Colin Banham - Employment
Colin is regularly instructed to represent claimants and respondents in the Employment Tribunal, EAT and other appellate courts. He advises and represents in a wide variety of cases, including claims relating to discrimination, unfair dismissal, TUPE and redundancy. He has conducted all types of employment litigation, including complex contentious claims involving lengthy hearings. He often advises clients after difficult internal investigations or the misuse of attendance management procedures.
In particular, Colin has extensive experience of actions taken by police officers against Chief Officers in claims for both discrimination and whistleblowing.
Colin undertakes work on behalf of claimants who are backed by their trade union or staff association, insurance-backed claims and privately paying individuals. Colin accepts instructions via direct access.
MC v LB of Kensington & Chelsea (2016): Acting for the claimant in an unfair dismissal and indirect sex discrimination claim arising from a ‘sham’ redundancy.
F v G Ltd (2016): Acting for the respondent in a pregnancy discrimination claim where the claimant was dismissed. The respondent successfully submitted that the dismissal was retracted by mutual agreement the following day, resulting in significant reduction in the compensatory award.
RF v RBS (2016): Acting for the claimant in an unfair dismissal claim arising from a ‘sham’ redundancy, where the claimant had been informed prior to the consultation that a decision had been made to make ‘him’ redundant.
LS v CC of TVP (2016): Disability discrimination claim concerning the use of the Police Performance Regulations and sickness-related absence. Relying upon the recent authority of Griffiths v Secretary of State for Work and Pensions  EWCA Civ 1265, the case involved arguments that the use of the Regulations in the specific circumstances were not justified and amounted to discrimination arising from disability.
LP v CC of Derbyshire (2015): Unfair dismissal claim brought by a civilian member of staff arising from a refusal to take a ‘with cause’ drugs test due to pre-existing medical condition.
MC v CC of TVP (2015): Disability discrimination claim arising from the respondent’s treatment of an officer on long-term sick leave, refusal to follow medical advice upon the claimant’s return to work. Further victimisation case arising from amendments by the respondent to a Health and Safety Report relating to the treatment of the claimant giving rise to the initial claim, once it had been lodged with the Employment Tribunal.