Barrister Profile

Profile

Thomas acts in High Court and County Court litigation in the complementary fields of employment, personal injury and commercial law - including breach of contract, professional negligence and insurance. In the employment sphere he also regularly appears in Employment Tribunals and in the Employment Appeal Tribunal.

Thomas was recently led by Colin Wynter QC in the widely reported test case of  Webster Dixon & ors v Equity Syndicate & ors [2011] EWHC 2661 which impacts upon the consumer's free choice of lawyer in employment and personal injury cases amongst others. Reference to Colin Wynter QC and Thomas' involvement was made in a headline article in The Lawyer.

Areas of Practice

Employment

Thomas has extensive experience in Employment Tribunals and in the Employment Appeal Tribunal and has been instructed in a number of High Court employment cases. The President of the EAT (as he then was), Underhill J, has described Thomas' submissions as "cogent" and "clear and helpful" ([2010] ICR 507) while Lady Smith in the Scottish EAT commented on Thomas' "well structured skeleton argument" and "clear oral submissions" (UKEATS/0019/10).

Thomas is a contributor to Bloomsbury Professional's Discrimination Law and has had articles published in the Employment Lawyers Association briefing - most recently on the territorial scope of the Equality Act 2010. He also sits on the Bar Council Equality and Diversity Committee, its legislation sub-committee, and he lectures on the Equality Act in that capacity. He is an ELA member.

Thomas receives instructions from Claimants and Respondents and regularly acts for private sector clients (including High Street banks, FTSE 100 companies and charities) and public sector clients (including local authorities, the Metropolitan Police and the NHS). His recent cases include:

• Hogg v Camelot plc (2011) (UKEATS/0019/10) (represented the Respondent / Appellant in a 2 day EAT hearing appealing from a finding of unfair redundancy dismissal. The Scottish EAT gave guidance on redundancy consultations and natural justice)
• W v HC (2011) (represented the Claimant in a High Court breach of employment contract claim which resulted in a six figure settlement)
• Carrington-Jones v Metropolitan Police (2011) (represented the Respondent in a successful application for a £10,000 cost award against the Claimant)
• Clarke v H, PC and DD (2010) (Represented the first Respondent, a national law firm, in a 3 week race discrimination and victimisation claim by a solicitor)
• McFarlane v Relate Avon Plc [2010] ICR 507 [2010] IRLR 196 (EAT) (junior counsel for the Claimant, delivered the oral submissions on discrimination and unfair dismissal at both the Preliminary Hearing and the 2-day Full Hearing)
• Richardson v CCB (2010) (EAT) (represented the Claimant in a Rule 3(10) hearing in which HHJ Clark granted permission to appeal)
• S v Serious Organised Crime Agency (2010) (represented the Respondent at a 5 day remedy hearing) 
• Norris v Great Dawley Parish Council All ER (D) 278 (Nov) (2008) (EAT) Lawtel (represented the Claimant on appeal to the EAT in a constructive dismissal case)

Commercial, including Insurance and Professional Negligence

Thomas has experience of advising on and acting in a range of commercial law proceedings in both the High Court and County Courts. Colin Wynter QC and Thomas were successful in the recent Commercial Court test case of Webster Dixon & ors v Equity Syndicate & ors [2011] EWHC 2661, concerning legal expenses insurance (as reported in The Lawyer).

Thomas also has arbitration experience and, in the field of professional negligence, has lectured on the SAAMCO case law. He is a COMBAR member.

 Thomas' recent cases include:

• Webster Dixon & ors v Equity Syndicate & ors [2011] EWHC 2661(junior counsel for the Claimant in High Court claims concerning the interpretation of legal expenses insurance regulations)
• Irenicon v Integrated Solutions (2011) (represented the Defendant in a professional negligence action)
• W v HC (2011) (represented the Claimant in a High Court breach of employment contract claim which resulted in a six figure settlement)
• Aslam v Camelot plc (represented the Defendant in a Norwich Pharmacal application by the Claimant for disclosure of the details of a National Lottery winner)
• Penycate v Wembley National Stadium (2010) (represented the Defendant in a County Court breach of contract claim)
• Revenue & Customs Comrs v Benchdollar [2009] EWHC 1310 (Ch) (second junior counsel for HMRC at the pre-trial stages of a multi million pound NIC estoppel claim)
• LMC v Akram (2009) (represented the Appellant in a costs appeal)

Thomas has also worked with the Treasury Solicitors under their scheme for junior barristers.

Personal Injury / Clinical Negligence

As well as drafting pleadings and settling schedules, Thomas advises on fast track and multi track cases in relation to liability and quantum. He also accepts instructions to appear at inquests. Thomas is a PIBA member.

Thomas' recent cases include:

• McKeever v Motorsport Vision & ors (2011) (represented the Claimant in a High Court CMC concerning expert evidence)
• Dey v NYK Logistics (2010) (acted for the paralysed victim of a multi-vehicle RTA at the inquest into the death of another driver)
• Smeaton v Ministry of Defence (2010) (represented the Claimant in a multi track claim for PTSD, opposing an application by the Defendant to rely on expert evidence rather than the Ogden life multiplier)
• White v CICA (2010) (represented the appellant  - the victim of an assault by off-duty police officers - in an appeal against the Criminal Injuries Compensation Authority)
• Earey v Ascot Racecourse Ltd & Anderson Ltd (2009) (represented the Claimant defending an application for Part 20 costs)
• R Lal v London Brick Co (2009) (represented the Applicant in an application for pre-action disclosure)
• W Brown v Birmingham CC (2008) (represented the Claimant in 2 day multi-track case in which the Claimant was awarded £25,000)

Human rights / religious discrimination

Thomas specialises in religious discrimination law and human rights, recently being called to give evidence to a Parliamentary Committee considering legal reform in this area. Thomas has extensive media experience in this field having given television interviews on BBC1, BBC News 24, CNN and Channel 4 and radio interviews on Radio 4's Today Programme and Radio 5 Live, amongst others.

Thomas writes Bloomsbury Professional's Discrimination Law section on religious exceptions to the Equality Act 2010 and sits on the Bar Council's Equality & Diversity Legislation & Guidance sub-commitee. He has experience in advising employers, service providers and professional associations on religious discrimination issues (including in the context of judicial review) arising from the European Convention on Human Rights and the Equality Act 2010.

Cases Thomas has been involved with (either as counsel, or assisting counsel) include:

• Amachree v Wandsworth LBC [2010] EqLR 254 ET (representing the Claimant in a 3 day unfair dismissal and religious discrimination claim)
• McFarlane v Relate Avon Plc [2010] ICR 507 [2010] IRLR 196 (see above)
• Nadia Eweida v British Airways (2007) (ET)
• R (Playfoot) (a child) v Millais School Governing Body [2007] EWHC 1698 (Admin) 
• McClintock v Department of Constitutional Affairs (The Times Law Reports 5/12/2007)

Education

Bar Vocational Course at BPP Law School, London

MA (Law) (Cantab) at St Catharine's College, University of Cambridge.

Scholarships and awards

Kemp-Gooderson Scholarship
Lincoln's Inn Hardwicke Scholarship
Lincoln's Inn Tancred Studentship
Cambridge University Squire Scholarship
Adderley Prize for Law
Mrs Payne (1610) Scholarship
St Catharine's College Book Prize

Further Information

Thomas is a trustee for Prospects, a national charity which provides accommodation and support for people with learning disabilities. He is also on the board of trustees of Helping Point, which provides education and healthcare for children in the Indian state of Orissa. Thomas sits on the National Council of the Lawyers' Christian Fellowship.

Thomas is a Free Representation Unit (FRU) Representative.