Piers Martin

Regular appearances in the employment tribunal nationwide, acting for both respondents and claimants in cases concerning  all forms of discrimination, whistleblowing, unfair dismissal redundancy, and breach of contract claims.

Piers is involved in matters from the pre-litigation stage up to representation at first instance tribunals and the appellate Courts and Tribunals.

He has represented clients from individuals to multi-national corporations. He has gained experience litigating cases across a wide field of different sectors including public bodies, private companies in a range of industries, education and the voluntary sector.

Piers is also frequently instructed in high profile and security vetted cases on behalf of the Commissioner of Police of the Metropolis often involving multi-week hearings. He is sought out for his intellect, expertise and discretion in dealing with this highly specialised area.

Notable Cases:

• Golding v. Southfields Community College [2006] All ER (D) (65)

• McLoughlin v London Linen Supply Ltd [2017] UKEAT/0299/16/BA

• Phipps v. Priory Education Services [2022] EAT 129

Examples of work include:

• Acting for the successful employer in the EAT (having not been instructed in the Tribunal below) in resisting an appeal by an employee against a decision not to reconsider the striking out of her age discrimination claim. The case required consideration of a novel point of law regarding the extent to which a finding of a failure by a party’s legal representative entitles that party to escape the consequences of that failure and have their case re-instated. The appeal was successfully defended and is now being appealed to the Court of Appeal.

• Representing the employer in a factually complex whistleblowing case brought by a senior member of staff against an Academy involving a claim exceeding  £600,000. The case was heard over several days and  involved detailed  written submissions covering consideration of the operation of the public interest disclosure legal regime.  In a reserved judgment running to nearly 50 pages all of the claimant’s claims were dismissed.

• Successfully defending the respondent (a lobbying organisation in the travel sector)  in a seven figure claim for whistleblowing detriment  and constructive dismissal brought by a former senior employee. After a multi day hearing, all claims were dismissed against Piers’ client.

• Acting for the Commissioner in a very high profile case of race and sex discrimination and victimisation brought by a black Chief Inspector in the Metropolitan Police who had been convicted of possession of an indecent image of a child and was subsequently dismissed but then re-instated.

• Four day unfair dismissal hearing representing two claimants, further education tutors, dismissed after pictures of them engaged in ostensibly graphic acts appeared posted on Facebook.  Issues about the use of social media, the operation of Facebook software and adequacy of investigations. Each claimant succeeded. A mutually satisfactory outcome was negotiated prior to the subsequent remedies hearing.

• Successfully representing claimant in against Barclays Bank PLC involving complex issues of poor-performance and breaches of FSA regulations leading to ill-health, disability discrimination and unfair dismissal.

Piers’ family practice is focused exclusively on financial remedies disputes arising out of marriage, civil partnership and co-habitation, including high net worth matters together with cases involving more modest assets but with complicating factors such as intervening third parties, obscure company structures and offshore assets and trusts. He has also dealt with a number of cases involving division of assets by English courts following a foreign divorce.

Work Undertaken

• Interim maintenance, financial provision and property adjustment orders including pension sharing and attachment orders.
• Variation applications.
• Restraining future disposals and avoidance of disposition orders.
• Financial Relief after overseas divorce proceedings
• Applications under Schedule 1 of the Children Act 1989.
• Trusts of Land and Appointment of Trustees Act 1996 ("TOLATA") claims.

As well as representation at Court he is often instructed to provide advice at an earlier stage in proceedings and to draft associated documentation such as complex questionnaires, detailed offers of settlement and questions to single joint experts.

Piers has a reputation amongst solicitors for providing advice and representation which is robust where necessary while retaining a manner in client care which is both personable and empathetic.

While recognising the benefits of a negotiated solution to most family disputes, on the occasions where this is not possible, and a matter requires a contested hearing his regular trial experience in the other area of his practice enables him to be an effective and tenacious advocate.

Recent Articles / Publications

Equitable Accounting - A Note on Davis v. Jackson – 12th April 2017