Barrister Profile

Oliver Hyams

Year of Call1989

Profile

Oliver is a specialist in two areas: employment and education law

His employment work is broad-ranging, encompassing all of the kinds of claims decided by employment tribunals, claims for breach of contract, restrictive covenant cases, and employment law issues arising in relation to pensions, including in relation to a number of public sector pension schemes. Oliver's book, Employment Aspects of Business Reorganisations, published by the Oxford University Press in November 2006, concerns all issues arising in relation to business reorganisations, including TUPE issues and collective consultation issues as well as the rights of individuals. It draws on Oliver's extensive experience of advising on and appearing as an advocate in relation to business reorganisations. Oliver has much experience of cases involving the application of the implied term of trust and confidence, including where it is alleged that disciplinary action, or a suspension, has contravened that term.

Oliver's reported or significant employment law cases include:

  • YKK Europe Ltd v Heneghan [2010] ICR 611
  • Cable Realisations Ltd v GMB Northern  [2010] IRLR 42
  • Governing Body of X Endowed Primary School v Special Educational Needs and Disability Tribunal [2009] IRLR 1007
  • Kovats v. TFO Management LLP [2009] ICR 1140
  • Varma v. North Cheshire Hospital NHS Trust (2008) 103 BMLR 117
  • Watson v. Durham University [2008] EWCA Civ 1266; injunction granted to end suspension of senior employee
  • Varma v. General Medical Council (2008) 102 BMLR 84
  • Varma v. North Cheshire Hospital NHS Trust UKEAT/0178/07; where a case is remitted by the EAT to be considered afresh by an employment tribunal, the fresh tribunal is not bound by the first employment tribunal's findings of fact
  • Barke v. SEETEC [2005] ICR 1373
  • Eastwood v. Magnox plc [2005] 1 AC 503
  • Qua v. John Ford Morrison [2003] ICR 482
  • Hagen v. ICI Chemicals & Polymers Ltd [2002] IRLR 31
  • National Union of Teachers v. Governing Body of St Mary’s Church of England (Aided) Junior School [1995] ICR 317.

Oliver's education work is similarly wide-ranging. He frequently appears in judicial review cases in the High Court and appeals from the SENDIST (now the First-tier Tribunal). He also appears in the First-tier Tribunal as well as in county court and High Court private law claims concerning education in schools, further education institutions and higher education institutions. His book Law of Education (2nd edition, Jordans, 2004) is one of the leading textbooks on the law of education. The second edition of his book Employment in Schools - A Legal Guide, was published by Jordans in the Autumn of 2007.

Oliver's reported education cases include:

  • R (JK) v. Haringey LBC and Waltham Forest LBC [2009] ELR 421
  • R (Arratoon) v. Office of the Independent Adjudicator [2009] ELR 186
  • R (Governing Body of Drayton Manor High School) v. The Schools Adjudicator [2009] ELR 127
  • R (P) v. Haringey LBC [2009] ELR 49 
  • R (Hill) v. Bedfordshire County Council [2008] ELR 660
  • R (Siborurema) v. Office of the Independent Adjudicator [2008] ELR 209
  •  Ealing v. SENDIST [2008] ELR 183
  • R (O) v. Governing Body of Parkview Academy [2007] ELR 454
  • R (Hampshire County Council) v. Independent Appeal Panel for Hampshire [2007] 266
  • Southwark London Borough Council v. SENDIST [2006] ELR 208
  • R (Reading Borough Council) v. Admissions Appeal Panel for Reading Borough Council [2006] ELR 186
  • R (Brent London Borough Council) v. FED 2000 [2006] ELR 169
  • R (Q) v. Wolberhampton City Council Independent Appeal Panel [2005] ELR 501
  • R (I) v. Independent Appeal Panel for G [2005] ELR 490
  • R (J) v. Birmingham City Council Exclusion Appeals Committee [2003] ELR 743
  • S v. Brent London Borough Council [2002] ELR 556
  • R v. Stockton-on-Tees Borough Council ex parte W [2000] ELR 93.

One area which is common to both employment and education work, of which Oliver has much experience, is the law of discrimination. Another area which is allied to both employment and education, is professional disciplinary matters, of which Oliver has ever growing experience.

Recommendations

"Oliver Hyams at Devereux Chambers 'is first-class, as is his tactical awareness'." Legal 500 2009

The "technically quick and highly analytical" Oliver Hyams at Devereux Chambers "understands the minutiae of a case". A man with "tremendous knowledge at his fingertips," he appeared in the High Court and the Court of Appeal in a school exclusion case where the majority of the teaching staff of a school refused to teach a pupil whose exclusion had been overturned. Chambers UK 2009

Oliver Hyams of Devereux Chambers is "enthusiastic and user-friendly," agree clients. He regularly acts for claimants in higher education cases and also advises institutions. Sources concede he is "well-read and very thorough on paper" Chambers UK 2008

Oliver Hyams has long experience across many areas of education law and is rated for his "attention to detail, comprehensive knowledge and devotion to client care" Furthermore, "his quality of advice is painstakingly high and presentational skills exhaustive" Legal 500 2008 

Devereux Chambers Oliver Hyams is "extremely intelligent with a natural aptitude for education and employment law" Legal 500 2007

Oliver Hyams from Devereux Chambers is "academically and technically excellent"  ensuring clients of "a thorough grasp of education law."  He is far from a backroom researcher though, with clients reporting he is "quite a fighter in the courtroom." He has a wide practice that includes higher education cases and "a good knowledge of employment law which complements his education work."  Chambers & Partners 2006

Appointments

Part-time Employment Judge

Chair of the Education Law Association

Publications

In addition to writing the books mentioned above, Oliver was the Consultant Editor for the current edition of Volume 15(1) and (2) of Halsbury's Laws, i.e. the Education title.

He contributed 2 chapters (one jointly) to Higher Education Law (edited by Palfreyman and Warner, Jordans, 2002; now The Law of Higher Education, Farrington and Palfreyman, OUP, 2006).

He has annotated all Education Acts since the Teaching and Higher Education Act 1998 onwards,  the Employment Act 2002 and the Employment Act 2008 for Current Law Statutes.

Professional Membership

ELBA, ALBA, ELA, Education Law Association