Highly experienced in all types of employment litigation, Smair's practice has a strong focus on discrimination law. He acts both for respondents and claimants in substantial, high-profile cases. Instructed by many of the leading employment firms nationwide including Beachcrofts, Davenport Lyons, Thompsons, Browne Jacobson, Freeth Cartwright, Flint Bishop, Moorhead James and Richards Butler, Smair has acted directly for several local authorities, NHS Trusts and for the BBC and the IPCC. His clients range from major PLCs to individual union members.
Smair is also instructed in relation to disciplinary and professional misconduct proceedings.
Employment & Discrimination Law
Smair practices in all types of employment work with a strong emphasis on discrimination law. He acts for respondents and claimants in substantial and significant, high profile cases. He has represented major PLCs, local authorities and other public bodies as well as members of trade unions including UNISON, GMB and TWGU.
Smair is a results orientated advocate appearing regularly in Employment Tribunals, County Courts and Appellate Courts. His approach to cases is clear, concise, informed but jargon free. He aims to identify the key battleground issues at an early stage in a case and works closely in partnership with his instructing solicitors and clients on case management issues. He has experience of dealing with cases in the public domain and the handling of sensitive issues.
Public & Regulatory Law
As a natural extension to his employment and discrimination practice, Smair is often asked to advise, and instructed to appear in, professional and internal disciplinary proceedings. His clients have included NHS Trusts, the National Ice Hockey Federation and the Lawn Tennis Association.
Illustrative Cases
- Southend General Hospital Health Trust v. Nageh [2009/10]: Acted for the Trust in disciplinary proceedings concerning Consultant Cardiologist. Case involved allegations of utmost seriousness and complex clinical issues.
- Iwelu v. E.oN plc [2010]: Represented the company in substantial and lengthy claim for race discrimination.
- Re: IPCC [2007]: Smair advised the Independent Police Complaints Commission (IPCC) in relation to the employment law issues surrounding the investigation into the unauthorised publication of information by an employee of the IPCC. The investigation follows the publication of material on ITN in connection with the shooting and death of Jean Charles De Menezes on 22nd July 2005 at Stockwell Underground Station.
- Hunte & Ors v. London Borough of Newham [2009/10]: Acting for the local authority in Equal Pay proceedings brought by teaching assistants following Agenda for Change re-evaluations.
- Redmond v. Nottingham City Council [2009]: Acted for four senior officials, one of whom was an Director, of the local authority in substantial claim for race discrimination for failure to promote over the course of career. Allegation of council wide glass ceiling.
- Grantley Bispham v. Mouchel Parkman plc [2009]: Acted for the Respondent in substantial claim for race discrimination and unfair dismissal.
- Re: Derby District Council [2009/10]: Smair advised the local authority in relation to potential equal pay claims by 43 members of staff.
- Father Hart v Home Office and Roman Catholic Diocese of Brentwood [2007]: Acted for the Church in a highly sensitive case involving allegations of sexual orientation and sex discrimination by a Prison Chaplain. Issue concerning the status of persons with gender dysphoria under the Sex Discrimination Act 1975 and under European Law.
- Vickers v. SGMS Group [2010]: Smair represented a group of companies in complex and commercially sensitive case arising from the liquidation of companies.
- Denton v. Nottingham City Council [2009]: Represented the council and Assistant Director of the local authority in race discrimination claim arising from council wide restructuring.
- Fitzalan-Howard v. Nottingham City Council [2009]: Acting for the local authority in very substantial and sensitive whistleblowing claim arising from multi million schools building project.
- Kaur v. Birmingham City Council [2009]: Acted for the local authority in alleged career long claim of race discrimination.
- Seddon v. East Dorset District Council [2009]: Acting for the local authority in a disability discrimination claim brought under the public sector and service provider provisions of the DDA 1995.
The above cases are for illustrative purposes only. Please contact the clerks for details of experience in specific areas of interest.
Publications
- Cancelling Christmas is an overreaction - Personnel Today, December 2006: looking at the controversy about whether Christmas celebrations in the workplace offend religious discrimination laws
- Williams and the Justification Defence - Employment Law Journal, No.60 (2005) Looks at the Court of Appeal judgment in Williams v J Walter Thompson Group Ltd. Considers the important changes to the Disability Act 1995 by the Disability Act 1995 (Amendment) Regulations 2003. Examines the implications of the ruling with regard to prospective employers
- A case for comparison - Employment Law Journal, No.59 (2005): Looks at several high profile cases surrounding the issue of pay inequality in the public sector. Discusses the impact of the cases. Considers the role of job-evaluation schemes in preventing discrimination
- A federation of two - Employment Law Journal, No.55 (2005): Article considers the government's proposals for a unified tribunal system and the role of the Employment Tribunal within the new arrangements.
- Dispelling the myth of ageism - Financial Director, October 2006: Comment on employers' concerns about asking details concerning age in the recruitment process
- Age discrimination case falls through the net - Personnel Today, April 2007: Article concerning widely reported case of Southcott v. Royal Cornwall NHS Trust and the retrospective effect of the Age Discrimination regulations relying on Mangold v. Helm ECJ [2006] IRLR 143
- Disciplinary action over domestic violence - Personnel Today, December 2006:Comment on government backed initiative, Corporate Alliance Against Domestic Violence, and the possible pitfalls for employers disciplining workers over domestic violence.
Seminars
- Race, Sex, Sexual Orientation and Religious Discrimination (7 Bedford Row, July 2004)
- Age Discrimination (7 Bedford Row, November 2006)
- Employment Act 2008 (7 Bedford Row, May 2009)
- Disability Discrimination and the Public Sector (Veitch Penney Annual Conference, Royal College of Physicians, June 2009)
- Equality Act 2010 (DWF Solicitors, Manchester, March 2010)
- Equality Act 2010 (Sheridans Solicitors, London, September 2010)
- Equality Act 2010 (Flint Bishop Solicitors, Nottingham, October 2010)
- Smair has also delivered seminars for the TUC and the Police Federation.
Memberships
- Discrimination Law Association
- Employment Lawyers Association
Contact Smair Soor
Phone: +44 (0) 20 7242 3555
Fax: +44 (0) 20 7242 2511
Email: clerks@7br.co.uk