Laura Kaye

PROFILE

Laura has established a successful specialist practice in Employment Law. Whilst she appears in the Employment Tribunals nationwide, acting for a wide range of clients in preliminary and final hearings she is particularly renowned for her trial advocacy, the majority of her practice compromises of lengthy and complex full merits hearings. Laura’s meticulous eye for detail means she is often sought for her advisory and drafting skills including and up to the Court of Appeal. She is regarded as a strong negotiator with a reputation for being dynamic and pragmatic.

Laura is recognised as one of the ‘Rising Stars’ for Employment Law on the Northern Circuit.

Laura is an active member of the Chambers, retaining roles on the Marketing Committee and the Access Awards. Prior to joining Chambers, Laura served as one of the youngest Magistrates in the country.

Outside of work, Laura enjoys musical theatre, rugby league and walking her dog in Yorkshire beauty spots.

AREAS OF PRACTICE

EMPLOYMENT AND CIVIL

Her most recent Tribunal and Appeal Tribunal experience includes:

• Drafting a response to an appeal in the Court of Appeal on jurisdictional issues and the correct interpretation of s.98(4) ERA 1996 on the issue of "reasonableness".
• Successfully defending claims of automatic unfair dismissal for whistleblowing, whistleblowing detriment, direct race discrimination and racial harassment. The Claimant, a serial litigant, alleged her drink had been spiked by her manager during a training session. Counsel’s cross-examination revealed the Claimant lied to the Tribunal about her work and ET claim history as well as her reckless representations to previous ET judges at preliminary hearings on the availability of disclosable text messages. Counsel advised on an application for costs on the grounds the claim was vexatious or unreasonably pursued.
• Representing the Respondent in a lengthy disability, race and age discrimination claim regarding the progress of the Claimant’s training in a safety critical role after a lengthy absence following a misconduct disciplinary process.
• Successfully acting for an NHS Health Trust following a complaint of discrimination by the Claimant surrounding the absence of keeping in touch conversations, the failure to provide her with meaningful work during the CV-19 pandemic. A key issue in the case centred on the safety of a sonography room in a Trust building.
• Successfully resisting an appeal before HHJ Barklem, on the correct application of the Polkey in cases of composite reasons for dismissal.
• Resisting an appeal against the Order of an EAT Registrar and the Claimant’s an application for an extension of time for presentation of the said appeal before HHJ Beard.
• Representing the Respondent, a care home provider, in an 8-day final hearing resisting claims of direct race discrimination, victimisation and whistleblowing detriment. The Tribunal considered whether the Respondent was vicariously liable for alleged comments by a service user pursuant to s.110 Equality Act 2010.
• Resisting a claim of unfair dismissal brought by a firefighter against a Fire and Rescue Service with a particular focus on substantive fairness and consistency of treatment in comparison with co-accused.
• Representing an NHS Health Trust in defending claims of direct race discrimination brought by a Doctor, dissatisfied with the conduct and outcome of multiple internal grievances into allegations of inappropriate behaviour levied against a colleague.
• Adjudicating an internal grievance appeal, covering approximately 40 separate appeal points including breach of contract, discrimination on the grounds of disability, unlawful deduction from wages and unfair treatment.
• Responding to an appeal which considers whether a Tribunal erred in its application of Polkey v AE Drayton Services [1988] ICR 142 specifically, having found the investigation into one allegation of misconduct was outside the range of reasonable responses whether it was bound to conclude the dismissal was unfair.
• Acting for a Claimant, a Local Authority employee and Local Councillor, in pursuance of claims of unfair dismissal and disability discrimination arising from a redundancy process.
• Conducting a two-day preliminary hearing to determine applications for Judgment on an employer’s contract claim, strike out and deposit orders against four Claimants. The case involved arguments relating to the correct interpretation and construction of Rule 24 and Rule 25 of the Employment Tribunal Rules of Procedure 2013 (as amended).
• Acting for the Respondent in a claim of automatic unfair dismissal on health and safety grounds (s.100(1)(c) Employment Rights Act 1996) and direct age discrimination, the Claimant alleging he had been overworked.
• Applying the principles of res judicata in an application by a Local Authority for strike out of claims for indirect age discrimination and constructive unfair dismissal brought by a Claimant firefighter, who was also part of a successful class action in respect of pension changes (see McCloud/Sargeant [2018] EWCA Civ 2844).
• Representing a Claimant in claims for constructive unfair dismissal, pregnancy and sex discrimination following a resignation post-childbirth.

Further to drafting and advisory work in employment law, Laura also offers her professional services in County Court litigation relating to the Equality Act 2010 claims. She is able to settle Particulars of Claim and Defences and undertake advocacy in procedural and substantive hearings up to and including trial.

Her notable work to date includes:

• Settling Particulars of Claim and the provision of written advice for a Claimant who was blind, had the use of a Psychiatric Assistance Dog, and was denied entry into a convenience store. The Claimant successfully pursued claims of disability discrimination against the service provider. At the disposal hearing, Laura secured a significant award for the Claimant in damages and costs.
• Defending a small claims trial in which the Claimant sought additional damages, over and above an award made by the Employment Tribunal at a previous remedy hearing. Laura secured strike out of the civil claim following submissions on the principles of res judicata.
• Representing the Defendant at a Dispute Resolution Hearing and subsequent application hearing, securing strike out of claims relating the alleged non-payment of statutory holiday pay in accordance with the Working Time Regulations. The case involved technical submissions relating to the jurisdiction of the County Court and Employment Tribunal.

PROFESSIONAL DISCIPLINE

Having worked for public bodies, schools, Local Authorities and NHS Trusts, it was an organic development of Laura’s practice to act in professional discipline matters. Laura accepts instructions from Regulators in Fitness to Practice hearings including reviews. Her most recent work includes acting for the General Medical Council and Social Work England.

EDUCATION LAW

Laura’s expertise of disability discrimination and Equality Act 2010 matters means she is sought after by Local Authorities for advisory work and representation in the Special Education Needs Tribunal. Laura has dealt with a wide range of appeals covering all aspects of the EHC Plan.