Karen Moss > Chambers of David Berkley QC > London, England > Lawyer Profile

Chambers of David Berkley QC
3PB
3 PAPER BUILDINGS, TEMPLE
LONDON
EC4Y 7EU
England
Karen Moss photo

Work Department

Employment.

Position

Karen Moss has 17 years’ experience as an employment law specialist, instructed on behalf of both respondents and claimants to undertake all aspects of employment and discrimination work. She is Deputy Head of 3PB’s employment and discrimination law group.

She has been most recently ranked as a Tier 1 Leading Junior at the Employment Bar and recognised as “extremely tenacious in pursuit of her client’s case and their best interests” (Legal 500, 2020).

Her areas of specialist knowledge include all forms of unfair and wrongful dismissal as well discrimination and harassment relating to all protected characteristics, victimisation, unlawful detriment and whistleblowing claims.  She has particular interest in disability, race and sex discrimination, and regularly advises on TUPE, breach of contract, pensions, working time, stress at work claims, unlawful deductions from wages, equal pay claims, post-employment restrictions and injunctive relief. She regularly appears in the Employment Appeal Tribunal, and has represented clients in Court of Appeal on employment-related matters.

She has been instructed to draft a wide variety of employment pleadings and frequently advises parties pre- and post-action in industrial relations matters generally and tribunal and/or county court and/or High Court litigation,

Karen undertakes work via Direct Access for lay clients, on Conditional Fee and Damages Based Agreements and on a pro bono basis in appropriate cases. Additionally she has represented parties in judicial and other mediations regarding employment and wider commercial disputes.

She gives lectures, seminars and produces training material on the development of employment law to solicitors, human resources and other professionals.

Karen is known as having a down-to-earth and practical approach with clients, combined with being a knowledgeable, skilful and tenacious advocate.

Publications and seminars

  • Post Pnaiser Protection – ((1st September 2017) NLJ 13) an update on discrimination arising from disability after Pnaiser v NHS England and another, published by the New Law Journal
  • ‘EAT Guidance in Pnaiser and Hampshire v Wyatt – An update on knowledge and compensation in disability discrimination cases (from the ‘Solent Employment Law Training Day’)’ ELA online resource 10th February 2017
  • ‘Keeping an eye on the Information’ (23rd July 2004) 154 NLJ 11

Employment tribunal work has included both Claimant and Respondent work relating to unfair dismissal (substantive and procedural, constructive or actual), wrongful dismissal, discrimination (sex, sexual orientation, race, age, disability, religion and belief; direct and indirect), harassment, victimisation, stress at work claims, unlawful detriment claims, equal pay claims, TUPE, breach of contract, PIDA/whistleblowing claims, working time and unlawful deductions from wages. She has a particular interest in disability discrimination claims, including failure to make reasonable adjustments, and race and sex discrimination claims.

She is also regularly instructed to appear or to advise in matters of employment-related insolvency and judicial or other employment mediations. She has been instructed to draft a wide variety of employment pleadings and frequently advises parties pre- and post-action in industrial relations matters generally and tribunal and/or county court and/or High Court litigation, including post-termination restrictions and injunctive proceedings. She regularly appears in the Employment Appeal Tribunal and has appeared in the Court of Appeal on employment matters.

Karen undertakes work via Direct Access for lay clients, on Conditional Fee and Damages Based Agreements and on a pro bono basis in appropriate cases. Additionally she has represented parties in judicial and other mediations regarding employment and wider commercial disputes.

She gives lectures, seminars and produces training material on the development of employment law to solicitors, human resources and other professionals.

Reported and interesting appellate cases:

Ahmed v Cardinal Hume Academies UKEAT/0096/18 29th March 2019

Successfully defended an appeal regarding disability harassment and direct discrimination because of disability. Mr Justice Choudhury (P) found that the tribunal had been correct to find that if it was not reasonable for the conduct to be regarded as violating the Claimant’s dignity or creating an adverse environment for him, then it should not be found to have done so. Additionally, the tribunal had concluded that the Appellant had been suspended because of his difficulties with handwriting. That was a finding that treatment was because of the adverse effect of an impairment or of something arising from disability; it was not a finding that the treatment was because of the disability – whether dyspraxia or some other unspecified physical or mental impairment – itself.

Baldeh v Churches Housing Association of Dudley & District Ltd UKEAT/0290/18/JOJ 11th March 2019

HHJ Shanks determined that where the original decision to dismiss was for disability-related reasons, without knowledge of the disability, but the appeal decision, upholding the dismissal was for the same reasons, with the requisite knowledge of a disability, that was actionable by an employee claiming to have been dismissed because of something arising in consequence of her disability. The ET had failed to apply the correct thresholds for liability under s.15 Equality Act 2010 and so the matter was remitted to a fresh tribunal

Philcox v CGDM Ltd TA Andrew Wilson & Co A2/2016/2804

May 2017 Representing the successful Respondent in the Court of Appeal, Lord Justice Underhill set aside the permission to appeal granted last year by Lord Justice Elias in this factually complex case involving multiple allegations of sex discrimination and unfair dismissal (EAT in February 2017 EAT/0819/16/DA).

Hampshire County Council v Wyatt UKEAT/0013/16/DA

October 2016 Represented the successful Respondent before the President of the Employment Appeal Tribunal Mrs Justice Simler DBE who gave invaluable guidance in relation to the divisibility of injuries and proportionate reduction of ITF and personal injury awards and on the use of medical evidence in employment tribunals for personal injury claims.

Pnaiser v NHS England and Coventry City Council  [2016] IRLR 170

November 2015 Represented the successful Appellant in showing that a prospective employer could be liable for discrimination arising in consequence of a disability, by relying on a reference which itself was discriminatory, even if the prospective employer did not know of the link between negative reference and the disability. The decision of the Tribunal overturned and a decision upholding her claims for disability discrimination was substituted.

Scotthorne v Four Seasons Conservatories (UK) Limited  UKEAT/0178/10/ZT

Whether the Tribunal was correct not to order disclosure of documented advice from “Employment Consultants” or HR professionals who were not legally qualified on the grounds of either legal advice privilege or litigation privilege and the application of New Victoria Hospital v Ryan [1993] IRLR 202 and Three Rivers DC v Bank of England (No.6) [2005] 1 AC 610.

Snows Motor Group Ltd v Palmerino UKEAT/1512/08DM

Whether the Tribunal had “slipped into the substitution mindset” following the Court of Appeal decision in London Ambulance v Small and the applicability of the statutory disciplinary procedures where detailed evidence had not been provided until the Step 2 hearing.

Lloyd-Briden v Worthing College [2007] 3 CMLR 27, EAT

The applicability and effect of the ECJ decision in Mangold on the age discrimination provisions before the implementation date in the UK.

London Borough of Camden v Price-Job UKEAT/0507/06/DM [2007] All ER (D) 259 (Dec)

Question of whether the Tribunal correctly considered all relevant circumstances of Respondent to a DDA claim, and whether they considered the effect of s.3A(6) appropriately. Additionally the application of the law in relation to whether an appropriate assessment of an employee is a necessary pre-condition to reasonable adjustments.

Roberts v Valleyrose Ltd T/A Fernbank Nursing Home UKEAT/03944/06/D [2007] All ER (D) 163 (Aug)

Question of whether the Tribunal was biased against the Appellant and whether the Appellant had had a fair opportunity to refute an allegation of bad faith in a PIDA claim.

Career

Called 2002, Middle Temple. A Diplock Scholar (Middle Temple) and a member of the independent Bar since 2002. Completed pupillage at 3PB in 2003, started tenancy thereafter. An accredited mediation advocate.

Memberships

  • ELAAS (the Employment Lawyers Appeals Advice Scheme)
  • Accredited Mediation Advocate.
  • Employment Law Bar Association
  • Employment Lawyers Association

Education

  • LLB(Hons) from Sussex University
  • BVC at Inns of Court School of Law

Lawyer Rankings

Regional Bar > South Eastern Circuit > Employment

(Leading Juniors) Ranked: Tier 1

Karen Moss3PBExtremely tenacious in pursuit of her client’s case and their best interests.

3PB is home to Andrew MacPhail and Karen Moss, both of whom act for respondents and claimants, with particular specialisms in Employment Appeal tribunal work and disability and sex discrimination respectively.