Andrew MacPhail

Andrew MacPhail

Call 2007
Email andrew.macphail@3pb.co.uk
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Employment

Andrew specialises solely in employment law.

Prior Experience

Before retraining as a barrister Andrew spent nine years in the corporate world. During this time he rose to become a senior manager in a successful niche consultancy. This experience enables Andrew to appreciate employment disputes, and their context, on a very practical level. He is able to bring this experience to bear with great effect on behalf of his clients, especially with advisory and tribunal work.

Prior to joining 3PB Andrew gained invaluable experience working in the employment department of a major corporate firm. He also completed his pupillage in employed practice under the supervision of an experienced employment barrister and part-time employment judge.

General employment law

Andrew is regularly instructed to act on behalf of claimants and respondents in claims covering a wide range of employment law areas. His experience includes unfair dismissal, constructive dismissal, discrimination, harassment, equal pay, TUPE, unauthorised deductions and breach of contract. Recent cases include a five day multi-disciplinary discrimination hearing with multiple witnesses on both sides.

Recent cases of interest include:

  • whether a failure to inform and consult (TUPE) on the part of a transferor can be pursued against a transferee alone without the transferor having been named as a Respondent;
  • whether equal pay claimants can require a “GMF” hearing to be listed before proving a prima facie case of discrimination;
  • whether a decision to dismiss claims upon withdrawal (which provided a Respondent with the defence of res judicata) should be reviewed on the grounds that the lack of objection to dismissal had not been in accordance with the claimants’ wishes; and
  • whether ticking the race discrimination box on an ET1 is enough to raise a claim of race discrimination.

Recent successes include:

  • successful application for full costs at the end of a two day unfair dismissal hearing (the amount subject to final figure being agreed between parties – circa £10,000);
  • successful defence of the application for review of decision to dismiss referred to above;
  • successful defence of an application for disclosure of comparator pay data on grounds of disproportionality; and
  • successfully arguing that an application for interim relief cannot succeed where the relevant claim has been lodged prior to the termination date;

Equal pay

Andrew has particular expertise in advising and representing local authorities with respect to mass equal pay litigation arising from the "Single Status" agreement and related matters.

Conferences and seminars

Andrew enjoys speaking at conferences and delivering training seminars. He is happy to explore potential options upon enquiry. Recent events include:

  • Delivering a speech on “Equal Pay Litigation” at an event for local authorities run by South East Employers. Other speakers on the day included an extremely eminent employment QC.
  • A seminar on “TUPE” for a regional branch of the SLG group (“solicitors in local government”).
  • A seminar on “Unauthorised deductions and breach of contract” for the employment team of a major national firm of solicitors.