is mandatory when joining a new party to existing proceedings. View the Case here.
  • Murray v Standard Life (UKEATS/0003/14/JW) – E.A.T. authority on whether to strike out a claim for breach of an unless order. View the Case here.
  • Hibbett v Beauty Source Ltd t/a St Tropez – indemnity costs against a Respondent whose defence of unfair dismissal proceedings was found to be unreasonable.
  • Parkin v Colourscape – costs award in sex discrimination proceedings against a Respondent found to have relied unreasonably on a jurisdictional defence, upheld by the EAT.
  • Nolan v Property Growth Dynamics Ltd – costs award against a Claimant found to have invented allegations of sex discrimination.

ADDITIONAL INFORMATION
Stefan conducts seminars and lectures for HR professionals and solicitors. He qualified to teach advocacy for the National Institute of Trial Advocacy.

Employment – ranked Tier 1
“An indomitable advocate who has a great bedside manner with clients.”

Legal 500 2019


Employment – Northern (Bar): Leading Barrister (Band 1)
"An impressive advocate who is extremely thorough and good with clients."
"Very knowledgeable, excellent on his feet and a trusted pair of hands."

Chambers and Partners UK Bar 2019


"He is always thoroughly prepared, always up for a fight and he understands the commercial imperatives of a case."

Chambers and Partners 2018


'He works hard to achieve the best possible result for the client.'

Legal 500, 2017


"Has a wealth of experience in many areas of employment law and is well-regarded for his knowledge of TUPE, whistle-blowing and unfair dismissal issues, as well as his ability to seamlessly handle complex discrimination and equal pay claims. 'He is tenacious, a real battler.' 'He is willing to go the extra mile and works well as part of the team.' "

Chambers and Partners 2017


‘Highly recommended for restrictive covenants cases.’

Legal 500, 2016


"Covers the full breadth of employment law issues and is instructed at all levels from the Employment Tribunal to the Court of Appeal. He handles cases ranging from discrimination to cases relating to pensions and is also noted for his expertise in industrial relations matters. 'His paperwork is good, he's good with clients and his advocacy is strong.' 'Clients feel very comfortable with him; he's incredibly friendly and he has a very commercial outlook.'"

Chambers and Partners 2016


“He has excellent fact management skills, and is well prepared.”

Legal 500 2016


“Stefan Brochwicz-Lewinski is a ‘class act’, and is known for his ‘expertise’ in disputes concerning restrictive covenants and injunctions.

Who’s Who Legal – UK Bar 2016


"He is excellent - totally prepared at all times and good with clients."

Chambers & Partners 2015


"Delivers precise and commercially minded advice."

Legal 500 2014


"He is clear, precise, and gets to the bottom of a case very quickly." 

Chambers & Partners 2014


"quick-thinking and common-sense approach"

Legal 500 2013


“Stefan Brochwicz-Lewinski has ‘got it all,’ and is a ‘robust advocate’ who is ‘great with clients.’ He recently appeared before the Court of Appeal, representing Littlewoods in a high-value equal pay case.”

Chambers & Partners 2013


"Stefan Brochwiz-Lewinski was also praised for his "exceptional breadth of knowledge and robust attitude"

Chambers & Partners 2010


"considered to be “very supportive” by clients; interviewees praised him as “technically excellent and tenacious” and someone with considerable experience of equal pay claims for Local Authority."

Chambers & Partners 2009


"Friendly, methodical and puts clients at ease"

Legal 500, 2011


Specialist Areas of Practice:

Business and Property Group

Employment

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Employment CV [PDF]

General CV [PDF]

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