Profile

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

PRACTICE OVERVIEW & BACKGROUND
Georgina specialises in employment, discrimination, commercial employment and business protection, data protection and professional discipline matters. In her direct access practice she predominantly represents Employers and Senior Executives in disputes in the Employment Tribunal, High Court and Appellate Courts as well as providing advice on the merits of future litigation and drafting initial statements of case and Notices of Appeal. She is happy to receive instructions to represent clients outside of London. She prides herself on being approachable, practical and commercial whilst providing forensic legal analysis. She is a member of the Employment Law Bar Association, Employment Lawyers Association and Bar European Group.

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.

Owing to her prior background as a FRU Volunteer, Employment Caseworker, Lecturer in employment & discrimination law and Judicial Assistant in the Court of Appeal, Georgina has employment and discrimination experience beyond her call date. As such she is fast developing a busy trial, appellate and paperwork practice and recently appeared in her second case in the Court of Appeal.

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 disability 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.

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.

* 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 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 shortly before trial) [Discrimination].

* Instructed by the Respondent, a national retailer, in a 4-day race discrimination, harassment, victimisation and holiday pay case (matter settled on favourable terms shortly before trial) [Discrimination, 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 (ongoing) [Unfair Dismissal].

* 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 [Unfair Dismissal, Wrongful Dismissal].

* Instructed by the Respondent, a care provider in a holiday pay dispute (ongoing) [Holiday Pay].

* Instructed by the Claimant working in the civil service in a destructive occupational stress claim (ongoing) [Stress at Work].

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

* 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].

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

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;

* 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 a Claimant in the retail sector in a complex disability discrimination, harassment, victimisation, failure to make reasonable adjustments and unfair dismissal claim [Discrimination, Unfair Dismissal].

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

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

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

* 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].

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

DATA PROTECTION
Georgina’s employment instructions often intersect with data protection issues and she is well placed to put her experience in personal injury to effect when dealing with claims for non-material damage under the GDPR and distress under the DPA 2018.

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.

She recently settled a Defence for an employer, an NHS Trust, in a Data Protection, Misuse of Private Information & Breach of Confidence Matter.

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.

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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