Gerard Airey

Solicitor | Consultant

I qualified as a Solicitor in 2008 and my focus throughout my career has been on litigation. I am experienced in carrying out individual and multi-party litigation, having successfully represented Claimants and trade union members against a number of well-known household named companies. I frequently act for high-net-worth individuals in both the Employment Tribunal/Employment Appeal Tribunal and in discussions to terminate their employment. In addition, I act for employers and I believe that I have a well-rounded experience of employment law which enables me to look at matters from both perspectives.

I am experienced in all aspects of employment law, including discrimination, holiday pay, national minimum wage, equal pay, employee status (including IR35), unfair dismissal, TUPE and whistleblowing. I also have experience of County Court and High Court litigation.

I have been instructed in a number of reported cases as follows:

Abercrombie v AGA Rangemaster - (2013) EWCA Civ 1148 –  Successfully acted for over 300 Claimants in respect to guarantee payments in this Court of Appeal case. This is the leading authority on relabelling and amendments of claims.

Plumb v Duncan Print Group – UKEAT/0071/15/DA - Successfully acted in this EAT case which established that the Working Time Directive holiday which accrues during sickness absence is subject to an 18 month carry over period. This involved reading words into Regulation 13(9) WTR 1998.

HMRC v Saldanha – UKEAT/0067/17 – Successfully defended an appeal in the EAT in respect to a finding that an assessment resulting in the revocation of an offer of employment was due to race discrimination.

Amey Services Ltd v Cunning and others – UKEAT/0009/18/RN – Successfully defending an appeal made to the EAT on a finding that there had been material compliance with an unless order.

Flowers v East of England Ambulance NHS Foundation Trust – 3400310/2015 – Successfully acted on behalf of multiple Claimants in Employment Tribunal claims which resulted in the Court of Appeal decision which confirmed that voluntary overtime should be included in the calculation of holiday pay. The case also confirmed that NHS staff should receive average pay on all holiday due to the Agenda for Change national terms and conditions.

MacFarlane and Ambacher v Easyjet Airline Company Limited – 1401496/2015 – A landmark case in the Employment Tribunal which established that accommodation should be made for women wishing to return to work and remain on breastfeeding upon their return. Successfully representing the Claimants.

Blakely v On-Site Recruitment Solutions Limited – (2017) UKEAT 0134 – Successfully representing a trade union member in his appeal to the EAT against a finding that he was not a worker when there was a contract between the parties which involved personal service. Reported in the Mirror.

Williams v Royal Bank of Scotland – Successfully represented the Claimant in obtaining a settlement of £150,000 for failure to pay equal pay. Reported in the Mirror.

Jagruti Rajput v Commerzbank – 2207126/2017 – Represented the Claimant in her remedy hearing aspect of this case. The Claimant was recently awarded £300,000 and was widely reported in the Financial Times, Bloomberg and Reuters.

Alison McDermott v Sellafield Ltd and Nuclear Decommissioning Authority – (2023) EAT 60 – represented the Appellant in her appeal against the Tribunal’s findings she was not a whistleblower, not unfairly dismissed and against a £40,000 costs award. The EAT upheld the appeals in part including finding that the costs award was unsafe. Widely reported in national press including the BBC.

Melissa Glover v Lacoste – (2023) EAT 4 – Successfully represented the Claimant at the Employment Appeal Tribunal in respect to when PCP’s are applied in claims of indirect sex discrimination and flexible working.

David Davies v David Greene – (2022) EWCA Civ 414 – represented the Appellant in the High Court in a challenge to the Solicitor’s Disciplinary Tribunal’s finding that the Respondent was not dishonest despite a finding that the evidence in question having been found to be inaccurate.

Luke Robinson v Guy’s & St Thomas NHS Foundation Trust – 2304769/2022 – Successfully represented the Claimant in a claim for statutory redundancy pay. The Tribunal found that the job was not suitable alternative employment and there had not been an unreasonable refusal of the role in any event.

Carmen Chevalier-Firescu v HSBC Bank Plc – (2024) EAT 6 – Successfully represented the Appellant in an appeal against the strike out of her victimisation and discrimination claims by the Employment Tribunal.

If you have any employment law needs, please contact me at ga@kilgannonlaw.co.uk or call me on 07832 371 757.

Contact Gerard