Pravin Fernando

Call 2009

Pravin Fernando | Call 2009

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Overview

Pravin has a developed practice in all areas of employment law with much of his experience in claims involving unfair dismissal and discrimination. He acts for both claimants and respondents.

Employment

Pravin’s background in medical and policing law provides him with an excellent background in employment claims arising from those contexts. Pravin also has specific experience in claims for breach of contract and injunctive relief arising from Maintaining High Professional Standards in the Modern NHS 2005.

cases & work of note

Dr S v An NHS Trust – claim by consultant psychiatrist in learning disabilities for breach of contract and injunctive relief pursuant to Maintaining High Professional Standards in the Modern NHS 2005.

LM v A College – claim for constructive dismissal concerning a special needs teacher where independent investigations had been instigated to assess why the working relationship between staff was so difficult.

A PLC v DA – claim made by former employer for money allegedly owed and a statutory demand was made pursuant to section 268 Insolvency Act 1986. It was alleged that the former employer who was a director and finance director had defrauded the company.

JS v A Police Force – appeal to the EAT concerning a claim for unfair dismissal where the claim had been disallowed to due expiry of limitation.

PK v Police Force –claim for unfair dismissal concerning the unauthorised access and deletion of an email by an IT staff member from an HR personnel account.

MR v An Ambulance Trust – claim for unfair dismissal of an ambulance worker who had absences over previous years. She was put on a final warning and then dismissed. In addition to her illness which triggered the final warning was an accident at work. She had been required to maintain 100% attendance over previous year.

MC v A Police Force Claim concerning victimization including advertising the Claimant’s job whilst still in post. The officer had been questioned about his suitability to return to his former post which was related to a protected act, namely support for deaf colleague.

OF v A Bank – claim for unfair dismissal by employee working in leveraged finance role. He was performance managed over a number of years and then dismissed. The claim related to the manner of his performance management.

reflections

This can be a high emotion jurisdiction for claimants and respondents alike and as an advocate it’s essential to provide a robust and level headed service. I thinks it’s of great benefit that I regularly appear before tribunals because they often have a different feel to a judge sitting alone. Understanding the tribunal is often half the battle. It may sound obvious but it’s very important to identify and articulate what points are likely to be persuasive and which are not.

“Given how much is at stake for those involved there is no holding back as an advocate.”

Employment claims often throw up a host of issues and the exercise of fine judgment often arises long before one steps foot in court. It’s also often the detail that counts so in addition to a strong case theory, being on top of the detail is often what counts in the end. Given how much is at stake for those involved there is no holding back as an advocate.