Home > Barristers > Barrister CVs > Andrew J McGrath - Employment

Barrister - andrew mcgrath

Senior Practice Manager
Martin Ellis

Practice Group Clerks
James Ashford
Mitchell Nash
Oliver Lee

Chief Executive & Director of Clerking
Tony McDaid

Tel: +44 (0) 845 210 5555
Fax: +44 (0) 121 606 1501
[email protected]

Andrew J McGrath - Employment

  • Is a specialist employment practitioner with over 25 years of experience representing employees/employers in the High Court, Employment/Employment Appeal Tribunal. 
  • Specialises in High Court injunctive relief arising from restrictive covenant and restraint of trade disputes including, accounts of profit and equitable remedies arising from breach of confidentiality.
  • Specialises in high-value litigation before the High Court including wrongful dismissal, breach of contract and bonus disputes.
  • Has particular knowledge of and experience in handling employment/commercial disputes for the Financial Services Industry (including restraint of trade, breach of contract and bonus disputes)
  • Is retained Counsel for a major and expanding Midlands-based financial consultant providing it with comprehensive HR advice and training.
  • Is retained Counsel for a large Midlands-based Recruitment Consultant dealing with its general HR advice, training needs and contractual issues including its restrictive covenants and other terms and conditions.
  • Undertakes unfair dismissal and constructive dismissal cases and has particular expertise in handling lengthy and complex discrimination, TUPE and whistleblowing cases.
  • Clients include local authorities, corporations, banks, Plc's, NHS Trusts, Charities and Trade Unions.
  • Has represented parties in relation to Holiday Pay claims arising since the Bear Scotland case. Most recently defending 65 claims made against a national logistics company.
  • Work includes protracted equal value/equal pay claims. Most recently representing a group of 45 Care Workers with equal pay claims.
  • Advises in professional negligence claims and other commercial areas involving any aspect of employment law. Recently instigating High Court proceedings against a Trade Union and two firms of solicitors for negligent advice given to a large group of claimants.
  • Has vast experience of handling large-scale redundancies involving protective awards, most recently involving the redundant Comet employees on behalf of USDAW.
  • Specialises in pension related disputes (including assistance with calculation of pension loss). This has included advice involving Police/Fire Service, local government and NHS pensions with subsequent appeals to the Pensions Ombudsman and High Court.
  • Has extensive experience of representation before internal disciplinary panels on behalf of employees, local authorities and NHS Trusts in capability/misconduct proceedings particularly those involving the medical profession.
  • Carries out disciplinary and grievance investigations for public and private clients providing thorough and comprehensive reporting.
  • Frequently advises in various regulatory fields especially in solicitor’s disciplinary matters involving the SRA/SDT.
  • Formerly employed as a barrister in the public sector he has a particular understanding of its employment law requirements and will provide guidance on HR issues generally including grievance/disciplinary cases.
  • Public Access work is an expanding area in Andrew's practice. Andrew accepts instructions on a Public Access basis from HR officers/specialists, employers and employees (including drafting and advice upon Settlement Agreements).
QUALIFICATIONS

BA (Hons)

- Approved for public access work

MEMBERSHIPS

Employment Lawyers Association 
Employment Law Bar Association
Public Access Bar Association

RECOMMENDATIONS

FROM CLIENTS

Card from Client - April 2016
“Thank you for the hard work you put into my case…you totally outclassed the opposition! I feel like a great weight has been lifted from my shoulders” – Claimant in Matwiewich v  North Staff NHS Trust (following success in her breach of contract claim in the County Court and having recovered over £57k in damages and costs against the Trust).

“Andrew has a quiet and confident style which is comforting to the client. His preparation and attention to detail is meticulous. I have instructed him on many occasions for hearings from London through to Edinburgh and Glasgow. We have been successful on each occasion. In short, a safe pair of hands who reads his brief” - Norman Rea (In-house Counsel) Dignity Funerals Limited

“We have found Andrew to be highly effective. His knowledge of employment law is first class and he has great sense for the commercial issues at stake too”. Martin de Ridder – Partner – Ansons Solicitors

“We have used Andrew on a number of occasions in relation to employment and contractual matters. What we find invaluable from Andrew is a firm steer, his commercial approach and his ability to simplify things to level we can understand. His lengthy experience and knowledge of the West Midlands law scene mean that there are not too many situations or adversaries he has not dealt with previously. This promotes a sense of being in “safe hands” Steve Baker – Managing Director - FP Consulting

Email from Public Access Client – November 2015
“I was really pleased with your understanding of my case and the way you dealt so smoothly with the case in the tribunal. Also, you were not intimidated at all by the QC against us which made for a great outcome – excellent!”

Email from Public Access Client – November 2014
“…what a perfect advocate you were for me and how impressed and inspired I was by your measured ways…”

Email from Public Access Client – June 2014
“I just wanted to thank you for your professional advice, guidance and time today regarding my dispute.  I really appreciate the time you took and the attention you gave to my concern and that I can count on you should I need you in the future for further advice”.

Email from Client - November 2013
“My thanks again for all your efforts and good advice, it was so good to have you in my corner and a real pleasure to have met you”.

Email - Client to Instructing Solicitor - November 2013
“The successful outcome yesterday was also due to the efforts of Andrew McGrath who impressed me so much with his in depth understanding of my case and his professional yet approachable manner. He gave me such confidence and I cannot praise him highly enough”.

Email from Public Access Client - September 2013
“The need to consult a legal advisor is generally born out of an adverse situation, which is also totally unfamiliar territory. In 2013 Andrew McGrath represented me in a claim for unfair dismissal. The challenge was one of David and Goliath proportions, with my former employer investing heavily in defending the claim. From the outset Mr McGrath was extremely clear in his view of the case, explaining with total clarity the law relating to the case, the process and the likelihood of success or failure. I was able to make decisions based on full information all through the year long process.”

Public Access Client - August 2013
"I am very grateful to you for your support and excellent advice throughout which resulted in such a good settlement"

Letter from Respondent HR Officer - March 2012
'I just wanted to write to thank you on behalf of [the Respondent] but more particularly on behalf of myself and the HR team for the brilliant job you did at ***’s tribunal…you presented everything on [our] side in such a positive light and…in such a logical way'.

Client letter to Instructing Solicitor - February 2012
'Thank you for your help and your support and your selection of Andrew, our barrister, who made a good case out of the little facts provided. Actually he was excellent and more than head and shoulders above *******'s barrister'.

FROM THE DIRECTORIES

Chambers & Partners 2017
Couples his employment practice with professional negligence work. He has vast experience of representing clients in tribunals in cases relating to whistle-blowing, unfair dismissal and alleged breaches of contract. "Strengths: "He is calm in his advocacy and won't be hassled by either an opponent or the Bench: he makes sure that his point is made as he wants it. "Recent work: Acted in SSC v Coltman, a complex alleged breach of contract case complicated by restrictive covenant issues.

Legal 500 2016
‘A safe pair of hands’

Chambers & Partners UK 2016
Has a national employment practice, which includes work on related matters of professional negligence. He has appeared in courts of all levels from employment tribunals to the High Court, acting on behalf of both respondents and claimants

Legal 500 2015
“Always available whenever you require him”

Chambers & Partners 2015
Represents claimants and respondents in complex discrimination claims and TUPE matters. He is particularly well versed in representing clients from the public sector, including local authorities and NHS trusts. - "He is a very experienced and pragmatic advocate." "He is a tried and tested employment lawyer."

Legal 500 2014
‘A great communicator who provides incisive advice.’

Chambers & Partners UK 2014
Has a varied employment practice and is recognised for his work on behalf of corporate clients and local authorities. He also acts for claimants, and receives instructions from both trade unions and individuals.
Expertise: "He is a very impressive senior junior and is an absolute guru when it comes to employment law." "Andrew McGrath is an accomplished performer and cross-examiner, and an excellent advocate with powerful analytical skills."
Recent work: He recently represented dozens of claimants in the High Court who claimed that both their union and union solicitor had been negligent.

Legal 500 2013 
‘Employment law guru’ Andrew McGrath is ‘an excellent advocate’.

Chambers & Partners UK 2013 - Rated as Band 1
Andrew McGrath not only "knows employment law back to front," but is also a "splendid performer" in court, who impresses with his "powerful advocacy. "This "enormously likeable" barrister continues to receive instructions from a diverse client base. 

Legal 500 2012
Andrew McGrath has ‘huge commitment and determination’

Chambers & Partners UK 2012 - Rated as Band 1
The "fantastic" Andrew McGrath attracts consistent praise as a "confident performer" who is "ready to put up a fight" on behalf of his clients. He has expertise in complex discrimination and TUPE cases, and acts for a diverse client base of local authorities, banks, NHS trusts and trades unions.

Legal500 2011
Andrew McGrath is ‘thoroughly reliable’, and his ‘significant experience and vast knowledge of employment law allows him to identify the key issues quickly’.

Chambers & Partners UK 2011 Edition
Andrew McGrath, who is appreciated for his "calm manner that puts clients at ease." McGrath tends to a client base that includes trade unions, local authorities, senior executives and financial institutions.

Chambers & Partners UK 2010 Edition
Andrew McGrath tackles a wide practice that includes high-value claimant and defendant litigation before the civil courts. His caseload includes wrongful dismissals, breaches of contract, bonus disputes and, in particular, restrictive covenants and restraints of trade. His "calmness and meticulous preparation always put the client's mind at ease," according to solicitors.

Chambers & Partners UK 2009 Edition
There is no doubting the merits of the "technically excellent and solicitor-friendly" Andrew McGrath. He “knows what solicitors and clients want and how to turn papers around appropriately,” and recently handled a tricky race discrimination claim for Shropshire County Council (Abegaze v Shrewsbury College of Arts & Technology [2010] IRLR 238), as well as a host of sex and disability discrimination claims.

Chambers & Partners UK 2008 Edition
He is a leading junior who has a “reassuring GP-like manner with clients” and an “effective and thorough style of advocacy”. Since he “never misses a trick,” according to experts, opponents “need to be on their game” in unfair dismissal and other employment tribunals.

Chambers & Partners UK 2007 Edition
Andrew McGrath is “hugely recommended for a highly effective cross-examination.” He does many discrimination tribunal cases and his niche practice in High Court work, involving wrongful dismissals and restrictive covenant work, has really taken off this year.

Chambers & Partners UK 2006 Edition
Andrew is a leading junior who has “garnered strong recommendations particularly for his effective cross examinations”.

NOTABLE CASES

Newbold v Leicester City Council (1999) ICR 1182CA - Council right to withhold contractual payments on basis of ultra vires.

Abegaze v Shrewsbury College of Arts and Technology [2010] IRLR 238 – involving the strike out of a successful race claimant in the EAT and Court of Appeal.

Bird v Stoke on Trent PCT - [UKEAT/0074/11] involving suitability of alternative employment in a redundancy case.

Rustamova v Governing Body of Calder High School - [UKEAT/0592/11] a controversial case involving the misconduct dismissal of a teacher in which Andrew was praised by HHJ Birtles for his “cogent submissions”.

Rustamova v Governing Body of Calder High School (No 2) - [UKEAT/0592/11] involving Burns/Barke referral and an unsigned ET judgment.

Tan v Solihull Community Housing Ltd - [UKEAT/00050/14/DA] involving sufficiency of reasons and remission principles.