Russell Bradley

• Successful defence of multiple claims including automatic unfair dismissal (TUPE) arguing that TUPE did not apply in a mixed share transfer/hive up
• Defence of claim for unpaid bonus against transferee, including the question of “substantial equivalence”; claim ultimately withdrawn by trade union
• “service provision” changes, including disputes on the nature of activities performed and whether employees and groups of employees were assigned to an organized grouping
• Whether claimants can maintain claims against only a transferee for a failure to consult
• A claim by a transferee against a transferor for a failure to provide relevant “employee liability information”
• The impact of TUPE on a claim for a death in service benefit brought by executors
  for transferor in a “failure to inform and consult” claim by trade union

• Defence of claims of unlawful discrimination brought by transsexual (settled)
• Successful defence of claims by apprentice following his dismissal of claims under every type of discrimination available under the disability legislation
• Successful defence of claim of victimisation (racial assault) against FTSE 100 trading company
• for (dismissed) sales manager claimants in claims of age discrimination; claims settled for a five figure sum
• Sheriff court action against landlord for injury to feelings arising out of allegations of racial abuse and harassment by landlord’s staff. Questions of causation and vicarious liability.
• Claims of maternity and pregnancy discrimination including allegations of a failure to comply with Regulation 10 of the
• Maternity and Parental Leave etc. Regulations 1999
• Claim of associative discrimination by reference to “Fragile X” syndrome and whether that is a disability
• Claim of age discrimination by minister of religion

• The impact of TUPE on the enforceability of a covenant post transfer
• The proper measure of loss in a claim for damages for breach of a covenant
• Whether it is appropriate to grant interim interdict where money loss can be accurately quantified
• Whether employer can reclaim settlement agreement sums as damages for alleged breach of covenants

• Successful defence of claim of automatic unfair dismissal in claim against two “employers”;  issues of joint and several liability focussing on relevance of McTigue v University Hospital Bristol NHS Foundation Trust [2016] I.C.R. 1155 and Day v Lewisham & Greenwich NHS Trust and another [2017] I.C.R. 917
• For claimant alleging unfair dismissal, the whistleblowing concerning financial irregularities in the preparation of material for statutory accounts.
• For claimant alleging unfair dismissal, victimisation and breach of contract, having blown the whistle on health and safety issues about products sold by the respondent.
• For respondent defending claim of whistleblowing unfair dismissal claim brought by senior executive and chartered accountant. Successful at interim relief hearing.
• For respondent owners of nursing care home in a claim of unfair dismissal brought by a registered nurse who had alleged ill-treatment of service users

Representative appeal cases

Franco Pizza Limited t/a Domino’s Pizza v Gould and Fraser; EAT
Employment Tribunal failed to properly apply section 98(4) ERA 1996, case remitted for re-hearing.

Scottish Ambulance Service v John Laing; EAT
Unless Order; impact of non-compliance, conditional judgment.

Swanston New Golf Club Ltd v Gallagher; EAT
Compensatory awards; Contributory conduct; Polkey reductions;

City of Edinburgh Council v Kaur
Inner House; opposition to motion for leave to appeal race discrimination claim to the Supreme Court.

Cases worked on as a solicitor

• AB v [name withheld]; for dentist summarily dismissed on allegations of fraud; working with him on internal appeal resulting in re-instatement to post and abandonment of threatened criminal proceedings and referral to General Dental Council.
• CD v [name withheld] plc; for high street bank in a claim before the Employment Tribunal in which the claimant sought a remedy under the Sex Discrimination Act 1975 in respect of an abatement to a company pension taking account of State pension received. •Kitsons Environmental Europe Ltd v Hendry UKEATS/0002/08; A finding by an employment tribunal as to the extent to which compensatory award for an unfair dismissal should be reduced set aside as the tribunal had provided no reasons for making the finding. •Loy v Abbey National Financial & Investment Services plc 2006 SLT 761; for Abbey in defending a claim by a former national account manager that post TUPE transfer, his new role was sufficiently different to pre-transfer role to entitle him to a claim for a contractual redundancy payment.
• Dignity Funerals Ltd v Bruce 2005 1 S.C. 59; for employer in appeal from employment tribunal and Scottish EAT, the Court overturning EAT’s decision to increase compensatory award where the claimant had suffered from a reactive depressive illness from the date of dismissal.
• [Names withheld]; for brand name plc bank advising on remedies following the poaching of a 25 man team including directors and senior fund managers.
• Donlon v Colonial Mutual Group (UK Holdings) Ltd 1998 SC 244; appeal from Sheriff and Sheriff Principal on employer’s delictual duties to former employee on providing a reference to future employer.
• Interconnection Systems Limited v Holland 1994 SLT 777; arrestment on the dependence in proceedings for damages for inducing a breach of a contract following the recovery of confidential documents containing price sensitive information under Section 1 of the Administration of Justice (Scotland) Act 1972.
• Eclipse Blinds Ltd v Bill EAT 818/92; EAT stressed that the task of the tribunal was to take into account all the circumstances rather than to isolate one factor, such as whether consultation would have made any difference