Tim Welch

Tim’s employment practice includes the full range of statutory claims before the ET and common law actions in the High Court.

Recent Cases

ET and EAT

Employment status

• Led by Edward Brown KC in the EAT in aviation employment status test case: Lutz v (1) Ryanair DAC (2) McGinley Aviation Limited (EAT) (2023).
• Acting as sole counsel instructed by Second Respondent in multi-party aviation employment status case: Boulton & Ors v (1) Storm Global Limited (2) Ryanair DAC (3) Parc Aviation (UK) Limited (ET) (2023).
• Advising national logistics company on employment status of drivers in business reorganisation (ET) (2023).
• Acting as sole counsel instructed by Respondent in Harrison v Lloyds Bank plc in employment status claim based on tripartite contractual arrangements (ET) (2022).

State/diplomatic immunity

• Led by Charles Ciumei KC in Taylor & Ors v Kuwait Investment Office; ET proceedings resisted on state and diplomatic immunity grounds; acting for former Vice President HR (2023).
• Acting as sole counsel in the HC against a large sovereign wealth fund in Kuwait Investment Office v Taylor & Hard; a case involving allegations of breach of fiduciary duties, conspiracy to procure a breach of contract and procuring a breach of contract (https://www.reuters.com/article/kuwait-employment-litigation-int-idUSKBN2A321Q; https://www.ft.com/content/5477e3d9-5672-4457-8124-b0cb19b23bfb) (2021).

Strike out/deposit orders

• Led by Charles Ciumei KC acting for Respondent bank in John Plant v Bank of Beirut UKEAT/0239/18/DA; successfully struck out whistleblowing and discrimination claims in proceedings in the ET, EAT, Court of Appeal and connected proceedings in the County Court 2018-2023 (ongoing).
• Successfully struck out whistleblowing and discrimination claims; acting for Respondent Canary Wharf finance company (2022).
• Successfully defended majority of claims (and obtained permission to appeal at the EAT in respect of the remainder); acting for multi-millionaire entrepreneur (ET: 2021) (EAT: 2022) (https://www.law360.com/articles/1565518/russian-tycoon-can-appeal-lawyer-s-maternity-bias-win).
• Successfully struck out a whistleblowing and discrimination claim; acting for the Respondent real estate investment fund (2021).
• Successfully struck out a disability discrimination claim; acting for the Respondent High Street Bank (2019).

Costs

• Led by Charles Ciumei KC in John Plant v Bank of Beirut; successfully obtained a costs order for the Respondent in the sum of £394,589.18 (2021) (enforcement proceedings in the County Court (2023)).
• Acting as sole counsel in Miah v FIS Capital Markets UK Ltd; successfully obtained costs following strike out of whistleblowing and discrimination claims in the sum of £15,619 (2022).

Tupe

• Acting and advising for Respondent Rail Infrastructure company in complex multi-party TUPE proceedings involving making strategic interim applications resulting in settlement of all claims on second day of trial (2020).
• Acting for Respondent in complex service provision change case involving outsourced cleaning company (2022).

Unfair dismissal

• Successfully defended complex unfair dismissal claim brought by employee dismissed for breaching COVID rules (2022).
• Advising well known news anchor in relation to discrimination and unfair dismissal claims with difficult jurisdictional issues (2022).

Miscellaneous

• Advising a BBC Journalist in relation to restructure and redundancy matters (2021).
• Acting for the Claimant in an appeal involving allegations of judicial bias (Anderson v Royal Mail Group Plc UKEATPA/1159/14/RN).
• Acting for the Respondent in an appeal on time limits (Majid v AA Solicitors Limited UKEATPA/0742/14/JOJ).

Restraint of trade & confidentiality

• Instructed in County Court proceedings in case on the application of restraint of trade and enforceability of recovery of training costs clauses (2023).
• Acting for recruitment agency in case involving employee breach of restrictive covenants; confidentiality; fiduciary duties and conspiracy to procure a breach of contract (2022).
• Acting for wealth management company in case involving breach of express and implied terms of confidentiality (2022).
• Acting for recruitment agency in application for contempt of court (2022).
• Successfully acted for Respondent tech company in Bennett & Day v Geeks 2020 (on appeal to the EAT) in case on the application of restraint of trade and enforceability of recovery of training costs clauses (https://www.ft.com/content/0164135c-0cfa-4efe-a78b-c2d0e8bdf937) (2021).
• Advising haulage company in restraint of trade case (2021).

 

Cases involving healthcare entities and professionals

• Acting for a dental surgery in Covid related contractual claim in the County Court.
• Advising a dental surgery in relation to issues arising out of the Covid furlough scheme.
• Acting for a Consultant Cardiologist in ET proceedings.
• Advising a high net worth Consultant Psychiatrist in relation to a redundancy claim.
• Advising a Consultant Cosmetic Surgeon in relation to restraint of trade and restrictive covenants.
• Advising a Consultant Surgeon in relation to a constructive dismissal claim.
• Advising a GP in a partnership dispute.
• Acting for a Radiologist in a professional disciplinary hearing.
• Acting for a Pharmacist in a pregnancy discrimination claim.
• Acting for a Harley Street therapy clinic in litigation focused on restraint of trade and restrictive covenants.
• Acting for the Hospital Director of a private hospital in a case involving allegations of disability discrimination.