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2 TEMPLE GARDENS, TEMPLE, LONDON, EC4Y 9AY, ENGLAND
Tel:
Work 020 7822 1200
Fax:
Fax 020 7822 1300
DX:
134 LONDON CHANCERY LANE
Email:
Web:
www.2tg.co.uk

Bruce Gardiner

Tel:
Work +44 (0)20 7822 1243
Email:
2TG – 2 Temple Gardens (2TG – 2 Temple Gardens)

Position

Head of the employment group acting both for and against employers in all areas of employment law, particularly unfair dismissal, sex, race and disability discrimination, harassment, flexible working, equal pay (both equal work and equal value cases) restrictive covenants, agency workers pregnancy and maternity leave, directors duties, contractual claims, redundancy, transfers of undertakings, ill health early retirement, employment-related personal injury, quantification of loss and pension issues. Significant experience of disputes involving directors and partners, and discrimination claims against trades unions. Cases include: D’Silva v NATFHE [2008] IRLR 412 (EAT): correct legal approach to multiple allegations of discrimination. Relevance to discrimination claims of failure to keep ethnic monitoring information and of inadequate answers in questionnaires (WHCG). CNM v Tune (June 2009) QBD: liability of former employee for breach of implied term of fidelity and post termination restrictive covenants. Dickins v O2 [2009] IRLR 58 (CA): whether damages are recoverable for stress at work. Green v Sunset & Vine (2010) EWCA Civ 1441 CA: liability of TV production company for motor racing accident at televised event. Mee v Knowsley MBC and ISS (2010) Liverpool ET and EAT: group equal pay claim brought by manual workers at Knowsley Council arguing that work rated as equivalent under White Book. Lazarus v BNY Mellon (2011): High Court stress claim brought by City banker. Burgess v Bear Stearns [2011] UKEAT/026120/10. Hall v UHB NHS Trust (2011): successfully defeated substantial whistleblowing claim arising out of practices at the respondent Trust, and obtained substantial cost award in respondent’s favour. McKeever v Motorsport Vision (2012): 10-day High Court trial arising out of a motorcycle racing accident at Cadwell Park. Plato v North One (2012): Injury to Fifth Gear presenter competing in British Touring Car Championship.

Career

Called 1994; Middle Temple; Queen Mother Scholar of the Middle Temple.

Member

COMBAR; Employment Lawyers Association; Employment Law Bar Association; Personal Injuries Bar Association.

Education

Tonbridge School; scholar of St John’s College, Oxford (1993 BA Jurisprudence First Class Honours).

Leisure

Theatre, golf.


London Bar

Employment

Within: Employment – Leading juniors

Bruce Gardiner - 2TG – 2 Temple GardensHe is clear, client friendly and authoritative.

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Personal injury, industrial disease and insurance fraud

Within: Personal injury – Leading juniors

Bruce Gardiner - 2TG – 2 Temple GardensHe has great attention to detail and an excellent client facing manner.

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  • Korean Financial Regulators Advance Legislation to Introduce Regulatory Sandbox to Spark FinTech

    The 2018 year in review in Korea was notable for the sluggish overall economy, uncertainty surrounding the geo-politics and impact on Korea due to the global trade wars, on-going concerns related to the lack of jobs and unemployment, increased taxes and burdens for businesses and families, and no meaningful improvement or clarity in the current situation for 2019. In response, the Korean National Assembly passed a legislation called the Financial Innovation Support Act (the “FinISA”) on December 7, 2018 to spark the financial services industry in conjunction with FinTech products and services. The FinISA, which will soon take effect in March 2019, is intended to lay the legal foundation to introduce a regulatory sandbox for innovative financial services, where FinTech firms test their new products and services without certain regulatory oversight pursuant to exemptions for a limited period of time (“Sandbox”). As the FinISA exempts or defers application of existing finance-related regulations for new financial technology, products or services with the purpose of fostering the creation of innovative and new financial products and services, it will also support the stabilization of such services in the financial services market at the end of the testing period and is expected that the FinISA will support a revitalization of the FinTech industry which experienced sluggish growth in recent times. In particular, as companies and investors become more interested in security tokens and Security Token Offerings (“STO”) which are regulated by the Financial Investment Services and Capital Markets Act (the “FSCMA”), there have been on-going discussions and debates as to whether the FinISA could lead to a breakthrough in the crypto-asset industry based on blockchain technology. Crypto assets encompasses those assets which utilize blockchain technology where the asset is digitalized by utilization of cryptography, peer-to-peer networks and a public ledger of verified transactions resulting in a ‘units’ of such a crypto asset without any involvement by middle-persons or brokers (e.g., cryptocurrency.
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  • 2018 FCPA Enforcement Actions and Highlights

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  • BAG – Employers can claw back bonus payments

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  • Stricter supervision in relation to the Scheme for Naturalisation of Investors in Cyprus by Exceptio

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  • 19% VAT on Plots

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