Profile

Georgina Churchhouse
Call Date: 2017
Churchhouse@12kbw.co.uk

PRACTICE OVERVIEW & BACKGROUND
Georgina specialises in employment, discrimination, commercial employment and business protection (including bonus and other contractual disputes, restrictive covenant disputes, and disputes concerning breach of directors duties, fiduciary duties, duties of confidence and database rights) data protection & information law and professional discipline matters.

In her direct access employment practice she predominantly represents Trade Unions, Employers and Senior Executives in disputes in the Employment Tribunal, High Court and Appellate Courts as well as providing advice and representation in pre action correspondence, grievances, appeals against disciplinary sanctions, the merits of future litigation and drafting initial statements of case and Notices of Appeal. She is happy to receive instructions to represent clients in Employment Tribunals outside of London and has appeared in the Scottish Employment Tribunal. She is a member of the Employment Law Bar Association, Employment Lawyers Association and Bar European Group and sits on the Executive Committee of the Discrimination Law Association.

In her data protection and information practice she advises and represents both public bodies and private parties at all levels of Tribunal and Court.

She prides herself on being approachable, practical and commercial whilst providing forensic legal analysis.

Georgina endeavours to respond to clients within 24 hours and can facilitate remote video conferencing for those further afield.

Prior to coming to the bar Georgina was a Judicial Assistant in the Court of Appeal to Lord Justice Moore-Bick (Vice President) and Lord Justice Irwin where she gained experience in a wide range of employment, civil, commercial, public and international law disputes. She also lectured employment & discrimination law at the University of Surrey and tutored constitutional & administrative law and tort law at King’s College London and Queen Mary University of London. Additionally, she gained extensive advocacy and advisory experience in employment law as an Employment Caseworker at a Law Centre where she independently ran her own caseload of employment tribunal claims and as a Free Representation Unit volunteer. She has completed a stage at the European Court of Human Rights and was also part of the Cambridge Pro Bono Project Team which advised the Inter-American Court of Human Rights on an Advisory Opinion.

EMPLOYMENT, DISCRIMINATION, COMMERCIAL EMPLOYMENT LAW & BUSINESS PROTECTION
Georgina specialises in the full spectrum of individual, collective, commercial and international employment law as well as discrimination law in employment, education, goods and services. She appears at all levels of court and tribunal at first instance and on appeal and acts for both Claimants and Respondents across a range of sectors.

Georgina has a particular interest in employment status, working time, whistleblowing, discrimination and commercial employment cases. She also has a particular enthusiasm for utilising European and human rights law to advance her client’s case and was recently awarded a Phoenicia Scholarship by the Bar European Group. Her employment instructions often intersect with data protection and personal injury issues and she is well placed to put her experience in personal injury to effect when dealing with discrimination claims, stress at work and harassment claims, modern slavery claims and claims for non-material damage under the GDPR and distress under the DPA 2018.

Georgina is well placed to act in employment claims arising from COVID-19 having provided training to solicitors on whistleblowing detriment & dismissal, health & safety detriment and dismissal and the CJRS and having recently advised a Trade Union on the rights of its members at work during COVID-19.

Examples of Georgina’s current and recent employment and discrimination work include:

APPELLATE WORK

Court of Appeal

Georgina has experience appearing as junior counsel and drafting grounds of appeal, skeleton arguments and costs protection applications in appeals.

* Ibrahim v HCA International Ltd [2019] EWCA Civ 2007 (led). Appeal clarifying the operation of the subjective limb of the public interest test in Chesterton v Nurmohamed [Whistleblowing].

* Gomes v Higher Level Care Ltd [2018] EWCA Civ 418 (led). This is the leading case on compensation for breaches of the Working Time Directive and was one of Michael Rubenstein’s top employment cases to watch owing to the case’s significant implications for the protection of workers’ rights. Georgina acted at all stages of proceedings [Working Time].

* Chesterton v Nurmohamed [2017] EWCA Civ 979 (as a judicial assistant). Whistleblowing appeal concerning the public interest test under s43A ERA 1996 [Whistleblowing].

* Interim Executive Board of Al Harij School v Chief Inspector of Education, Children’s Services and Skills [2017] EWCA Civ 1787 (as a judicial assistant). Discrimination appeal concerning the concept of direct mirrored sex discrimination and segregation in schools [Discrimination].

* Brogden v Investec Bank Plc [2016] EWCA Civ 1031 (as a judicial assistant). Breach of contract appeal concerning bankers’ bonuses [Commercial, Breach of Contract].

Employment Appeal Tribunal

Georgina has experience acting as sole counsel drafting grounds of appeal and skeleton arguments and appearing unled in the EAT.

*Instructed to draft Grounds of Appeal in an appeal concerning the scope of the doctrine of unambiguous impropriety as an exception to the without prejudice rule (ongoing) [Discrimination, Procedure].

*Instructed to draft Grounds of Appeal in an appeal against a case management decision and the application of the principles in Kwik Save Stores Ltd v Swain [1979] ICR 49 (ongoing) [Procedure].

*Currently Instructed to advise on the merits of an appeal to the EAT concerning the law of contributory conduct in unfair dismissal (ongoing) [Unfair Dismissal].

* Gomes v Higher Level Care [2016] IRLR 678 (unled). This is the leading case on compensation for breaches of the Working Time Directive and was one of Michael Rubenstein’s top employment cases to watch owing to the case’s significant implications for the protection of workers’ rights [Working Time].

TRIALS
Georgina regularly appears in multi-day trials for both Claimants and Respondents. Examples of her current and recent work include being:
*Instructed by the Claimant, a Consultant Doctor in an NHS Trust, in an 8-day Whistleblowing, Dismissal and Detriment dispute and associated High Court proceedings for breach of contract (ongoing) [Whistleblowing] [Breach of Contract] [High Court Employment Law].

*Instructed by the Claimant working as a University Tutor & Lecturer in a 7-day disability discrimination, reasonable adjustments, harassment, unfair dismissal and unlawful deduction of wages liability hearing. (ongoing) [Disability Discrimination, Harassment, Failure to Make Reasonable Adjustments, Unfair Dismissal, Unlawful Deductions].

*Instructed by the Respondent a Global Marketing agency in the publishing sector, in a 6-day Sex Discrimination, Disability Discrimination, Harassment and Failure to Make Reasonable Adjustments Claim) (ongoing) [Sex Discrimination, Disability Discrimination, Harassment, Failure to Make Reasonable Adjustments].

*Instructed by the Claimant working in the banking sector in a 5-day direct sex discrimination, discrimination by association, victimisation and sexual harassment case (matter settled on favourable terms to the Claimant shortly before trial) [Sex Discrimination, Victimisation, Harassment].

*Instructed on behalf of the Claimant, in a 5-day constructive unfair dismissal and health & safety dismissal case (ongoing) [Constructive unfair dismissal, Health and Safety Dismissal].

*Instructed by the Respondent, a national retailer, in a 4-day race discrimination, harassment, victimisation and holiday pay case. Georgina advised settlement on very favourable terms to the Respondent shortly before trial [Race Discrimination, Victimisation, Harassment, Holiday Pay, Unlawful Deductions].

*Instructed by the Claimant working in the care sector in a 4-day employment status, working time, unlawful deduction of wages, breach of contract and holiday pay case. Georgina obtained a 5-figure judgment for the Claimant [Employment Status, Working Time, Breach of Contract, Unlawful Deductions].

*Instructed by the Claimant working in the civil service in a 3-day unfair dismissal claim following dismissal on gross misconduct grounds. Georgina successfully obtained a finding of unfair dismissal. [Unfair Dismissal - Conduct].

*Instructed by the Claimant an army reservist working in the finance sector in a 3-day trial (ongoing) [Unfair Dismissal - Capability].

*Instructed by the Claimant working in the tech sector in a 2-day constructive unfair dismissal and wrongful dismissal claim. Georgina obtained a five figure Judgment for the Claimant [Constructive Unfair Dismissal, Wrongful Dismissal].

*Instructed by the Claimant working in the retail sector in a 2-day unfair dismissal and wrongful dismissal claim [Unfair Dismissal-Conduct].

*Instructed on behalf of the Claimant Director and 50% shareholder in the Respondent Company, in a 2-day dispute surrounding employee and worker status (ongoing) [Employment Status].

PRELIMINARY HEARINGS

* Appearing at numerous preliminary hearings on various matters, including strike out, disclosure applications and case management hearings.

DRAFTING
Georgina’s drafting experience includes;

• Drafting Particulars of Claim and Response, Schedules of Loss, requests and responses for further and better particulars and disclosure applications in the full range of statutory employment claims.

*Drafting Grounds of Appeal and skeleton arguments in appeals to the EAT and Court of Appeal [Appellate].

*Drafting submissions on the scope of the unambiguous impropriety doctrine and its effect on the without prejudice rule [Discrimination, Whistleblowing, Procedure].

*Drafting a Defence for an employer, an NHS Trust, in a Data Protection, Misuse of Private Information & Breach of Confidence Matter [Data Protection, Misuse of Private Information, Breach of Confidence].

*Drafting a Letter Before Action and Deed of Undertaking for an employer, in the recruitment sector, in a data theft case [Employee Competition & Business Protection].

*Instructed by the Claimant to draft a letter before action, DSAR and without prejudice correspondence in a maternity discrimination, whistleblowing, wrongful dismissal and holiday pay claim [Maternity discrimination, whistleblowing, wrongful dismissal, holiday pay].

ADVISORY
Georgina welcomes instructions to advise on all manner of employment disputes. Having acted as a Judicial Assistant at the Court of Appeal producing opinions on appeals for Lord Justices on a daily basis and having herself drafted grounds of appeal and skeleton arguments in matters before both the Court of Appeal and EAT, she is also well placed to advise on potential grounds of appeal.

Examples of Georgina’s advisory experience include;

*Instructed to advise a Trade Union on the rights of its members during the COVID-19 crisis. [Constructive Unfair Dismissal, detriment, unlawful deduction of wages, whistleblowing, interim injunctions].

*Parties confidential: successfully obtained full quantum at the pre-action stage of proceedings in a breach of contract claim against an International & Premier League Footballer [Breach of Contract].

*Parties confidential: advised an employee in the tech sector on the effect of proposed post termination restrictions [Employee Competition & Business Protection].

*Parties confidential: advised peripatetic worker on a complex territorial jurisdiction case [Jurisdiction, International Employment Law].

*Instructed to advise on the merits of a claim in unfair and wrongful dismissal for a Claimant in the publishing sector [Constructive Unfair Dismissal, Health and Safety Dismissal].

*Instructed to advise on the merits of a claim in unfair dismissal for a Claimant in the energy sector [Unfair Dismissal - Conduct].

*Instructed to advise on the merits of a claims for unfair dismissal and wrongful dismissal for numerous Claimants in the retail sector [Unfair Dismissal - Conduct].

*Instructed to advise on the implications of the TUPE regulations for the Defendant employment in a civil claim. [TUPE].

*Parties confidential: advised a Claimant in the retail sector in a complex disability discrimination, harassment, victimisation, failure to make reasonable adjustments and unfair dismissal claim [Discrimination, Harassment, Victimisation, Unfair Dismissal- Capability].

*Parties confidential: advised a Claimant in the IT sector on a complex perceived disability discrimination claim [Discrimination].

*Parties confidential: advised a Claimant in the hospitality sector on an unfair dismissal and unlawful deduction of wages claim [Unfair Dismissal - Conduct].

*Parties confidential: advised a Claimant in the cleaning industry on an unlawful deduction of wages and breach of contract claim [Breach of Contract].

* Parties confidential: advised a Claimant in the security sector on the effect of a TUPE transfer [TUPE].

DATA PROTECTION & INFORMATION

Georgina accepts instructions to advise or appear in matters involving the Freedom of Information Act, Data Protection Act, GDPR, PECR, Articles 8 and 10 ECHR, breach of confidence and misuse of private information.

She has a particular enthusiasm for utilising European and human rights law to advance her client’s case and was recently awarded a Phoenicia Scholarship by the Bar European Group.

Examples of Georgina’s current work in this field include: –

*Instructed to settle a Defence for an employer, an NHS Trust, in a Data Protection, Misuse of Private Information & Breach of Confidence Matter. [DPA 1998, Misuse of Private Information, Breach of Confidence].

*Instructed to advise a private members club on its liability under the Data Protection Act 2018 and GDPR [DPA 2018, Misuse of Private Information, Breach of Confidence].

*Instructed to advise and draft numerous Data Subject Access Requests in connection with proposed Employment Tribunal Proceedings [DPA 2018].

PROFESSIONAL DISCIPLINE & REGULATORY
Georgina welcomes instructions from employees, employers and regulators in professional discipline and regulatory matters. Prior to coming to the Bar, she gained experience advising an accountant seeking to challenge disciplinary action taken against him during the course of training. She recently assisted in drafting a response to an invitation to a disciplinary meeting for an employee in the Banking sector.

Examples of Georgina’s recent work include:

*Drafting written submissions for use in a disciplinary hearing for an FX trader employed by a Global Bank accused of professional misconduct in the financial services sector. [Financial Services, Financial Conduct Authority].

*Drafting written submissions for use in an appeal hearing for an FX trader employed by a Global Bank accused of professional misconduct in the financial services sector. [Financial Services, Financial Conduct Authority].

EU & HUMAN RIGHTS
Georgina has a particular interest and expertise in EU & human rights law and enjoys applying EU and human rights law to her core areas of practice to find novel remedies for her clients. Her employment cases have been reported in the Common Market Law Review and she was recently awarded the Phoenicia Scholarship by the Bar European Group.

She has a strong grasp of human rights law having taken specialist options in civil liberties and international human rights in her LLM at Cambridge University and having undertaken a stage at the ECtHR. Before coming to the Bar, she was Visiting Lecturer in public law at King’s College London and Teaching Fellow in public administrative law at Queen Mary University. As a Judicial Assistant in the Court of Appeal she also wrote opinions on a number of appeals involving points of EU law and human rights law.

As such Georgina is well placed to act in employment and data protection cases requiring an understanding of European and human rights law

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