Newbold v Leicester City Council (1999) ICR 1182CA
Council right to withhold contractual payments on basis of ultra vires.
Andrew McGrath is a specialist employment practitioner, with over 25 years of experience representing employees / employers in the High Court, Employment Tribunal / Employment Appeal Tribunal.
Andrew 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.
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).
Council right to withhold contractual payments on basis of ultra vires.
involving the strike out of a successful race claimant in the EAT and Court of Appeal.
"A great communicator who provides incisive advice."
"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."
‘Employment law guru’ Andrew McGrath is ‘an excellent advocate’.
Andrew McGrath has "huge commitment and determination"
Andrew McGrath is ‘thoroughly reliable’, and his ‘significant experience and vast knowledge of employment law allows him to identify the key issues quickly’.
"His practice includes restrictive covenants, TUPE and equal pay cases."
"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"
"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."
"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’."
"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!"
"…what a perfect advocate you were for me and how impressed and inspired I was by your measured ways…"
"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."
"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."
"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."
