Lena Amartey

Profile

Lena regularly appears in the Employment Tribunal acting for both Claimants and Respondents on all types of employment disputes including:

• Unfair dismissal/wrongful dismissal;
• Redundancy;
• Whistleblowing;
• All forms of discrimination;
• Unlawful deduction from wages;
• Working Time Regulations;
• Breach of contract;
• Agency Workers Regulations 2010;
• Costs applications; and
• Transfer of undertakings.

Lena is frequently instructed in complex multi-day discrimination claims, as illustrated by her representing a Respondent in a 7-week race discrimination claim in Central London Employment Tribunal (Iteshi v London Underground Ltd, Transport for London and Reed Consulting Ltd). As well as having a keen interest in discrimination claims, Lena has a wealth of experience in conducting employment Tribunal litigation on behalf of Higher Education Bodies, Local Authorities and NHS Trusts. Lena is also frequently instructed by trade unions, police authorities, international businesses as well as employee clients. 

Lena also provides advisory and drafting services in respect of all types of employment disputes including advice on prospects, quantum, procedure and appealing 1st instance decisions. Lena has a particular strength in dealing with evidential and tactical matters. Lena also frequently delivers seminars to Solicitors on a variety of topics, including most recently, Ill Health Disciplinary, Disability & Pregnancy Discrimination, remedies and costs in the Employment Tribunal, practical guide to redundancy dismissals and TUPE.

With regard to appellate work, Lena has recently appeared in the EAT in the following cases:

• Keppel Seghers UK Limited v Mr. Mark Hinds [2014] IRLR 754 – appeal against Tribunal’s judgement that the Claimant was a worker for the purposes of section 43K(1), extended definition of worker for the purposes of whistleblowing complaints. Particularly, focussing on the application of section 43K(1) where there is no contractual relationship between the Claimant and Respondent.
• Merchandising Sales Force Limited v Mrs Joanne Dawson (UKEATPA/1762/11/RN) - appeal against the Tribunal's judgement in a claim for unlawful deduction from wages. This appeal was particularly concerned with the authorities on the interpretation of section 13(2)(a) and (b) ERA 1996.
• Montracon Limited v Mr. Ernest Francis Hardcastle (UKEAT/0307/12/JOJ) - appeal against the Tribunal's judgement on remedy in a unfair dismissal claim where the Tribunal made a reduction to the compensatory award on the grounds of conduct prior to dismissal without making a similar reduction to the basic award. This appeal focused on the relationship and interplay between sections 122(2) and 123(6) ERA 1996 and the extent of the Tribunal's discretion in their application of both sections.
• Mr. T. Espie v Balfour Beatty Engineering Services Limited (UKEAT/0321/12) - appeal against a Tribunal's judgement on the pool of selection in a redundancy exercise and the application and interpretation of section 15 Equality Act 2010 (disability related discrimination).

Lena also represents clients in the County Court combining her knowledge of the County Court procedure and employment law to the advantage of her clients. Lena has a particular interest in matters of contractual construction and interpretation in the employment context. Lena is frequently instructed by trade unions, police authorities, international businesses as well as employee clients.

Lena was appointed to the approved list of Counsel for the Equality & Human Rights Commission in 2011 and has completed a secondment with the Commission's Legal Enforcement Team. During her time at the Commission Lena provided advisory services focusing on race discrimination and the provision of public service and functions, particularly members associations. Having studied Human Rights during her Masters, Lena has a particular interest in the area of discrimination both within and outside the employment context. Most recently this was utilised in Lena representing Claimants in successful claim for breach of contract arising out of non-payment of bonus by the Co-operative Banking Group following the financial crisis in the case of Herron v Royal London Mutual Insurance Society Ltd. The case involved detailed analysis of contractual principles and particularly the circumstances in which a discretionary bonus becomes contractual. As well having a complex factual background the case considered the principles of irrationality and perversity and the impact of the FSA decisions on payments of bonus.

Prior to being called to the bar Lena worked as a Legal Advisor for an international construction company providing advisory services on numerous property and contractual issues. Whilst in this role Lena reported directly to Directors and utilises this experience to provide a service, which encompasses awareness of the commercial impact of legal disputes and analysis of tactical steps from both a legal and financial perspective.

Lena is accredited by the Bar Council to undertake direct public access work.

Education

Lena has frequently represented governing bodies and local authorities in the Special Educational Needs and Disability Tribunal. Lena's practice in this area developed from her extensive experience of dealing with complex multi-day disability discrimination claims in the Employment Tribunal.

Since extending her practice into this area Lena has represented schools and local authorities in a range of proceedings before the First Tier Tribunal including:

• School exclusions appeals;
• Appeal against LA decisions in respect of a statement of SEN or a EHC plan;
• Disability Discrimination claims;
• Complaints against a School Governing Body; and
• Complaints to a Local Government Ombudsman.

Lena has developed a particular interest in assisting Responsible Bodies in preparation for SEN Tribunal claims, including:

• Drafting statements of case;
• Preparation of evidence and witness statements;
• Providing advice on prospects of success;
• Communication and mediation with parental advocates or solicitors;
• Conferences with witnesses ahead of Tribunal hearings; and
• Commissioning of experts evidence.