Amy Smith

PROFILE

Amy is an established barrister of over 10 years' experience. Her calm manner gives her clients confidence, and her exceptional advocacy gives them great results. She combines a commercial understanding of the issues with a clear tactical intelligence to work hard in her clients’ best interests. She is communicative and service focused.

Prior to starting pupillage, Amy worked for the Law Commission in the Commercial and Common Law Team specialising in consumer and insurance law. She has also represented clients for FRU and the Bar Pro Bono Unit. In addition, whilst completing the BPTC Amy set up and ran an employment law, pro bono advisory service. This experience gives her a rounded view of not only the issues faced in this work but also the most practical ways to overcome them.

In her spare time, Amy volunteers for work with her local ambulance trust.

AREAS OF PRACTICE

EMPLOYMENT

Amy specialises in employment law and has appeared in the Employment Tribunal, in England, Scotland and Northern Ireland, representing both claimants and respondents in final hearings, preliminary hearings and judicial mediations. She regularly appears in lengthy multi-day hearings.

Amy has a particular interest in discrimination cases, most particularly in sex and disability discrimination claims. She has also represented clients in employment cases in the County Court, with the result that she has experience of both Tribunal and County Court procedure.

Amy regularly advises on all aspects of employment litigation including appeals. Her experience is vast and includes:

• Unfair dismissal, including constructive dismissal;
• Discrimination; 
• European law and its impact upon employment law;
• Protected disclosures;
• Redundancy;
• Trade union matters;
• TUPE;
• Deductions from wages;
• Working Time Regulations;
• Restrictive covenants;
• National minimum wage;
• Breach of contract. 

NOTABLE CASES

Amy is an experienced appellate advocate and has appeared in the following cases:

• A Leader v The Borough Council of Bolton (UKEAT/0231/15/RN) – two preliminary appeals and one full appeal on several grounds, most notably whether the Judge at first instance ought to have reconsidered his Judgment on disability.
• The Royal Bank of Scotland v Mr P O’Doherty (UKEAT/0307/14/RN) – an appeal on several grounds including issues of recoupment notices, half-pay sickness absence and the re-opening of a liability decision on Polkey and contributory fault via applications for reconsideration.

Amy has a particular interest in discrimination cases, most particularly in sex and disability discrimination claims. In pupillage Amy worked closely with Joanne Woodward on a high profile case involving a claim for indirect race discrimination reported at Kapenova v Department of Health [2013] EqLR 188.

She has also represented clients in employment cases in the County Court, with the result that she has experience of both Tribunal and County Court procedure.

PUBLICATIONS

Amy has co-authored two papers which were published in the New Law Journal on consumer law. She has also co-written a paper on the development of insurance law, which was later presented in a seminar.

TRAINING SERVICES

Amy regularly provides seminars and workshops for legal and non-legal clients. She has appeared in mock tribunals in order to provide both an insight into how the Tribunal system works and tactical approaches to Tribunal litigation.