Bruce Gardiner

Call: 1994

Expertise

Commercial
Employment
Personal Injury
Professional Negligence

Practice Profile

Bruce is Head of the Employment Group at 2 Temple Gardens. He is often instructed in complex discrimination claims, as well as equal pay disputes, and cases involving issues of bullying and harassment, where his detailed knowledge of personal injury law is highly valued. Recently he has successfully defended trade unions against discrimination claims brought by their members including D’Silva v NATFHE [2008] IRLR 412 (EAT); and acted for a Sikh successfully suing his local authority employer for race and religious discrimination. He regularly advises on cases raising TUPE and restrictive covenant issues, where he has appeared in several High Court injunction cases including Kharegat v Deloitte & Touche [2004] EWHC 1767 (junior to James Goudie QC); and GHBC Ltd v Blakey (2007( (Walker J). Other areas where Bruce has substantial experience include employee and worker status; ill-health early retirement and pension issues; unfair prejudice petitions; and territorial jurisdiction, and cases concerning tribunal/EAT procedure (such as Barke v SEETEC [2005] IRLR 633 CA where he appeared for the successful respondent).

 

Bruce’s personal injury practice has a substantial emphasis on stress and harassment claims, where he regularly acts for both employees and employers, particularly since the leading Court of Appeal decision in Dickins v O2 [2009] IRLR 58 in which he appeared for the defendant. He is retained by Toyota to defend injury claims brought by their employees, such as RSI production line claims. Other areas where Bruce has significant experience include occupier’s liability, employer’s liability, Animals Act claims and claims brought under the Fatal Accidents Act.

 

In addition, he is regularly instructed in cases involving sporting injury cases, particularly motorsport. His experience spans motorcar and motorcycle racing, sidecar racing, karting, microlighting and snowmobiling. Recently he successfully defended a television production company sued by a motor racing driver for causing an accident in a three week long High Court trial (Green v Sunset & Vine [2009] EWHC 1610 (Ouseley J)). This case is now pending in the Court of Appeal.

 

Notable Cases

Employment/Commercial :

 

Murphy v Strata Security (18.6.09) EAT : ET’s power to review previous orders

CNM v Tune (June 2009) QBD : Liability of former employee for breach of implied term of fidelity and post termination restrictive covenants (settled)

Daynes v Disabilities Trust (2007) ET and EAT (settled) : Whether instigation of direct payments scheme amounts to a service provision change under TUPE

McLeain v Butler Service Group (2007) CA (settled) : Whether worker was employee of employment agency.

Scott-Davies v Redgate [2007] ICR 348 EAT : Whether free standing right to complain of non-compliance with statutory grievance and disciplinary procedures

Carlisle Facilities Group v Matrix Security (16.9.04) EAT : Whether termination of a security contract and engagement of new contractors amounts to a TUPE transfer.

Filobake v Rondo [2005] EWCA Civ 563 : breach of contract claim for mass production of samosa pastry

 

Personal Injury :

 

Crawford v Manor House Leisure (2007) QBD : Whether injunction should be granted to require a karting circuit to allow an abusive competitive to compete in a karting event.

Wortham v Phillips (2007) QBD (with Howard Palmer QC) whether employers liable for snowmobile accident during team building weekend away in Canada

Richardson v Watson & MIB [2007] PIQR P18 (CA) : Whether Claimant who fails to give proper notice under MIB agreement could discontinue and issue fresh proceedings.

Wattleworth v Goodwood [2005] PIQR P25 (QBD) : Whether motorsport governing body liable for a fatal accident on a licenced racing circuit.

Additional Information

Memberships :

 

Industrial Law Society

Employment Lawyers Association

ELBA

COMBAR

LCLCBA

PIBA