Alice Mayhew
Year of Call 2001
Alice is a specialist in employment litigation. She has particular expertise in equality, contractual disputes and unfair dismissal cases. Her recent work includes a wide spectrum of complex cases from whistleblowing and racial discrimination to equal pay and breach of contract. Alice represents both claimants and respondents. She has extensive experience of acting for a wide variety of clients from airlines to financial services, police and government departments as well as high profile individuals. Alice takes a partnering approach to managing client relationships. She is considered by clients to be approachable and easy to deal with as well as being a good communicator. As her experience has grown, so has her caseload with increasingly complex multi day cases involving all types of discrimination, whistleblowing or other complicated issues being the norm.
RECOMMENDATIONS
‘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
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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Add to PortfolioAlice 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:
Appeals
Micheldever Tyre Services Ltd v B (2013) (EAT) - represented the Appellant to challenge the Tribunal's findings of victimisation and direct race discrimination. The Appellant succeeded in challenging the victimisation finding.
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J v London Underground Ltd & Anor (2013) (EAT) - instructed by the Respondent to defend a Tribunal decision to strike out the Claimant's claim part way through the hearing. The Tribunal's decision was upheld. Represented the Respondent in the oral application by the Appellant to appeal to the Court of Appeal - the Court of Appeal requested representation at and submissions for the oral hearing.
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B v Mellons Ltd & Anor (2011) (EAT) - the Claimant challenged the ET's decision dismissing multiple claims of disability discrimination, harassment and victimisation and constructive unfair dismissal. Represented the Respondents.
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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.
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B v The Commissioner of Police of the Metropolis (2010) (EAT) – successfully appealed a finding that step one of the statutory disciplinary procedure had not been complied with.
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Dansie v The Commissioner of Police of 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.
High Court
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L v B NHS Trust (2012) EWHC (Admin) represented an NHS Trust where the employee had obtained 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 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.
County Court
- F v B Bank Ltd - (2013) CC - successfully represented a high street bank against allegations of race discrimination in the provision of its services at a high street branch.
Employment Tribunal
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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.
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H v BT Plc (2012/3) successfully represented the Respondent in a complex 10 day disability discrimination claim.
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Recently represented two banks, successfully defending decisions to make individuals redundant.
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E v PR Newswire Europe LTD (2012) successfully represented the Respondent in a 5 day race discrimination and constructive unfair dismissal claim.
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U v BT Plc (2012) - successfully represented the Respondent in a complicated 4 day disability discrimination claim involving a capability dismissal.
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T v London College of Beauty Therapy (2012) - successfully represented the Respondent in a seven day age discrimination, whistleblowing and unfair dismissal claim.
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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.
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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:
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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.
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Drafted a number of grounds of appeal for different appellants which are currently awaiting the EAT sift.
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Advised a large local authority on the impact of the statutory regime for collective redundancy.
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Advised on the enforceability of restrictive covenants contained in solicitors' Partnership Agreements relating to both equity and salaried partners.
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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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Advised on the impact of career breaks on continuity of employment and redundancy for a major police force.
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Advised on the impact of pay structures and collective agreements on potential equal pay claims for a large police force.
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Instructed on and advised on a number of multiple party equal pay claims by Respondents.
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Advised on and instructed to represent a Respondent local authority in a multiple equal pay claim.
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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
Add to PortfolioAlice has extensive experience of equality claims in all areas of discrimination. She has represented both Respondents and Claimants in the Employment Tribunal and Employment Appeal Tribunal in complex discrimination claims and has undertaken a number of multi-day discrimination claims before the Employment Tribunal.
EAT
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Micheldever Tyre Services Ltd v B (2013) (EAT) - represented the Respondent to challenge the Tribunal's finding of direct race discrimination and victimisation. The Respondent succeeded in challenging the finding of victimisation.
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B v Mellons Ltd & Anor (2011) (EAT) - the Claimant challenged the ET'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.
ET
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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.
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H v BT Plc (2012/3) successfully represented the Respondent in a complex 10 day disability discrimination claim.
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E v PR Newswire Europe LTD (2012) succesfully represented the Respondent in a 5 day race discrimination and constructive unfair dismissal claim.
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U v BT Plc (2012) - succesfully represented the Respondent in a complicated 4 day disability discrimination claim involving a capability dismissal.
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T v London College of Beauty Therapy (2012) - successfully represented the Respondent in a seven day age discrimination, whistleblowing and unfair dismissal claim.
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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:
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Advised on the impact of pay structures and collective agreements on potential equal pay claims for a large police force.
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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.
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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
Add to PortfolioAlice 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
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B v Mellons Ltd & Anor (2011) (EAT) - the Claimant challenged the ET's decision dismissing multiple claims of disability discrimination, harassment and victimisation and constructive unfair dismissal. Represented the Respondents.
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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
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Represented two large banks defending redundancy decisions.
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E v PR Newswire Europe LTD (2012) succesfully represented the Respondent in a 5 day race discrimination and constructive unfair dismissal claim.
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U v BT Plc (2012) - succesfully represented the Respondent in a complicated 4 day disability discrimination claim involving a capability dismissal.
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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.
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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:
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Provided advice on whether contracts of employment had come into effect in relation to a brokers team move.
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Advised on the likelihood of recovering a non-contractual, discretionary bonus.
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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
Add to PortfolioAlice regularly advises on potential claims involving restrictive covenants providing early advice aimed at reducing the likelihood of costly injunction or other proceedings.
Recent court work includes:
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L v B NHS Trust (2012) EWHC (Admin) represented an NHS Trust where the employee had obtained 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 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
Recent advisory work includes:
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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
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Advised on potential injunction proceedings regarding an ex-employee's move to a rival company in the building industry
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Advised on the enforceability of restrictive covenants contained in solicitors' Partnership Agreements relating to both equity and salaried partners
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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
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Commercial Litigation
Add to PortfolioAlice regularily advises and represents both employees and employers on commercial aspects of employment work including:
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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. Alice continues to advise on tactics.
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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.
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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.
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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
Add to PortfolioAlice has represented both employers, unions and individuals both in relation to industrial relations and collective consultation requirements relating to TUPE and redundancy. Recent cases of interest include:
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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.
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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.
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Advised a local authority on the collective consultation requirements of a mass redundancy process.
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Advised a union on the equal pay implications of proposed changes to terms and conditions post single status.
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Regulatory & Professional Discipline
Add to PortfolioAlice 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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