Email

joel.smith@mscms03.wpengine.com

 

Expertise

Discrimination: all aspects & particularly disability discrimination

Redundancy and restructuring including Protective Awards

Restrictive Covenants

Trade union victimisation and detriment

TUPE (Failures to consult and dismissals)

Unfair constructive dismissal

Unfair dismissal (including unfair redundancy selection, ill health and misconduct)

Whistleblowing claims

 

Career History

Monaco Solicitors: Senior Employment Solicitor: April 2022 – Present
Thompsons Solicitors: Senior Solicitor: 2016 – 2022

About Joel Smith

I understand that the imbalance of power between an employee and employer can be intimidating and am committed to helping employees rebalance the scales. I have only represented employees for over 20 years.

Whilst advising objectively, I am empathetic and work with you to reduce the stresses caused by employment disputes.

I have considerable experience in providing clear and realistic advice on the merits of claims as well as conducting litigation in all my areas of expertise (see above). I also pride myself on being able to explain the law clearly and demystify the apparent complexity.

My experience includes dealing with higher value claims for unfair dismissal where I have regularly negotiated outcomes (at the remedy stage or via settlements) at a value close to the applicable statutory cap.

Advice and litigation about issues of disability discrimination is one of my particular strengths. This is an important area for many clients given a lack of awareness of disability and the possibility of uncapped compensatory awards.

My expert legal knowledge and skills will ensure you understand your legal rights at work and how to get the best possible outcome from negotiations with your employer.

If your employer won’t negotiate, I am able to provide advocacy at the employment tribunal as well as draft documents (claim forms, schedules of loss, witness statements etc) for all aspects of employment tribunal procedure.

Significant cases:

Waddingham v NHS Business Authority [2015]; a reported case in which the Tribunal found the Respondent had failed to make reasonable adjustments to a competitive interview process. The Claimant received in excess of £90,000 compensation.

A v a public authority: a claim for disability discrimination as a consequence of a capability dismissal. Compensation awarded by the Tribunal in excess of £70,000.00.

M v A Government Department: An employee with PTSD was dismissed for capability without reasonable adjustments being implemented. Settlement agreed in excess of £125,000.

G v a Council: I acted for a client with a profound disability dismissed for capability without reasonable adjustments being implemented. The claim was valued in excess of £750,000.00 and defended by the Respondent to the door of the Tribunal. Settlement agreed including compensation and reinstatement.

M v Network Rail Infrastructure Ltd: A successful claim at the Employment Tribunal for a failure to make reasonable adjustments. Remedy included Employment Tribunal’s recommendations for steps to be taken to eliminate the discrimination.

Mansell & others v West Yorkshire Fire Authority [EAT]; Reported decision: a novel case confirming that awards for Injury to Feelings can be made for claims of detriment arising from the Working Time Regulations.

W v Private Sector employer: A claimant successfully claimed for sexual harassment at her workplace with long-term loss; the Tribunal awarded compensation exceeding £80,000.00.

An employee v a Council & another: A claim for sexual harassment. Settlement agreed for £12,500.00

Y vs a Public Authority. Claim for race discrimination by a Senior Executive. Settlement agreed in excess of £100,000.