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 has been recognised in two consecutive years by the Legal 500 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

Laura accepts instructions for representation and drafting in all areas of Employment Law up to and including appellate level. She is consistently sought after for her discrimination expertise and her strategic input at early stages of claims.

Her most recent Appeal Tribunal work 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 resisting an appeal before HHJ Barklem in the Employment Appeal Tribunal, 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 application for an extension of time for presentation of the said appeal before HHJ Beard.

Her most recent Employment Tribunal experience includes:

• Securing the Tribunal’s maximum £20,000 costs order against a well-known and experienced Claimant following a failed claim of disability discrimination against a recruitment agency. The Tribunal accepted Counsel’s submission that the claim was vexatious and unreasonable, with no reasonable prospects of success.
• Representing the Respondent in the successful defence of a claim for unfair dismissal, arising from the Claimant falsely reporting the movements of a vulnerable service user.
• Securing a finding that the Claimant was not disabled, on the grounds that the substantial adverse effect was causative of a drug addiction (an excluded disability). The ET accepted, following cross examination of the Claimant by Counsel, that the Claimant’s mental health related to his drug use and unfortunate life stressors as opposed to depression.
• Successfully defending claims of automatic unfair dismissal for whistleblowing, whistleblowing detriment, direct race discrimination and racial harassment in a 7-day hearing. The Claimant 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 history and ET claim history, as well making reckless representations to previous ET judges at preliminary hearings on the availability of disclosure.
• 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 within the rail service, 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.
• Representing 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 arising from alleged ‘workplace banter’ during an away training week, with a particular focus on substantive fairness and consistency of treatment in comparison with co-accused.
• 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).

Laura has extensive experience in drafting and advisory work, most recently:

• Advising two senior employees on various claims following the takeover of their employer, a social networking service based in the United States.
• Advising the Respondent, a chain of high-end luxury supermarkets in the North of England, in defence of claims for disability discrimination, religious discrimination and harassment on the grounds of religion, whistleblowing detriment, unfair dismissal including for automatically unfair dismissal on the grounds of whistleblowing. Laura drafted the application for strike out and deposit orders which the Tribunal accepted and resulted ultimately in the dismissal of all claims save for s.103A.
• Advising a logistics hire business on liability and quantum in claim for automatic unfair dismissal (whistleblowing), detriment for whistleblowing and on the grounds of health and safety, direct sex discrimination, harassment related to sex and on the grounds of rejecting harassment.
• Drafting a List of Issues on behalf of a utilities company in response to a claim for constructive unfair dismissal and disability discrimination where the Claimant’s Further & Better Particulars totalled in excess of 50 pages.
• Advising a school in defence of claims of constructive unfair dismissal and disability discrimination.
• Advising a fire service on strategy in circumstances where an employee had been charged with sexual offences and was awaiting a criminal trial.
• Settling particulars and advising a Claimant in claims for direct sex discrimination, associative discrimination on the grounds of sex, harassment relating to sex and sexual harassment as well as racial harassment and associative racial harassment arising out of incidents and comments form male colleagues and superiors.

CIVIL

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.

In review hearings for the General Medical Council, Laura has experience of dealing with cases where impairment was found due to misconduct, deficient professional performance and a variety of health issues. Most recently, Laura secured erasure from the Medical Register in a case of persistent non-engagement with the Regulator.

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 including decisions by the Local Authority not to issue an EHCP.

ARTICLES

• Avoiding the aggro: Keeping damages under control
• Top ten tips on preliminary hearings on disability

TRAINING SERVICES

Laura is happy to provide training session to instructing solicitors and clients. Laura has delivered sessions on "Challenging disability (mental health impairments) in ET", "Employment Law Updates", "A Practitioner’s Guide to Whistleblowing" and "Tricky issues in managing sickness absences".