About Fergus
Fergus is a barrister with 25 years’ experience in employment / discrimination law and related fields.
His employment work includes the staple diet of unfair and wrongful dismissal actions, together with all aspects of discrimination (across the gamut of protected characteristics) and harassment, equal pay, whistleblowing, collective and individual redundancies, and TUPE Regulations, as well as more general contractual disputes, at all judicial levels up to the Court of Appeal.
He has assisted numerous organisations in drafting contracts and policies, with particular emphasis on discrimination and equal opportunities provisions, as well as the implementation and review of risk assessments.
A more recent development in his practice has been to carry out a number of workplace investigations for companies, sports clubs, and other institutions into internal matters of alleged misconduct, discrimination and harassment.
He has many years’ experience of dealing with employment related claims such as accidents at work (including industrial disease, vibration and deafness cases), stress at work, and bullying / harassment (with considerable experience of such behaviour within UK Armed Forces).
A good deal of his time is spent training on Employment Tribunal practice and procedure on behalf of companies and organisations such as ACAS (primarily in the form of mock hearings), and giving seminars / workshops on updated legal developments and other topics to a wide variety of lay and professional clients. This training extends to 'prevention rather than cure' advice for employers, and employee well-being.
He has a particular interest in mental health issues, from the implementation of and adherence to appropriate policies and procedures, through to litigation.
Member of the Employment Lawyers’ Association.
Contact Fergus
Call: 0345 404 4108
Mobile: 0797 388 3412
Notable work & expertise
Recent notable cases
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Hybrid Employment / PI claim brought by a politician alleging bullying / discrimination by his political party (including separate actions against individual colleagues). Acting for the Respondent / Defendant, with all claims ultimately dismissed
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Associative disability discrimination claim against a major retailer, resting on the applicability of the concepts of that doctrine in both direct and indirect claims of differential treatment, with reference to both UK and European jurisprudence
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Acted for the captain of the England blind / partially sighted football team in his grievance for discrimination / harassment against the FA. Negotiated a successful resolution which enabled him to continue his sporting career
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Successfully represented a local animal rescue organisation in its defence of an action brought following an employee’s dismissal for animal cruelty misconduct, which eventually made its way up to the EAT on the issue of the medical evidence provided. The RSPCA and PETA had pushed this into the national press agenda
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Acted for the Claimant senior teacher (public access) in her claim against her school for unfair dismissal and religious and age discrimination. Listed for 2 weeks, but settled after one week following my cross examination of the Respondent witnesses
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Represented a public school of national significance in its defence of a multi-dimensional claim by a former teacher, involving allegations of whistleblowing, age and disability discrimination
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High Court action involving the employment rights of an employee with learning difficulties in a TUPE situation and – in currently applicable jurisprudence arising from the claim - allegations of misrepresentation / negligent misstatement as between a transferor / transferee (consultation, communication and knowledge of the parties as to the Claimant’s situation)
Recent notable cases
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Chaired an independent investigation into bullying / harassment allegations at a professional rugby union club, involving interviewing witnesses / the alleged perpetrator, and subsequently writing a detailed report into the legitimacy of disciplinary proceedings
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