Dominic Bayne

Dominic has considerable experience in all areas of employment law; with a particular emphasis on discrimination and TUPE claims. He regularly acts for both public and private sector employers, and for employees. He routinely appears in the ET and EAT, as well as in employment related court claims, and has experience in appellate courts at all levels.

Discrimination and Equal Pay

Dominic is frequently instructed in lengthy discrimination claims involving multiple allegations over extended periods. He has recently acted for both Claimants and Respondents in claims for sexual orientation discrimination, age discrimination, sex discrimination and race discrimination; but he has particular experience in disability discrimination claims, and has recently successfully appealed to the EAT on issues relating to reasonable adjustments and s15 discrimination.

Dominic has also been involved in a number of high profile local authority and NHS equal pay claims, including a test case on the issue of bonus payments in which he obtained permission to appeal to the Supreme Court.

Unfair Dismissal and Redundancy

Dominic routinely advises and appears in all manner of unfair dismissal, and constructive unfair dismissal claims, both at first instance and on appeal; often involving high earning employees or where the statutory cap is engaged. His recent cases have involved issues such as scape-goating, computer misuse, employee status, geographical jurisdiction, applicable time limits, use of social media, and incapacity caused by an employer’s negligence.

Dominic has also acted in several multiple redundancy claims, in which he has appeared for both employer and employees.

TUPE

Dominic has an unhealthy interest in the TU(PE) Regulations. He has acted in a number of substantial multi-party TUPE transfer claims, involving both service provision change and business transfers, and engaging both individual and collective rights. He has recently appeared in the EAT in a test case on the correct interpretation of the service provision change definition.

Whistleblowing

In recent years, Dominic has acted in several lengthy and complex whistleblowing cases, including successfully defending a claim involving 49 separate alleged disclosures, the schedule of which alone ran to several hundred pages.

Restraint of Trade and Breach of Contract

As a result of his chancery/commercial practice, Dominic is particularly adept at handling employment related claims in the High Court and County Court. He is often instructed to seek or resist injunctive relief and damages in post termination restraint of trade claims, and in claims involving the alleged misuse of confidential or proprietary information; as well appearing in breach of contract claims arising out of the dismissal of higher earning employees.

Collective Rights and Trade Unions

As well as frequently acting in collective claims arising out TUPE transfers and redundancy dismissals, Dominic also has experience of advising employers on trade union disputes.