Barrister Profile

Profile

Mohinderpal is consistently recognised by legal commentators for his expertise in the full range of employment and related commercial law disputes with a particular emphasis on High Court litigation, complex tribunal claims, and appellate advocacy, as well as arbitration and mediation. 

He is ranked in Band 1 as a Leading Barrister by Chambers UK. 

He has extensive experience of acting for a wide spectrum of clients from multinational corporations and financial institutions to high profile individuals and senior executives in high value and commercially or politically sensitive cases.

A former Litigation Manager for a FTSE 100 company, Mohinderpal is particularly attuned to working as part of a legal team providing strategic and commercial solutions to knotty legal problems. 

News

Currently, Mohinderpal is acting in several high value restrictive covenant and team move claims in the High Court for and against international banks and other City institutions.

Mohinderpal is representing Brodie Clark, the former Head of the UK Border Force, in his claims against the Home Secretary Theresa May which arise out of the ‘border checks row’ that led to his resignation.

Mohinderpal is instructed by two magic circle firms to act for two foreign governments in relation to matters of state and diplomatic immunity.  

Mohinderpal Sethi's book Employment Tribunal Remedies (4th Edition, Oxford University Press, 2011) has been praised as 'definitely a 'must read' for anyone facing a hearing in the tribunal’ - ELA Briefing Vol 18 No 7 August 2011; and as 'highly recommended' - New Law Journal (2011) 161 NLJ 1562.

Mohinderpal will be speaking on the legal implications of Social Media in the Workplace alongside Baker & McKenzie, Mayer Brown, Proskauer, and Google at the LexisNexis Butterworths conference on 22 February 2012.

Recommendations

Mohinderpal's approach to his clients and practice is reflected in the following quotations from independent legal directories.

• Mohinderpal Sethi has a growing City injunctions and bonus claims practice and played a prominent role in the high-profile Tullet Prebon case, concerning a major City team move. Sources admire his calm demeanour and his "keen eye for detail." He is also seen as being "incredibly hard-working and responsive to the client." - Chambers UK 2012
• Mohinderpal Sethi's pre-trial preparation is unbeatable. His “friendly, hands-on approach” goes down a treat with clients. - Chambers UK 2011
• Sources applaud Mohinderpal Sethi's "clever and insightful handling of complex discrimination matters." - Chambers UK 2010
• Mohinderpal Sethi is praised for his "clear and incisive legal mind, effective and persuasive advocacy skills and excellent cross-examination". Recent notable cases include Communication Workers Union v Royal Mail Group, a multi-million pound class action in the Court of Appeal. - Legal 500 2009
• "Knowledgeable, experienced and pragmatic," Mohinderpal Sethi is particularly recommended for "complex discrimination cases". He appeared in a number of high-profile cases over the past year, including representing Detective Sergeant Virdi in his successful victimisation claim against the Police Commissioner, Sir Ian Blair. He also appeared without a leading silk against Paul Goulding QC, acting for leading inter-dealer brokers in their USD10 million bonus claims. Clients describe him as "incredibly quick and user-friendly". - Chambers UK 2009
• Mohinderpal Sethi is recommended for his "excellent oral and written submissions" and for keeping "a calm head during advocacy." His "sharp legal analysis and understanding of the politics of the case" is particularly appreciated, and clients note his "clear understanding of trade union matters" and "his skills before the EAT". He was successful in Aslef v Brady, otherwise known as "the battle of the barbecue case" which involved the employer's burden of proving the real reason for dismissal. - Chambers UK 2008

Restrictive Covenants and Injunctions (including Team Moves)

Mohinderpal has a strong practice in High Court injunctions and speedy trials to enforce directors' and fiduciaries' duties, restrictive covenants, trade secrets and confidentiality, database rights and garden leave (often involving team moves). Clients include blue chip companies particularly in the financial services, media and sports industries and senior executives. Recent reported and notable cases include: 

• BGC Capital Markets (Switzerland) LLC v Tullett Prebon plc and others [2011] EWHC 2009 (QB) - injunction and multi-week trial relating to high value claim for breach of restrictive covenants, confidential information, and Wrotham Park damages under Swiss law and inducement under English law. Co-defended claims alongside Simon Devonshire QC.
• Tullett Prebon plc and others v BGC Brokers LP and others [2010] EWHC 484 (QB), [2010] IRLR 648 and [2011] EWCA Civ 131, [2011] IRLR 420 Court of Appeal - major City team move injunction and lengthy trial. Mohinderpal played a key role in advising the so-called 'Tullett 3' in resisting claims brought by BGC against them for alleged breaches of their forward BGC contracts.
• Kerry London Ltd v MS plc and Miles Smith Ltd [2010] EWHC (QB) - injunction and speedy trial arising out of claims by leading insurance broker against its rival for inducing breaches of restrictive covenants and confidentiality as part of a team move.
• William Morris Agency (UK) Ltd [2008] EWHC - acted for the largest talent and literary agency in the world covering all segments of the media and entertainment industries on the recruitment of talent agents from its international rivals. Instructed by SJ Berwin.

Pay, Incentives & Pensions

Mohinderpal has significant experience of the legal issues arising out of high value senior executive benefits packages including bonus, share option, PHI, and pension schemes. His City clients include investment banks, private equity firms, hedge funds, inter-dealer brokers and insurance brokers, senior executives and equity partners. Other clients include high profile companies and individuals in the fields of media and sport. Recent cases have included:

• GFI Holdings Ltd v various senior brokers at Tullett Prebon plc [2009] EWHC (QB) - acted for leading inter-dealer brokers in their $10 million bonus and share options claims. Led by Ingrid Simler QC. Instructed by Mayer Brown International.
• Blue Chip Trading Ltd v Helbawi [2009] IRLR 128 - severability of illegal contractual terms. Appeared for the successful appellant employer.
• William Morris Agency (UK) Ltd [2008] EWHC - advised the largest talent and literary agency in the world on commercial contract claims involving disputed commission payments for various A-list artists. Instructed by SJ Berwin.
• GFI Holdings Ltd v Camm [2008] IDS Emp L Brief 864/11 - high value bonus claim brought by Inter-Dealer Brokers. Appeared without a leading silk against Paul Goulding QC.
• Taylor v Lowe [2000] IRLR 760 - application of Apportionment Act 1870 to calculations of pay. Appeared for successful appellant.

Equality (including Equal Pay)

Mohinderpal has appeared in some of the leading discrimination cases in the employment, education, goods and services, and public law fields. He has extensive experience of long and complex equal pay, sex, race, disability, sexual orientation, religion or belief and age discrimination claims, as well as claims by part-time workers and fixed-term employees.

• Ministry of Defence v DeBique [2010] IRLR 471 - first and leading authority on dual 'indirect' discrimination. The case attracted significant national media coverage including the front page headline in the Daily Mail 13 April 2010: 'MOTHER OF ALL DEFEATS!' Mohinderpal appeared for the successful party without a leading silk against Keith Morton QC. 
• Baker v Commissioner of Police of the Metropolis [2010] IDS Emp L Brief 899/9 - disability discrimination and victimisation.
• Virdi v Commissioner of Police of the Metropolis [2007] IRLR 24 (ET, EAT and Court of Appeal) - appeared in the high profile and long running series of cases brought by Detective Sergeant Virdi following the sending of racist hate mail in 1998 for which he received record compensation. The case led to two public inquiries including the Morris Inquiry and numerous further claims of victimisation. Acted without a leading silk against Clive Sheldon QC.
• Heath v Commissioner of Police of the Metropolis [2005] ICR 329 (Court of Appeal) - the leading authority on the judicial immunity of statutory disciplinary bodies. Led by Cherie Booth QC.
• Department for Work and Pensions v Hall EAT/0012/05 - leading case on employer's 'constructive' knowledge of disability. Appeared for the successful respondent.
• Essa v Laing Ltd [2004] ICR 746 (Court of Appeal) - leading authority on causation and foreseeability of loss. Appeared for the major construction company. Led by David Bean QC (now Mr Justice Bean).

Dismissals & Employment Rights

Mohinderpal has appeared before employment tribunals in every region of England, Wales Scotland and Northern Ireland. He has experience of every kind of claim for breach of statutory employment rights that can be brought in the employment tribunals.    

Recent high profile cases include:

• Brodie Clark v Home Office [2012] ET. Mohinderpal represented the former Head of the UK Border Force in his high profile constructive dismissal claim against the Home Secretary Theresa May MP.

Whistleblowing

He has substantial experience of acting for and against blue-chip companies and high profile public figures in multi-million pound whistleblowing claims which often involve a considerable degree of market or political sensitivity. Cases which have received media attention include: 

• Rosse v Network Rail Infrastructure Ltd [2011] ET. Front page of The Times 19 July 2011. Mohinderpal appeared for Network Rail in this high profile whistleblowing claim concerning safety at level crossings. Instructed by Bond Pearce.
• Sterlite Industries (India) Ltd v Bhatia [2003] All ER D 410 - right to a fair hearing - £806,000 awarded for whistleblowing and loss of large bonus. Appeared on appeal for company successfully overturning award.

TUPE

Mohinderpal is no stranger to the legal conundrums thrown up by business transfers and service provision changes under the TUPE Regulations 2006 as demonstrated by his recent EAT and Court of Appeal appearances:

• Communication Workers Union v Royal Mail Group Ltd [2010] ICR 83 (Court of Appeal) - the first ever case to reach the Court of Appeal concerning the nature and scope of an employer's duty to inform and consult under TUPE 2006. Appeared in the EAT and Court of Appeal in multi-million pound test case brought by union arising out of the franchising of hundreds of Crown Post Offices throughout the UK to WH Smith. This issue has received widespread national television and press coverage. Led by David Reade QC.
• McLean v British Broadcasting Corporation and Capita Health Solutions Ltd [2008] IRLR 595 - whether statutory objection to transfer voidable by continued employment for short period post-transfer. Acted at first instance for the successful transferor BBC on the outsourcing of its human resources function.  

Industrial Relations

He has considerable experience in collective employment rights representing large employers and trade unions before the High Court and tribunals, the Central Arbitration Committee and the Certification Officer. Much of Mohinderpal's work in this area involves industrial action and anti-strike injunctions.

Recent reported and notable cases have included:

• CentreWest London Buses Ltd and First Capital East Ltd v Unite the Union [2010] EWHC (QB) - high profile strike action brought by London bus drivers and conductors. Mohinderpal acted without a leading silk against Charles Béar QC.
• Bhardwaj v FDA and others [2012]  ET, EAT & Court of Appeal - four week Hearing of discrimination and unjustifiable trade union discipline claims brought by CPS barrister against union. Mohinderpal appeared for the successful union without a leading silk against Mark Sutton QC.
• Airwave Solutions Ltd v Communication Workers Union [2009] EWHC (QB) - industrial action injunction. Mohinderpal acted without a leading silk against Andrew Stafford QC.
• Associated Society of Locomotive Engineers and Firemen v Brady [2006] IRLR 576 - proving principal reason for dismissal. Appeared for the successful General Secretary without a leading silk against John Hendy QC in the notorious 'Battle of the Union Barbecue' litigation. The first ever case in which a senior elected official has claimed unfair dismissal and sought reinstatement.
• Deman v Association of University Teachers, Lord Triesman and others [2003] All ER D 271 - appeared in the ET, EAT and Court of Appeal without a leading silk against John Davies QC. Acted for successful trade union and the General Secretary Lord Triesman of Tottenham.

Partnership

Mohinderpal has significant experience of acting in a wide rage of Partnership disputes.

• X v Y LLP (2012) EWHC QB - rights of equity partners. Extremely high value and sensitive claim settled on confidential terms. 
• X v Y LLP (2011) EWHC QB - represented large US law firm in series of high value claims brought by senior equity partners.

Regulatory and Professional Discipline

Mohinderpal is experienced in advising on and appearing before a wide range of regulatory and professional disciplinary bodies, involving the legal professions and those concerned with financial services, media and sport. Recent cases have involved:

• Advising on the FSA's authorisation and supervisory functions.
• Advising in relation to the disciplinary and enforcement powers of the FSA.
• Heath v Commissioner of Police of the Metropolis [2005] ICR 329 (Court of Appeal) - the leading authority on the absolute immunity from suit of quasi-judicial disciplinary bodies regulated by statute. Led by Cherie Booth QC.

Human Rights & EU Law

Mohinderpal has been involved in a number of reported public international law cases under United Nations conventions, EU treaties and directives, and the European Convention on Human Rights. Examples include:

• X v foreign state [2011] ET – Whether UK law on state and diplomatic immunity is incompatible with article 6 ECHR and article 47 of the EU Charter of Fundamental Rights. Mohinderpal appeared for the foreign state. Instructed by Baker and McKenzie.
• Crisp v Apple Retail UK Ltd [2011] ET – Dismissal of employee for misuse of online social media (Facebook) did not breach article 8 right to privacy or article 10 freedom of expression. Mohinderpal appeared for the successful employer. Instructed by Nabarro.
• Khan v Vignette Europe Ltd [2010] IDS Emp L Brief 895 - Hearing in claimant's absence during Ramadan did not breach article 6. Acted for the successful company. Instructed by Field Fisher Waterhouse.
• Heath v Commissioner of Police of the Metropolis [2005] ICR 329 (Court of Appeal) - articles 6, 8 and 14. Led by Cherie Booth QC.
• London Borough of Barking and Dagenham v Oguoko [2000] IRLR 179 - right to a fair hearing - natural justice in tribunal procedure. Represented the successful respondent.
• Halford v United Kingdom [1997] IRLR 471 - as pupil to Jennifer Eady QC, Mohinderpal assisted in the preparation of submissions to the European Court of Human Rights in relation to interception by the employer of the employee's office telephone calls under articles 8, 10, 13 and 14.

Publications

• Editorial Board Member of ELA Briefing (IDS 2000 to date)
• Author of Employment Tribunal Remedies (Oxford University Press, 4th Edition 2011)
• Contributing Author of Discrimination Law (Bloomsbury Professional 2007 to date)
• Contributing Author of Employment Law Service (Jordans 2007 to date)
• Contributing Author of Termination of Employment (Bloomsbury Professional 2010 to date)
• Author of numerous articles in leading legal journals

Seminars, Webinars and Podcasts

He writes, lectures and provides training on employment and commercial law practice and procedure.

He has recently provided seminars and webinars to City solicitors and in-house lawyers on:

• Social Media in the Workplace for LexisNexis Butterworths (2012)
• Industrial Action Injunctions with Bruce Carr QC (2011)
• Handling Team Moves with ten of the leading 'magic circle' heads of employment law for White Paper (2010)
• High Court Employment Litigation with Ian Gatt QC and others for the Employment Lawyers Association (2010)
• Bonus Claims: where are we now? for Mayer Brown International (2010) 
• Restrictive Covenants and Confidential Information with Andrew Burns for LexisNexis Webinars (2010)
• Freezing Injunctions, Search Orders and Asset Tracing with Graham Read QC for LexisNexis Webinars (2010)
• Getting ready for the Equality Act 2010 for various City clients (2010)
• Strategies for Successful Business Transfers under the 2006 Regulations for various City firms (2009)

If you feel that your firm would benefit from such seminars then please consult the Clerks as to Mohinderpal's availability.

Appointments

• The Elected Representative of the Bar 2008-09, 2009-10 and Member of the Management Committee of the Employment Lawyers Association
• Appointed to the Editorial Board of the Employment Lawyers' Association journal (ELA Briefing)
• Appointed to the Equality and Human Rights Commission's Panel of Preferred Counsel (previously a member of the EOC, CRE and DRC specialist panels).

Professional Membership

Employment Law Bar Association (ELBA), Employment Lawyers Association (ELA), Commercial Bar Association (COMBAR), London Common Law & Commercial Bar Association (LCL&CBA), Professional Negligence Bar Association (PNBA), Association of Regulatory and Disciplinary Lawyers (ARDL), the Bar Pro Bono Unit, and the Employment Law Appeal Advice Scheme (ELAAS).

Pre-Bar Experience

• Judicial Assistant to the New York State Supreme Court (Civil Branch)
• Employment Litigation Manager for BT Group Legal Services

Education

Langdon (Comprehensive) School, East Ham, London Borough of Newham

• Various prizes

Wadham College, Oxford MA (Oxon) Jurisprudence

• First Class College Scholar for three consecutive years (the premier undergraduate scholarship)
• Warden's Exhibitioner

Inns of Court School of Law:

• Windsor Law Fellow

Middle Temple:

• The Queen Mother's Scholar (the premier Inn scholarship)
• The Malcolm Wright Prizewinner
• Harmsworth Major Entrance Exhibitioner