Laura Kaye

PROFILE

Laura has established a successful specialist practice in Employment Law. She has a reputation for being dynamic, meticulous and pragmatic. Her preparation is thorough, her client handling is sensitive, empathetic and supportive. Most recently, Laura has been recognised as one of the ‘Rising Stars’ in the renowned Legal 500 2023.

Laura completed the Bar Council’s Mental Health Training (Wellness in Law) in 2021. She is an active member of the Chambers and Northern Circuit Equality & Diversity Committees. 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

Laura appears in the Employment Tribunals nationwide, acting for a wide range of clients in preliminary and final hearings. Her most recent Tribunal and Appeal Tribunal experience includes:

• 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 an application for an extension of time following rejection of the Claimant’s appeal due to missing documents. 
• 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.  

REGULATORY/PROFESSIONAL DISCIPLINE

Having undertaken employment work for NHS Trusts, Local Authorities, Fire and Rescue Services, Ambulance Trusts and care providers, as well as adjudicating internal grievances and appeals, Laura is keen to develop her regulatory and professional disciplinary practice.

Having undertaken a shadowing programme in Chambers in these areas, Laura is now accepting instructions in professional misconduct cases. Her most recent experience includes applications for Interim Review Orders on behalf of Social Work England.

MEDIATION/ALTERNATIVE DISPUTE RESOLUTION

Laura compliments her legal practice with work as a trained Mediator, specialising in employment and workplace disputes.

As a result of her additional training, Laura’s employment clients often look to her for advice and representation in Judicial Medications/Judicial Assessments and alternative dispute resolution hearings in the Tribunal and County Court.

TRAINING SERVICES

Laura is keen to support her clients wherever possible and has successfully delivered a series of mock tribunals to NHS Trust staff and HR professionals. She has also delivered engaging training sessions entitled “Advocacy at Preliminary Hearings” “Whistleblowing Update: A Practitioner’s Guide” and “Top Tips for Junior Advocates” to professional clients. Laura can consider training requests on a remote or in person basis, she welcomes further enquiries in this regard.

Articles

Intimidation of witnesses at the Tribunal: the law and practical tips (2022)

Employment Insights: Top five tips in redundancy situation (2020)

Top ten tips for s.6 Equality Act 2010 hearings (2019)