Simon Tibbitts > Chambers of David Berkley QC > Bristol, England > Lawyer Profile

Chambers of David Berkley QC
3PB
ROYAL TALBOT HOUSE, 2 VICTORIA STREET
BRISTOL
BS1 6BB
England

Work Department

Employment

Position

Simon Tibbitts is an employment law specialist. He provides advice and representation to a diverse array of clients, from individual employees through to national companies such as Wincanton and HSBC and government organisations such as the MOD and NHS. He regularly appears in employment tribunals and courts nationwide as well as having appeared several times in the Employment Appeal Tribunal.

Simon was promoted to the Attorney General’s Regional Panel B of Counsel in April 2018 and has been sitting as a Panel Member on Independent Police Misconduct Hearings since November 2015. Pursuant to a clear desire to utilise his experience and expertise in innovative ways, Simon undertakes mediations, accepts direct access instructions and has conducted internal whistleblowing investigations as well as disciplinary hearings.

Simon regularly provides training and always seeks to use interactive methods, such as panel session debates, breakfast forums or group workshops.

EMPLOYMENT AND DISCRIMINATION

Simon specialises solely in employment law and has practised in this field for nearly 10 years. He is a calm, clear and precise advocate whose questions are carefully constructed to get the best possible evidence from any witness.

He can receive instructions on a direct access basis and in addition to the more classic functions of a barrister in providing advocacy and advisory services he has been involved with mediations, chaired internal investigations and disciplinary hearings and is able to provide advice on internal policies and procedures and the conduct of grievance and disciplinary hearings from the early stages of a potential claim so as to ensure that the risk of a claim being brought is minimised from the outset.

Simon is a keen public speaker and is always looking for fresh and innovative ideas and ways in which to provide training to clients. He regularly provides training on all areas of employment law to in-house legal departments, HR professionals and law firms. If so desired a more specialist and bespoke training package can be provided which is tailored to the pertinent issues appropriate to each individual client and the sector within which they operate.

His knowledge and experience spans the entire spectrum of employment law disputes but he has particular interest and experience within the following areas:

  • All aspects of unfair dismissal including constructive unfair dismissal
  • Redundancy
  • Wrongful dismissal
  • All other contractual claims (unlawful deduction of wages etc.)
  • Holiday pay
  • All areas of discrimination
  • Protected disclosures (whistleblowing)

Seminars in recent years have included:

  • The Equality Act 2010
  • Schedules of loss where more complex issues are involved such as career long losses and ‘grossing up’ for tax purposes
  • 2013 ET rules reform and introduction of fees
  • Conducting disciplinary and grievance hearings
  • Zero-Hours contracts
  • Tips and tactics for recovering costs and tribunal fees
  • Collective Redundancies
  • ACAS Early Conciliation
  • Age Discrimination – from birth to death
  • Bonus Payments and Maternity Leave

Recent EAT cases

  • Luvualu & Ors v. Zenith Contractors Ltd UKEAT/0154/14/DM
  • Holman v Devon County Council UKEAT/0127/15/BA

Recent Work

  • Instructed for a Respondent employer in a 4-week trial involving 5 claimants involving multiple strands of discrimination, whistleblowing and unfair dismissal claims [Favourable settlement achieved following 2 day Judicial Mediation]
  • Acted for a large national Respondent employer in a 2-week trial involving numerous unspecified complaints by the claimant of disability and race discrimination, victimisation, harassment, whistleblowing and unfair dismissal. [All claims dismissed]
  • Acted for the MOD in a complex 5 day disability discrimination claim. [All claims dismissed]
  • Acted for a Claimant nurse in a 5-day hearing involving claims of disability discrimination, constructive unfair dismissal and victimisation. The Respondent’s main witness was critically ill and on a permanent oxygen supply which clearly necessitated careful cross-examination but we were successful in achieving an overall award in the region of £60,000.

Career

Year of call 2006, Inner Temple.

Memberships

  • Attorney General’s Regional Panel of Counsel (Panel B) (April 2018)
  • Panel Member – Independent Police Misconduct Hearings (November 2015)
  • Employment Lawyers Association

Education

  • University College London, LLB in law (Upper Second Class Honours)
  • Inns of Court School of Law, Bar Vocational Course (Very competent)

Lawyer Rankings

Regional Bar > Western Circuit > Employment

(Leading Juniors) Ranked: Tier 3

Simon Tibbitts3PBSimon is an excellent advocate. He has superb attention to detail and is meticulous in his preparations. He is willing to go the extra mile. I have found him always to be a very safe pair of hands and he is able to get to grips with complex cases very quickly.

3PB has a ‘strong, client-focused employment group that is able to deliver strong advocates on short notice‘. Simon Tibbitts represented the Crown Prosecution Service in defeating a disability discrimination case in which the claimant was unusually subjected to a costs order, while Stephen Wyeth  represented an organic lubricant firm in a claim above the statutory maximum brought by a former director, who changed the company’s top-level web domain from .org to .com without permission. Turning to employee work, Andrew MacPhail represented the claimant in Court of Appeal case BMC Software v Shaikh, an equal pay claim.