'Very good with clients, and a fierce cross-examiner.'
Legal 500

Alice Mayhew
Year of Call 2001

Alice is a specialist in employment litigation. Her work covers a wide spectrum of complex cases including all types of discrimination, equal pay, whistleblowing and breach of contract claims. Alice regularly appears in the Employment Tribunal and High Court as well as the appellate courts. She has extensive experience acting for a wide variety of clients such as those operating within aviation, construction, financial services and multi-nationals as well as individuals, the police and government organisations. Alice takes a partnering approach to managing client relationships and is approachable and easy to deal with.

Alice also undertakes professional negligence work particularly of an advisory nature and helps form strategy from an early stage of proceedings.

Alice is recommended as a Leading Junior in Chambers and Partners UK (2014) and Legal 500 (2013) and (2014).

  • RECOMMENDATIONS

    Alice is "very good with clients, and a fierce cross-examiner" Alice has been ranked as a Leading Junior in Employment for Legal 500 2014

    Alice is "a skilful junior whose practice embraces discrimination and breach of contract disputes. Sources particularly value her incisive cross-examinations." Alice "doesn't get waylaid by irrelevant points, and becomes part of the team, readily offering support to both clients and witnesses." Chambers UK 2014 

    'Alice is my first choice. She is great to work with, really understands the issues and is a formidable advocate. Alice is excellent with clients, and is a fierce and effective cross-examiner. She is extremely helpful and easy to work with, and really goes the extra mile’. David Von Hagen, Partner and Head of Employment Winckworth Sherwood

    'Thank you so much for all your excellent work... You were everything a needy in house lawyer could want – technical and able to cut through the morass to understand the claims, on top of the facts, and unfailingly obliging about answering my random questions and handholding as we went through the process.  Thank you very much – it has been greatly appreciated and you’ve been a real pleasure to work with.' Lucy Kilroy, Senior Counsel, Xerox Europe

    Alice was instructed in relation to a complex discrimination and whistle-blowing case in which we acted for the Claimant.  The Claim was a high value claim and involved complex issues relating to future losses. Alice was highly responsive, extremely thorough and was strong tactically in the face of an aggressive defence. I would have no hesitation recommending Alice as counsel in complex employment tribunal litigation. Sara Frisby, Consultant Solicitor, Morgan Russell

    Alice’s style of cross examination effectively undermines the Claimant’s case without alienating the Tribunal by being overly aggression.  Client friendly and a number one choice for tricky discrimination claims. Associate, City Law Firm

     

     

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  • Employment

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    Alice regularly represents both respondents and claimants in the employment tribunal, county court, high court and employment appeal tribunal in all areas of employment. Recent cases of interest are:

     Court of Appeal

    • B v Micheldever Tyre Services [2014] EWCA Civ 716 - defended appeal against the decision of the EAT to substitute it's decision rather than remit the matter to the ET. Widely reported.

    Employment Appeal Tribunal

    • Bennett Gould and Partners Ltd v O (2014) - represented the respondent at an expedited EAT hearing appealing against refusal to stay ET proceedings where there are High Court proceedings.

    • M v Game Retail Ltd (2013) - defended appeal that the ET had applied the wrong burden of proof in a complicated TUPE unfair dismissal case.

    • B v Ebay Ltd (2013) - acting for appellant against decision of ET finding that a claim was brought within time where solicitor's advice had been relied upon.

    • Micheldever Tyre Services Ltd v B (2013) - challenged findings of victimisation and direct race discrimination. Subject to a cross-appeal on similar issues.

    • J v London Underground Ltd & Anor (2013) - defended appeal against strike out part way thought case. Represented respondent in Court of Appeal at permission stage.

    • B v Mellons Ltd & Anor (2011) - defended appeal against multiple claims of disability discrimination, harassment and victimisation and constructive unfair dismissal. Instructed at first instance (7 day hearing).

    • R v Hammersmith and Fulham Homes Ltd (2011) - challenged finding C should have been assimilated during the Respondent's reorganisation.

    • B v The Commissioner of Police of the Metropolis (2010) – appealed finding that step one of the statutory disciplinary procedure had not been complied with.

    • Dansie v The Commissioner of Police of the Metropolis [2009] All ER (D) 117 (DEC) - defended appeal against decision that a dress code policy was non-discriminatory against male police officers by requiring them to have short hair.

    High Court

    • E Ltd v F (2014) EWHC (QB) represented an employee against an application for an interim injunction where confidential information was alleged to have been taken.

    • G Ltd v H (2013) EWHC (QB) represented a specialist pharamaceuticals company in obtaining an interim injunction (dealing with misuse of confidential information and restrictive covenants). The matter was settled before the return date in G Ltd's favour. Later represented the Claimant in proceedings alleging that terms of the undertakings had been breached in contempt of court.

    • L v B NHS Trust (2012) EWHC (Admin) represented an NHS Trust in relation to injunctions obtained on a without notice application staying disciplinary proceedings for gross misconduct.

    • E E & R Ltd v B (2012) EWHC (QB) represented the company in proceedings against an ex-employee. Obtained orders for delivery up of devices and instruction of a single joint expert to carry out forensic examination of the devices.

    County Court

    • F v B Bank Ltd - (2013) - successfully represented a high street bank against allegations of race discrimination in the provision of its services at a high street branch. Alice is representing the bank on appeal before the High Court.

    Employment Tribunal

    • N v Chestertons (2014) - successfully represented the Claimant in a complicated whistleblowing case under the new legislation.

    • E-T v Mace Ltd (2014) - represented Respondent against a claim that an applicant for a role within the company had been racially discriminated against. Obtained costs against the Claimant.

    • G v CRBE Ltd & Anor (2013) successfully represented the Claimant at a PHR to decide when individuals are able to bring claims under the collective consultation provisions of TUPE.

    • H v BT Plc (2012/3) successfully represented the Respondent in a complex 10 day disability discrimination claim.

    • Recently represented two banks, successfully defending decisions to make individuals redundant.

    • E v PR Newswire Europe LTD (2012) successfully represented the Respondent in a 5 day race discrimination and constructive unfair dismissal claim.

    • U v BT Plc (2012) - successfully represented the Respondent in a complicated 4 day disability discrimination claim involving a capability dismissal.

    • T v London College of Beauty Therapy (2012) - successfully represented the Respondent in a seven day age discrimination, whistleblowing and unfair dismissal claim.

    • H v Quic Financial Technologies Ltd & Anor (2011) - Acting for the Claimant in a high value discrimination and whistleblowing claim. Settled the claim on days one and two.

    • B v FDA & Ors (2010) successfully represented three individual named respondents in a complicated four week race discrimination claim. Co-defended with Mohinderpal Sethi.

    Recent advisory work and other work of interest includes:

    • Led by Andrew Burns - advising on the impact of restrictive covenants and contractual issues in relation to two sets of broker moves to a rival company.

    • Drafted a number of grounds of appeal for different appellants which are currently awaiting the EAT sift.

    • Advised a large local authority on the impact of the statutory regime for collective redundancy.

    • Advised on the enforceability of restrictive covenants contained in solicitors' Partnership Agreements relating to both equity and salaried partners.

    • Advised on restrictive covenants in a Senior Accountant's employment contract and the enforceability of those covenants in light of a breach of the employment contract by the employer.

    • Advised on the impact of career breaks on continuity of employment and redundancy for a major police force.

    • Advised on the impact of pay structures and collective agreements on potential equal pay claims for a large police force.

    • Instructed on and advised on a number of multiple party equal pay claims by Respondents.

    • Advised on and instructed to represent a Respondent local authority in a multiple equal pay claim.

    • Advised both a large public and a large private organisation on the impact of the age discrimination regulations on various internal policies.

    • Advised on the legality of restrictive covenants and whether to pursue injunction proceedings in the building industry.
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  • Equality

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    Alice has extensive experience of equality claims in all areas of discrimination. She has represented both respondents and claimants in the Employment Tribunal, County Court and Employment Appeal Tribunal in complex discrimination claims and has undertaken a number of multi-day discrimination claims before the Employment Tribunal.

    EAT

    • Micheldever Tyre Services Ltd v B (2013) (EAT) - challenged Tribunal's finding of direct race discrimination and victimisation. 

    • B v Mellons Ltd & Anor (2011) (EAT) - the Claimant challenged the Tribunal's decision dismissing multiple claims of disability discrimination, harassment and victimisation and constructive unfair dismissal. Represented the Respondents in the EAT and 7 day ET hearing.

    • D v The Commission of Police for the Metropolis [2009] All ER (D) 117 (DEC) (EAT) - successfully represented the Respondent in a challenge to its dress code policy on the basis that it discriminated against male police officers by requiring them to have short hair at first instance and on appeal.

    County Court and High Court 

    • F v B Bank Plc [2013] County Court and High Court on Appeal. Succesfully represented the Defendant in a claim that it had racially discrimianted against a customer when refusing to approve a cash withdrawal. The claimant has now appealed and Alice is representing the Respondent on the appeal which is due to be listed for a substantive hearing on costs, an application for fresh evidence and permission to appeal the substantive decision.

    ET

    • E-T v Mace Ltd (2014) - represented the Respondent against a claim that an applicant for a role within the company had been racially discriminated against. Obtained costs against the Claimant.
    • G v The Walt Disney Company Ltd (2013) represented the Claimant in a four day hearing raising indirect sex discrimination, direct disability discrimination, discrimination arising from disability and whistleblowing.

    • H v BT Plc (2012/3) successfully represented the Respondent in a complex 10 day disability discrimination claim.

    • E v PR Newswire Europe LTD (2012) succesfully represented the Respondent in a 5 day race discrimination and constructive unfair dismissal claim.

    • U v BT Plc (2012) - succesfully represented the Respondent in a complicated 4 day disability discrimination claim involving a capability dismissal.

    • T v London College of Beauty Therapy (2012)  - successfully represented the Respondent in a seven day age discrimination, whistleblowing and unfair dismissal claim.

    • H v Quic Financial Technologies Ltd & Anor (2011) - Acting for the Claimant in a high value discrimination and whistleblowing claim listed for 10 days. Settled the claim on days one and two.

    Advisory work and other work of interest includes:

    • Advised on the impact of pay structures and collective agreements on potential equal pay claims for a large police force.

    • Instructed on and advised on a number of multiple party equal pay claims by Respondents. These claims are at various stages of the equal pay process before the ET.

    • Advised on and instructed to represent a Respondent local authority in a multiple equal pay claim.

    • Advised both a large public and a large private organisation on the impact of the age discrimination regulations on various internal policies.
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  • Dismissals & Employment Rights

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    Alice has extensive experience of dismissal claims and related employment rights, regularly appearing in complicated claims before the Employment Tribunal and Employment Appeal Tribunal. Many of Alice’s claims involve redundancy or some other substantial reason dismissals and/or whistleblowing. As a substantial number of cases also have a discrimination angle these are listed under the equality section of Alice's entry. An illustration of recent cases of interest include: 

    Appeals

    • M v Game Retail Ltd (2013) - defended appeal that the ET had applied the wrong burden of proof in a complicated TUPE unfair dismissal case.

    • B v Ebay Ltd (2013) - acting for appellant against decision of ET finding that a claim was brought within time where solicitor's advice had been relied upon.

    • B v Mellons Ltd & Anor (2011) (EAT) - defended the Claimant's challenge to the Tribunal's decision dismissing multiple claims of disability discrimination, harassment and victimisation and constructive unfair dismissal.

    • R v Hammersmith and Fulham Homes Ltd (2011) (EAT) - represented the Appellant in challenging the ET decision finding that the Claimant should have been assimilated during the Respondent's reorganisation.

    Employment Tribunal

    • G v CRBE Ltd & Anor (2013) successfully represented the Claimant at a PHR to decide when individuals are able to bring claims under the collective consultation provisions of TUPE.

    • Represented two large banks defending redundancy decisions (paste).

    • E v PR Newswire Europe Ltd (2012) succesfully represented the Respondent in a 5 day race discrimination and constructive unfair dismissal claim.

    • U v BT Plc (2012) - succesfully represented the Respondent in a complicated 4 day disability discrimination claim involving a capability dismissal.

    • T v London College of Beauty Therapy (2012) - successfully represented the Respondent in a seven day age discrimination, whistleblowing and unfair dismissal claim where the Claimant had sought to challenge the decision to make her redundant.

    • H v Quic Financial Technologies Ltd & Anor (2011) - Acting for the Claimant in a high value discrimination, whistleblowing and unfair dismissal claim set down for ten days. Settled the claim on days one and two.

    Recent advisory work includes:

    • Provided advice on whether contracts of employment had come into effect in relation to a brokers team move.

    • Advised on the likelihood of recovering a non-contractual, discretionary bonus.

    • Advised on the impact of career breaks on continuity of employment and redundancy for a major police force.

    • Advised on the impact of pay structures and collective agreements on potential equal pay claims for a large police force.
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  • Restrictive Covenants & Injunctions

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    Alice regularly advises clients on the enforcement of restrictive covenants and implied contractual terms providing early advice aimed at reducing the likelihood of costly injunction or other proceedings. Alice has also advised on the impact of garden leave provisions on restrictive covenants, the duty of fidelity, trust and confidence and fiduciary duties.  

    Recent court work includes:

    • E Ltd v F (2014) EWHC (QB) represented an employee against an application for an interim injunction where confidential information was alleged to have been taken.

    • G Ltd v H (2013) EWHC (QB) advised on the enforcement of restrictive covenants and protection of confidential information and represented a specialist pharamaceuticals company in obtaining an interim injunction. The matter was settled before the return date in G Ltd's favour.  

    • L v B NHS Trust (2012) EWHC (Admin) represented an NHS Trust where the employee had obtained interim injunctions on a without notice application staying disciplinary proceedings for gross misconduct

    • E E & R Ltd v B (2012) EWHC (QB) represented the company in proceedings against an ex-employee and obtained orders for delivery up of devices and instruction of a single joint expert to carry out forensic examination of the devices  

    Recent advisory work includes:

    • Led by Andrew Burns - advising on the impact of restrictive covenants and contractual issues in relation to two sets of broker moves to a rival company

    • Advised on potential injunction proceedings regarding an ex-employee's move to a rival company in the building industry

    • Advised on the enforceability of restrictive covenants contained in solicitors' Partnership Agreements relating to both equity and salaried partners

    • Advised on restrictive covenants in a Senior Accountant's employment contract and the enforceability of those covenants in light of a breach of the employment contract by the employer

    • Advised on the risks of poaching a senior manager from a competitor in the building industry

    Alice chaired the 2013 ELA one day conference 'Employment Litigation in the High Court'.

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  • Commercial Litigation

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    Alice regularily advises and represents both employees and employers on commercial aspects of employment work including:

    • Advised a large utility company on its ability to change the executive bonus scheme part way through it.

    • Drafted a Part 20 Defence on behalf of a Part 20 Defendant in a commercial claim arising from the sale and purchase of a financial services company.

    • G Ltd v H (2013) EWHC (QB) represented a specialist pharamaceuticals company in obtaining an interim injunction (dealing with misuse of confidential information and restrictive covenants). The matter was settled before the return date in G Ltd's favour. Represented claimant in application that terms of the undertakings had been breached in contempt of court.
    • E E & R Ltd v B (2012) EWHC (QB) represented the company in proceedings against an ex-employee whom it is believed has taken confidential information in order to compete with the company. Obtained orders for delivery up of devices and instruction of a single joint expert to carry out forensic examination of the devices.  

    • Provided advice on whether contracts of employment had come into effect in relation to a brokers team move.

    • Advised on the likelihood of recovering a non-contractual, discretionary bonus.

    • Led by Andrew Burns - advising on the impact of restrictive covenants and contractual issues in relation to two sets of broker moves to a rival company.

    • Advised on potential injunction proceedings regarding an ex-employee's move to a rival company in the building industry.

    • Advised on the enforceability of restrictive covenants contained in solicitors' Partnership Agreements relating to both equity and salaried partners.

    • Advised on restrictive covenants in a Senior Accountant's employment contract and the enforceability of those covenants in light of a breach of the employment contract by the employer.
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  • Industrial Relations

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    Alice has represented employers, unions and individuals in relation to industrial relations and collective consultation requirements relating to TUPE and redundancy.  Recent cases of interest include:

    • Acted for a union to advise on equal pay implications of council-wide pay proposals to change the terms and conditions of all its employees. Advised the union in relation to refuse and similar workers. Subsequently attended high level negotiations with the Council to achieve settlement of those pay issues in circumstances where the workers were out on strike.

    • G v CBRE Ltd (2013) - successfully represented the individual employee at a PHR considering whether the individual had locus standi to bring a claim under TUPE where there had been no effective collective consultation under TUPE.

    • K v R Bank (2013) - represented the Respondent at a PHR in which an individual's rights to elect the staff body was considered under the collective redundancy requirements. 

    • Advised a local authority on the collective consultation requirements of a mass redundancy process.

    • Advised a union on the equal pay implications of proposed changes to terms and conditions post single status.  

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  • Professional Negligence

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    Alice has advised on a number of complicated commercial contractual disputes, professional negligence and company law matters. She has successfully presented companies in multi-track claims including pre-trial applications and substantive trials. Cases of interest include:

    • Advising on a solicitor's negligence involving the recovery of debts under the Insolvency Act.
    • Advising on a solicitor's negligence involving the interaction of the Merchant Shipping Act 1985 which incorporated the Athens Convention and the Limitation Act, 1980.
    • Representing the Defendant regarding the terms and enforcement of a commercial loan agreement.
    • Advised and prepared pleadings in a successful injunction application in a commercial insurance case.
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  • Regulatory & Professional Discipline

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    Alice has experience of regulatory and professional discipline issues both from an employment perspective and from a regulatory perspective. For instance Alice has represented the General Dental Council in the cases of Orback v GDC and Alkhasawneh v GDC both of which involved the question of whether qualifications obtained overseas qualified the individual to work in the UK.

     

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Memberships & Associations

ELBA, ELA (member of the Training Committee)

Awards & Scholarships

Scholarships from Inner Temple

Pegasus Scholarship, working in Sri Lanka

Ede and Ravenscroft Prize for Student of the Year (2001)

Major Scholarship

Duke of Edinburgh Scholarship

Academic

Inns of Court School of Law, Bar Vocational Course (Very Competent)

Cambridge University - LLM, First Class

Lauterpacht Prize for International Law. Received awards from the Gooderson Fund and the Alex Jacobson Fund

Exeter University - LLB Class Two Division One

Christina Sachs Memorial Prize for Family Law

Gordonstoun School, Elgin