
When a subjective belief can fulfill an objective test
Catherine Urquhart comments on Pilkington UK Ltd v Jones [2023] EAT 90
Published: 14th Jul 2023
Call 2010
Telephone 020 7831 0222
Email catherine.urquhart@42br.com
Catherine is a former journalist who switched to law and is now an established civil practitioner, specialising in employment law.
She has wide experience of hearings in Employment Tribunals and County Courts across England and Wales, and has a growing appellate practice in the Employment Appeal Tribunal. She has also represented clients in the High Court, and before panels such as the National Midwifery Council.
In particular, she has wide experience of unfair and wrongful dismissal claims, all types of discrimination, whistleblowing, hearings on employment status, applications for interim relief, costs arguments, and applications to strike out claims.
Catherine is qualified to accept instructions from members of the public on a Direct Access basis. She regularly takes on pro bono work through the charity Advocate.
She is ranked in Legal 500, rising to Tier 4 in the 2023 edition for employment at the London bar.
In her former life, Catherine spent nearly 20 years as a journalist, the last ten as travel editor of The Times. She finds the skills she learned on newspapers – such as interviewing and listening to people, arguing with the editor, and getting to grips with large amounts of information in a short time – translate well to her work as a barrister. Clients tell her that they value her wide experience of life and the workplace. She has a calm manner with nervous witnesses and understands that litigating to the bitter end is not always the answer – but if the fight is unavoidable, she is a strong advocate on her clients’ behalf.
Outside work, Catherine is a keen swimmer, in open water where possible, and most summers can be found swimming slowly around some of the smaller Greek islands. She is an enthusiastic amateur photographer, and has started learning German.
Catherine appears for both claimants and respondents in the Employment Tribunal and Employment Appeal Tribunal, with clients including supermarkets, airlines, local authorities, schools and universities, hotels, private individuals, companies of all sizes, and charities. She undertakes all types of employment work, from advising on the merits of a claim to drafting documents, from attending preliminary hearings through to multi-day final hearings at tribunals around the country – and, since the coronavirus pandemic, by video link.
In particular, she has experience of ‘ordinary’ and automatically unfair dismissal; constructive dismissal; redundancy; whistleblowing; dismissal on the grounds of trade union membership or activities; discrimination based on sex, race, pregnancy and maternity, religion and belief, age, and disability, including hearings to determine disability status; disputes over employment status; holiday pay; strike out applications; and applications for costs. She regularly acts for clients in judicial mediations and is experienced in drafting and advising on settlement agreements, and drafting particulars of claim, grounds of response and grounds of appeal.
She has considerable experience of interim relief hearings, and has published a guide to bringing and defending interim relief claims here.
Her employment work has led her to be ranked in Legal 500, rising to Tier 4 in the 2023 edition.
Catherine feels strongly that there is little support for litigants bringing employment claims who do not have funding (such as through insurance or their trade union). Employment tribunals can be confusing places and employment law can be complex. So for the past four years, Catherine has regularly volunteered at the Employment Tribunal Litigant in Person Support Scheme (ELIPS) at Central London Employment Tribunal, which assists litigants who cannot afford representation.
Catherine also regularly writes articles, and presents seminars in-house at solicitors’ firms, on aspects of employment law. Recent topics include: employment law pitfalls when working from home; getting the best evidence from your witness; the ‘unambiguous impropriety’ rule; how to deal with covert recordings; and managing long-term sickness absence.
She is a confident public speaker, and has helped to present the 42BR Annual Lecture in both 2021 and 2022. You can watch the 2022 Annual Lecture here.
Her recent employment work includes:
Oxford University: Modern History BA Hons (2:1)
Nottingham Trent University: LLB (First)
Graduate Diploma in Law, College of Law, London: Distinction
Bar Vocational Course, Nottingham Law School: Outstanding
Middle Temple: Queen Mother Scholarship; Baron Dr Ver Heyden de Lancey Prize
Catherine Urquhart comments on Pilkington UK Ltd v Jones [2023] EAT 90
Published: 14th Jul 2023
Catherine Urquhart represented Unite the Union, instructed by Spencer Wood of OH Parsons LLP
Published: 8th Feb 2023
Recording of the Employment Annual Lecture 2022, The Muslim Penalty?
Published: 26th Aug 2022
Join us for an Employment Law Webinar, hosted by Jason Braier and Catherine Urquhart
Published: 16th Aug 2022
In Reverend J G Hargreaves v Evolve Housing + Support [2022 EAT 122], the Employment Appeal Tribunal has clarified when time for instituting an appeal starts to run if the Employment Tribunal has sent out a corrected judgment By Catherine Urquhart
Published: 15th Aug 2022
Members of the Employment Team will take a look at some of the changes to the way we work caused by the Pandemic.
Published: 17th Nov 2021
Comments from clients
“I want to write to you specifically to let you know what a marvellous job the barrister, Cath Urquhart, did. She was simply amazing. She is details-oriented, she knew my case inside out, she was highly analytical and she did not miss any point. She was courteous during cross questioning and remained utterly professional at all times… I cannot recommend her more highly.” – Claimant represented by Catherine in a lengthy constructive unfair dismissal hearing.
“Please allow me to express my sincere appreciation of the excellent way in which you conducted my recent case. Your initial advice was constructive and throughout you were willing to discuss and explore points with me. Your cross-examination and advocacy in Court were clear and effective. I am most grateful for the preparation and effort you put in on my behalf and that you were able to achieve such a satisfactory outcome.” – Claimant represented by Catherine in a trial of a breach of contract matter.
“You rock, baby!” – feedback from nightclub-owner client after Catherine successfully defended his business in a lengthy unfair dismissal claim.