Robin Pickard > 3PB > London

Robin Pickard is a barrister who specialises in employment and discrimination law. He joined 3PB in March 2024, having completed an employment law pupillage at a boutique employment law firm in London.

Robin acts for public/private sector employers, including international organisations, public authorities, education providers, and charities, as well as mid/senior level executives, doctors and other regulated professionals.

Robin has a busy courtroom and advisory practice. He regularly appears in preliminary and final merits hearings, and advises on complex issues, such as the impact of Convention rights (e.g., private/family life and freedom of expression) on unfair dismissal claims, redundancy and TUPE transfers.

Robin’s recent highlights in employment law include successfully defending a Respondent following a 9-day liability hearing (concerning, amongst other matters, race discrimination), defending a Respondent in a 5-day hearing (whistleblowing), as well as a successful appeal before the President of the EAT (in Ballerino v The Racecourse Association Ltd [2024] EAT 98).

In January 2025, Robin also appeared as junior counsel to Karon Monaghan KC in the Court of Appeal. This appeal concerned the interpretation of an unrepresented party’s claim form and the status of lists of issues. Robin has appeared as sole counsel in the EAT (successfully on two occasions), and has drafted grounds of appeal and skeleton arguments in other matters before the EAT and the Court of Appeal. He welcomes instructions in appellate cases and is keen to develop this aspect of his practice.

Robin’s recent experience in employment law preliminary hearings include successfully resisting applications for interim relief (whistleblowing), obtaining an order for strike-out on jurisdictional grounds (time limits) and acting in complex hearings for senior executive clients.

During his pupillage, Robin advised senior executives and other regulated professionals in high-value employment litigation involving discrimination, whistleblowing and misconduct in the workplace. His in-house experience developed his tactical awareness and ability to deal with procedural matters, including whether correspondence is covered by differing forms of legal privilege and making successful applications for specific disclosure (including for pay information in an equal pay complaint). Robin prides himself on his strategic approach and his ability to integrate into legal teams and put his clients at ease.

Robin can also be instructed through the Direct Access Scheme and is happy to discuss potential cases with clients without obligation.

Employment and discrimination

Robin Pickard acts for both claimants and respondents in preliminary and final hearings in the Employment Tribunal, as well as drafting and advising on the full range of employment disputes and issues.

Notable examples of Robin’s work include:

Successfully appeared on behalf of the Respondent in a 9-day hearing for claims of race/religious discrimination, victimisation, whistleblowing and constructive unfair dismissal.
Successfully represented the Respondent in a 5-day whistleblowing case. The Tribunal accepted Robin’s submissions that (a) there were no protected disclosures, and (b) the dismissing officer was not influenced by any of the alleged disclosures.
Successfully represented the Respondent in a 4-day race discrimination claim, involving allegations of harassment and that the Claimant’s dismissal was tainted by race discrimination. Robin persuaded the Tribunal that the claimant’s actual comparator was in materially different circumstances and the Tribunal accepted the way in which Robin characterised the hypothetical comparator.
Successfully acted for the Respondent in a 2-day final hearing (alleged unfair dismissal as part of a redundancy exercise).
Successfully acted for the Respondent in a 1-day final hearing (wrongful dismissal). Robin satisfied the Tribunal that the Claimant had sent commercially sensitive data to himself in breach of the company’s IT and disciplinary policies.
Successfully represented the Defendant employer in the County Court in relation to the validity of a Direct Earnings Attachment Order.
Successfully appeared on behalf of the Respondent in a 5-day hearing for claims of race discrimination, constructive unfair dismissal and entitlement to commission.
Drafted a Respondent’s Answer in a matter before the EAT (concerning TUPE).
Successfully defended a Respondent company in a claim for unfair dismissal – following a 3-day hearing, the ET accepted Robin’s submissions that the claimant’s compensation should be reduced by 100% to reflect Polkey and contributory fault.
Successfully appeared on behalf of a senior executive in a complex preliminary hearing – the Tribunal agreed that it was in the interests of justice for the Claimant’s claims to remain unconsolidated, which provided the Claimant with a strategic advantage.
Appearing as junior counsel to Karon Monaghan KC before the Court of Appeal.
Successfully acted for a Claimant in a TUPE transfer remedies hearing – the ET awarded full protective awards under both TULRCA 1992 and the TUPE Regulations 2006.
Drafting grounds of resistance in a Part 3 Equality Act claim (issued in the County Court) concerning the provision of equestrian services to a partially sighted individual.
Advising clients on the merits and quantum of an unfair dismissal claim in relation to the breach of a company’s uniform policy (unnatural hair colours) and the allegation that this policy indirectly discriminated against women.
Successfully acted for a Claimant in a claim for unfair dismissal and unlawful deduction of wages. The Tribunal found that the Claimant had been unfairly dismissed and awarded her close to £70,000. The Tribunal also ordered the Respondent to pay £20,000 to the Secretary of State as a financial penalty.
Robin appeared for the Claimant before the President of the EAT in Ballerino v The Racecourse Association Ltd [2024] EAT 98. The Claimant appealed on the basis that the Tribunal had not applied the definition of redundancy under section 139 of the Employment Rights Act 1996 when considering whether her dismissal was tainted by maternity discrimination. Robin successfully appealed the Employment Tribunal’s determination and is currently instructed in the remitted case before the ET.
Drafting a skeleton argument that persuaded an Employment Tribunal Judge to strike out a claim because the Claimant had destroyed key evidence (r 37(1)(b) and (1)(e) of the ET Rules 2013). The strike out decision was upheld by the EAT in Kaur v Sun Mark Ltd and Others [2024] EAT 41.
Acting as sole counsel in the reported case of N Moustache v Chelsea and Westminster NHS Foundation Trust [2022] EAT 204. Robin successfully argued that the ET had failed to identify a discriminatory dismissal claim which an unrepresented party had pleaded in her ET1. Robin was co-instructed alongside Karon Monaghan KC (on behalf of the Claimant) in the Respondent’s appeal to the Court of Appeal.
Securing a six-figure award for his client in a claim of disability discrimination (three-day trial and consequential remedies hearing). The core and medical bundles ran to more than 2,000 pages.
Successfully applying to amend his client’s pleadings at a Preliminary Hearing. Thereafter, Robin submitted a schedule of loss which led to a favourable settlement for his client (these instructions included advising on the terms of the COT3 agreement).
Successfully achieving a finding of unfair dismissal after a two-day hearing (liability and remedies).

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