MC v LB of Kensington and Chelsea
Acting for the claimant in an unfair dismissal and indirect sex discrimination claim arising from a ‘sham’ redundancy.
Colin Banham is one of the leading barristers who specialises in police law and employment law.
For over twenty years, he has been instructed by the Police Federation of England & Wales to represent officers from all ranks at gross misconduct hearings, gross incompetent meetings, the Police Appeals Tribunal and the High Court on Judicial Review. He has vast experience dealing with complex and lengthy cases and regularly represents officers at subsequent Inquests. Most Inquests that he conducts are before a jury and Article 2 compliant. These often involve complex issues and significant press attention and, therefore, require sensitive handling.
He was the only Barrister instructed to provide advice at the national level for the PFEW consultation into the current regime brought in by the Police (Conduct) Regulations 2020, Police (Performance) Regulations 2020 and the associated HOG. He has also been instructed to provide advice at national level for PFEW in relation to Regulation 13, Confidentiality for Police Federation Representatives, the Code of Practice, Code of Ethics Framework, and the ‘Duty of Candour’.
Colin’s involvement in recent High Court cases includes R (on the application of Weed) v Metropolitan Police Commissioner [2020] EWHC 287 (Admin), R (on the app. of Commissioner of Police for the Metropolis) v PAT & Gutty [2022] EWHC 1951 (Admin), R (on the app. of Humpherson) v PAT & CC of West Midlands Police[2022] EWHC 2424 (Admin) and R (on the app. of Nicholas Barnes) v CC of Thames Valley Police [2023] EWHC 2737 (Admin).
He has an extensive knowledge of the ill-health retirement provisions and has represented numerous officers before the Police Medical Appeals Board and High Court (e.g. R (on the app. of CC of Avon & Somerset) v PMAB & Middleton [2019] EWHC 557 (Admin)).
Colin’s other field of expertise is employment law, particularly in relation to claims by police officers and others for discrimination and whistleblowing. He regularly appears before Employment Tribunals and in the Employment Appeal Tribunal, for example, CC of Gwent Police v Parsons & Roberts, UKEAT/0143/18/DA and Patel v The Commissioner of the Police of the Metropolis, UKEAT/0301/19/BA.
He conducts training for members of the Police Federation, PSD, HR and solicitors in all matters relating to police law.
Colin regularly appears before other regulatory bodies (legal, medical and Courts Martial) and works in the financial services field. He has also appeared before the High Court against the Solicitors Regulation Authority on appeal from the Solicitors Disciplinary Tribunal, for example successfully challenging the outcome in Lawson v Solicitors Regulation Authority [2015] EWHC 1237 (Admin).
Colin retains a private criminal practice, particularly emphasising quasi-civil disputes and road traffic matters.
Colin practices the following areas:
Colin Banham one of the leading Barristers specialising in police law. For over twenty years, has been instructed by the Police Federation of England & Wales to represent officers from all ranks at gross misconduct hearings, gross incompetent meetings, the Police Appeals Tribunal and the High Court on Judicial Review. He has vast experience dealing with complex and lengthy cases and regularly represents officers at subsequent Inquests. Most Inquests that he conducts are lengthy Article 2 matters, which involve complex issues, significant press attention and therefore require sensitive handling.
He was the only Barrister instructed provide the advice at national level for the PFEW consultation into the current regime brought in by the Police (Conduct) Regulations 2020, Police (Performance) Regulations 2020 and the associated HOG. He has also been instructed to provide advice at national level for PFEW in relation to Regulation 13, Confidentiality for Police Federation Representatives, the Code of Practice, Code of Ethics Framework, and the ‘Duty of Candour’.
Colin’s involvement in recent High Court cases includes R (on the application of Weed) v Metropolitan Police Commissioner [2020] EWHC 287 (Admin), R (on the app. of Commissioner of Police for the Metropolis) v PAT & Gutty [2022] EWHC 1951 (Admin), R (on the app. of Humpherson) v PAT & CC of West Midlands Police[2022] EWHC 2424 (Admin) and R (on the app. of Nicholas Barnes) v CC of Thames Valley Police [2023] EWHC 2737 (Admin).
He has an extensive knowledge of the ill-health retirement provisions and has represented numerous officers before the Police Medical Appeals Board and High Court (e.g. R (on the app. of CC of Avon & Somerset) v PMAB & Middleton [2019] EWHC 557 (Admin)).
He conducts training for members of the Police Federation, PSD, HR and solicitors in all matters relating to police law.
Colin is regularly instructed to represent claimants and respondents in the Employment Tribunal and the Employment Appeal Tribunal. He advises and represents in a wide variety of cases, including claims relating to discrimination, whistleblowing, 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 internal 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.
Acting for the claimant in an unfair dismissal and indirect sex discrimination claim arising from a ‘sham’ redundancy.
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.
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.
Disability discrimination claim concerning the use of the Police Performance Regulations and sickness-related absence.
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.
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.
Colin regularly represent interested parties whether they be bereaved families, companies, authorities or organisations at Inquests. He is instructed to represent in Inquests arising from a wide range of circumstances, including deaths in custody, deaths in prison and healthcare institutions, deaths during medical procedures and deaths following attendance by emergency services.
He specialises in deaths following involvement of the emergency services, in particular, police involvement. He is able to draw on a large amount of experience representing police officers both at Inquests and in front of other tribunals.
Most of the Inquests involving police officers are in front of a jury and Article 2 compliant. These Inquests often involve complex issues, significant press attention and therefore require sensitive handling.
Colin is able to provide high quality advice and representation and is well-positioned to cater for the level of demand from those individuals.
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Colin Banham and Christopher Hopkins recently succeeded in securing acquittals for two SIA licensed court security officers following an incident at Croydon Magistrates’ Court in…
"Very personable and easy to work with. He's unflappable and achieves very good results. He is a persuasive and highly effective advocate."
"Colin is a very experienced and knowledgeable counsel. He is regularly instructed by clients who rely on his diligence, tactical acumen, and hard work."
"Colin is an astute advocate who always provides sound, comprehensive advice."
"Colin absolutely knows his stuff and he is all over the details." "Colin Banham is bright, incisive and tactically very astute. Colin is always on top of the issues involved. His knowledge of the police disciplinary procedures, associated regulations and case law is second to none."
"Colin is very good with the clients. He has the ability to put their mind at rest by demonstrating that he has a complete command of the brief. He is incredibly hard working, always devoted to whichever case is instructed on."
"Go-to counsel for many solicitors due to having so many strengths. He works tirelessly in his preparation to ensure that he is on top of his game in every case. He handles difficult clients well, managing their expectations and ensuring that they understand the potential obstacles to the success of their case. He also picks his battles wisely to ensure that a client has the best chance of winning the overall war; and he has a great manner and wit, which he uses appropriately to win over the most difficult tribunals, while remaining alert to all potential sensitivities."
"Bright, incisive and tactically astute."
"Very knowledgeable, approachable and gets great results for his clients"
"Clients feel he is in their corner"
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Colin Banham and Christopher Hopkins recently succeeded in securing acquittals for two SIA licensed court security officers following an incident at Croydon Magistrates’ Court in…
