The Legal 500

Position

During the last 12 months, Melanie has been involved in a broad range of heavyweight cases. She successfully represented the claimants in Mak and others v British Airways, in which the Employment Appeal Tribunal held that UK age discrimination and race relations legislation apply to Hong Kong-based cabin crew. Melanie also appeared in a succession of long-running race discrimination complaints, acting for employers in both the public and private sectors. Equal pay litigation was a major part of Melanie’s practice during 2009. She is acting for the claimants (with Antony White QC) in Newcastle upon Tyne Hospitals NHS Trust v Armstrong and others (Armstrong No 2). The case had its second outing to the EAT in October 2009, one of the issues being the effect of the Court of Appeal’s controversial decision in Armstrong No 1. In a judgment handed down in February 2010, Underhill P dismissed the Trust’s appeal. Melanie is acting for Unison and GMB claimants (with Gavin Millar QC) in mass equal pay claims covering all local authorities in Wales. She also represents the claimants in Brett and others v Hampshire County Council. The Brett cases came before the EAT In January 2010, when Underhill P decided various preliminary issues concerning the effect of the statutory grievance procedures. Melanie continues to be a popular choice for disputes involving the Transfer of Undertakings (Protection of Employment) Regulations 2006. She is currently involved in an appeal concerning the application of TUPE where a company is in administration, which is due to heard by Underhill P in 2010. Melanie’s recently reported cases include: Cooper and others v Isle of Wight College [2008] IRLR 124 (a test case concerning the amount of pay an employer can withhold from employees who participate in industrial action) and Ashcroft v Haberdashers Aske’s Boys School [2008] IRLR 375 (an appeal relating to limitation periods for tribunal claims). Significant work/cases over the past 12 months include: Newcastle upon Tyne Hospitals NHS Trust v Armstrong and others; British Airways v Mak and others; all Wales equal pay claims; Brett and others v Hampshire County Council; significant TUPE case.

Career

Solicitor 1983-95; qualified 1995, Inner Temple; transferred to the Bar in 1995; former partner at Norton Rose. Publications: wrote the age discrimination section of ‘Harvey on Industrial Relations and Employment Law’; author of Equal Pay Section of ‘Tolley’s Employment Law’; regular speaker on employment law.

Languages

French.

Member

Former chair and current vice-president of Industrial Law Society; Employment Lawyers Association; Employment Law Bar Association; Institute of Employment Rights.

Education

Woking County Girls’ Grammar; Oxford University (1977 BA; MA).

Leisure

Travel, cinema, novels.

Practice Areas

Education; Employment; EU and competition