Employment Law

Employment Law – Experience and Selected Cases

Giles's contentious employment experience is extensive. It includes:

Discrimination, victimisation and harassment
Age, disability, race, religion and belief, sex, sexual orientation, part-time and agency workers

Whistleblowing
Public interest disclosure claims and detriment

Dismissal and redundancy
Unfair and wrongful dismissal, redundancy, contractual terms, disciplinary and grievance proceedings

Pay and benefits
Equal pay, unlawful deductions, holiday and sick pay, working time, pensions, discretionary bonus and carried interest

Status and jurisdiction
Worker status, the gig economy, agency workers, international and offshore employment, jurisdiction

Financial services
Senior Managers and Certification Regime, regulatory references, senior executive and trader disputes

Injunctions
Restraining dismissals and disciplinary proceedings, restraint of trade and covenant injunctions, confidentiality and trade secrets, freezing injunctions, industrial action

Competition and confidentiality
Restrictive covenants, team moves, fiduciary duties and the duty of fidelity, directors' duties, database rights

Industrial relations
Trade union recognition and rights, collective consultation, industrial action

Public law
Judicial review of employment-related decisions, human rights arguments in employment claims

Information
Data protection, subject access and data protection tribunal appeals, freedom of information, monitoring of communications

Investigations and internal discipline
Regulated and internal disciplinary processes, workplace investigations

Experience

Giles drafts and advises on employment contracts and service agreements, settlement agreements, investigation reports, inquiries and organisational reviews, and the full range of workplace policies and procedures, including disciplinary, grievance, equal opportunities and harassment, flexible working, family leave, sickness and health and safety, monitoring, data protection, recruitment, redundancy, and pay and bonus schemes.

Giles has acted for senior executives, investment bankers and traders in disputes with employers including Bank of America, Equiti Capital, Goldman Sachs, HSBC, JP Morgan, Macquarie, Morgan Stanley, Santander, SMBC Nikko, Société Générale, Standard Life and UBS.

Beyond financial services, Giles has acted for directors and senior executives across construction, luxury goods, technology, software and sales in disputes with their employers, including Sir Robert McAlpine, Burberry, Microsoft, Workday, Cisco International Limited, Okta, C3 AI, Spectro Cloud, Shibumi and Trilitech. The work has ranged from whistleblowing and discrimination claims by directors and senior sales executives, through disputes over commission, equity and share-based compensation, to restrictive covenant and confidentiality issues arising on departure. His whistleblowing and discretionary bonus work includes acting for the chief executive of a healthcare diagnostics company in a protected disclosure claim and prospective High Court proceedings against the company and its board.

He has substantial experience of High Court injunctions, including restraining dismissals and disciplinary proceedings; restraint of trade and restrictive covenant injunctions; injunctions for the maintenance of confidentiality and trade secrets; freezing injunctions; and industrial action.

Giles also acts for senior executives, bankers and traders on the non-contentious side of their careers: negotiating and advising on service agreements, bonus and deferred compensation terms, carried interest and long-term incentive arrangements, restrictive covenants and garden leave, and the terms on which they join or leave an employer. He advises on exit negotiations and settlement agreements, regulatory references and SMCR considerations, and on the practical steps that protect a client's position before any dispute arises. Much of this work is done discreetly and at short notice. He has lectured widely on the SMCR.

Giles has particular expertise in doctors' and dentists' speciality training: ARCP outcomes and appeals, challenges to training programme decisions, CCT and CESR applications, and university fitness-to-practise proceedings.

Highlights

Agarwal v Cardiff University and another [2018] EWCA Civ 2084. Court of Appeal. Whether an employment tribunal has jurisdiction to construe the contract of employment in an unauthorised deductions claim; the Court resolved conflicting EAT authority and held that it does. Claim by a consultant urological surgeon on a clinical academic contract. Acting for the Health Board.
Small v Shrewsbury and Telford Hospitals NHS Trust [2017] EWCA Civ 882; UKEAT/0077/19. Court of Appeal and EAT. Whether a tribunal must consider "stigma" future loss (Chagger) of its own motion where the evidence supports it in a whistleblowing detriment claim; and the scope of the remitted hearing. Acting for the Trust.
Dr N and Mr S v XiO UK LLP, XiO Cayman Ltd and others, 2021–2024. High Court (Commercial Court). Claim by two senior executives for discretionary bonuses (c. £2m) and carried interest (c. $39m), with allied proceedings in the Cayman Islands and St Kitts and Nevis, arising from a PRC investor's offshore investments returning c. $1.4bn. Acting for the executives with a chancery KC and junior.
Nirmal v Birmingham Women's and Children's Hospital NHS Foundation Trust [2026] EWHC 723 (KB), ongoing. Injunction to restrain a gross misconduct hearing under MHPS against a trainee doctor. Led by Martin Forde KC. Acting for the doctor.
Smo v Hywel Dda University Health Board [2020] EWHC 727 (QB), [2021] IRLR 273. Injunction claim by a consultant surgeon to restrain a working-relationships investigation and disciplinary dismissal. Acting for the Health Board.
Thom v Hobart Real Estate Limited [2023] EAT 37. Claim for c. £380,000 in wages and discretionary bonus dismissed for lack of jurisdiction; appeal (and claim) dismissed. Acting for the employer.
Multiple claimants v Manx Care, Isle of Man Employment and Equality Tribunal, 2026. Successful defence of extensive, high-value claims for alleged underpaid wages over periods of up to 19 years. Acting for the employer.

Selected cases

Senior executives and financial services

Dr N and Mr S v XiO UK LLP, XiO Cayman Ltd and others, 2021–2024 (above).
X v crypto software company, 2026, ongoing. Acting for a senior employee in whistleblowing, automatic unfair dismissal and wages claims.
X v FTSE-listed financial services group, 2026, ongoing. Acting for a senior employee in complex disability and sex discrimination and unfair dismissal claims.
X v US investment bank, 2025–2026, ongoing. Acting for a senior employee in disability discrimination and unfair dismissal claims.
X v global software company, 2025–2026, ongoing. Acting for a senior employee in complex race discrimination and stress at work claims.
X v global fintech company, 2024–2026, settled. High Court claim by the Global Head of Operations for negligent misrepresentation and breach of contract.
X v large investment firm, 2025. Discrimination claims seeking lifelong loss of earnings and carried interest (leading Jack Castle).
T v Smith & Williamson, High Court, 2022–2025, settled. Claim for damages and dependency (c. £2m) by the widow of a partner and director, arising from his suicide, against the partnership and former employer. Acting for the widow with a junior.
X v major construction company, 2024, settled. Acting for a board-level director in age discrimination and unfair dismissal claims; enhanced settlement negotiated.
X v global fintech company, 2024–2025, settled. Acting for the UK chief executive in settlement negotiations on the termination of his employment and directorships.
X v healthcare diagnostics company, 2021–2022, settled. High Court and Employment Tribunal. Claims by the chief executive for breach of contract, whistleblowing detriment, victimisation, automatic unfair dismissal and wages, with a potential value in the millions. Acting for the chief executive.
B v I plc, 2021, settled. Employment Tribunal and High Court. Claims by a chief executive resident abroad against an English plc; major issue whether the ET had jurisdiction. Acting for the chief executive.
Non-contentious: advising a senior investment banker on a move to an international bank (2023) and the CFO of a major UK bank on terms for a move to a US alternative asset manager (2021–2022).
Numerous further discrimination, whistleblowing, unfair dismissal and wages claims for senior employees and executives of global technology, software, construction and financial services companies, 2022–2026, most resolved by negotiated settlement. A full list is available on request.

Doctors, the NHS and MHPS

Agarwal v Cardiff University and another [2018] EWCA Civ 2084 (above). Court of Appeal, EAT and ET. Acting for Cardiff and Vale University Health Board.
Small v Shrewsbury and Telford Hospitals NHS Trust [2017] EWCA Civ 882; UKEAT/0077/19, 2017–2019 (above). Court of Appeal and EAT. Acting for the Trust.
Nirmal v Birmingham Women's and Children's Hospital NHS Foundation Trust [2026] EWHC 723 (KB), ongoing (above). Led by Martin Forde KC. Acting for the doctor.
Smo v Hywel Dda University Health Board [2020] EWHC 727 (QB), [2021] IRLR 273, 2019–2022. Claim by a consultant surgeon for an injunction to restrain the Health Board from pursuing a working-relationships investigation and dismissal in disciplinary proceedings; and the internal proceedings themselves. Acting for the Health Board.
S v NHS Trust, 2025–2026, ongoing. Acting for a consultant in obstetrics and gynaecology in a potential High Court injunction in respect of internal disciplinary proceedings under MHPS, and in whistleblowing claims.
S v Liverpool University Hospitals NHS Foundation Trust, High Court, 2022–2026, ongoing. Claim by a consultant surgeon for personal injury, loss and damage arising from disciplinary proceedings; earlier advice (2021–2022) on a High Court injunction against the same proceedings. Acting for the consultant.
X v NHS Trust, High Court, 2022–2024, settled. Injunction claim by a consultant urologist in respect of internal disciplinary proceedings under MHPS. Acting for the consultant.
M v United Lincolnshire Hospitals NHS Trust, High Court, 2022–2024, settled. Claim for an injunction and for underpaid sessions by an associate specialist urologist subject to MHPS proceedings. Acting for the urologist.
Pitman v Hampshire Hospitals NHS Foundation Trust, Employment Tribunal, 2022–2023. Whistleblowing compensation claims by a consultant obstetrician. Acting for the Trust.
Dr L v private hospital and NHS Trust, 2022–2023, resolved. Threatened High Court injunction and internal hearing at a private hospital. Acting for a consultant upper GI surgeon.
Dr MH v Northern Ireland Medical and Dental Training Agency, Industrial Tribunal (Belfast), 2022–2023, settled. Disability and race discrimination claims by a trainee radiologist. Acting for the trainee.

Employers, public bodies and the Isle of Man

Thom v Hobart Real Estate Limited [2023] EAT 37, 2021–2023. Employment Tribunal and EAT. Claim by a surveyor for wages and discretionary bonus of c. £380,000, dismissed for lack of jurisdiction; appeal dismissed. Acting for the employer.
Multiple claimants v Manx Care, Isle of Man Employment and Equality Tribunal, 2026. Successful defence of extensive, high-value claims for alleged underpaid wages over periods of up to 19 years. Acting for the employer.
Karim v Commissioner of Police of the Metropolis, Employment Tribunal, 2022–2026, ongoing, liability determined. Disability discrimination claims by a former probationary police constable. Acting for the Commissioner.
C v Manx Care, Isle of Man Employment and Equality Tribunal, 2024–2025, part ongoing. Successful defence of complex constructive unfair dismissal and discrimination claims and employee grievances. Acting for the employer.
R v Manx Care, Isle of Man Employment and Equality Tribunal, 2023–2024. Successful defence of extensive whistleblowing claims brought by a doctor. Acting for the employer.
M v police force, Employment Tribunal, 2023–2024. Successful defence of harassment and victimisation claims by a former police officer. Led by Angus Moon KC. Acting for the force.

Reported cases

Court of Appeal

Agarwal v Cardiff University and Cardiff and Vale University Health Board [2018] EWCA Civ 2084, [2019] ICR 433, [2019] IRLR 657; and [2018] EWCA Civ 1434. Tribunal jurisdiction to construe the employment contract in an unauthorised deductions claim. Acting for the Health Board.
Small v Shrewsbury and Telford Hospitals NHS Trust [2017] EWCA Civ 882, [2017] IRLR 889. Whistleblowing; stigma loss to be considered by the tribunal of its own motion. Acting for the Trust.
Mattu v University Hospitals of Coventry and Warwickshire NHS Trust [2012] EWCA Civ 641, [2013] ICR 270, [2012] IRLR 661. Article 6 ECHR not engaged by an NHS disciplinary dismissal. Acting for Dr Mattu.
Salford Royal NHS Foundation Trust v Roldan [2010] EWCA Civ 522, [2010] ICR 1457, [2010] IRLR 721. Fairness of investigation; section 98A(2). Acting for the Trust.
R (London Fire and Emergency Planning Authority) v Board of Medical Referees [2008] EWCA Civ 1515, [2009] ICR 697. Causation under the firefighters' pension scheme. Acting for the Authority.
Promar International Ltd v Clarke [2006] EWCA Civ 332. Restrictive covenants; costs after settlement. Acting for Promar.
Sarkis v Mirza [2005] EWCA Civ 937, [2006] BPIR 146. Worldwide freezing injunction, disclosure and committal.
Kelly v Chief Constable of South Yorkshire [2001] EWCA Civ 1632. Amendment of pleadings; assault and false imprisonment.
Abraham v Commissioner of Police of the Metropolis [2001] 1 WLR 1257. Acceptance of a caution no bar to a false imprisonment claim.

High Court: NHS disciplinary proceedings and MHPS

Nirmal v Birmingham Women's and Children's Hospital NHS Foundation Trust [2026] EWHC 723 (KB). Without-notice injunction restraining a misconduct hearing against a trainee doctor discharged; claim ongoing. Led by Martin Forde KC. Acting for the doctor.
Smo v Hywel Dda University Health Board [2020] EWHC 727 (QB), [2021] IRLR 273; and [2019] EWHC 1973 (QB). Injunction restraining a working-relationships investigation conducted alongside MHPS proceedings. Acting for the Health Board.
Chakrabarty v Ipswich Hospital NHS Trust [2014] EWHC 2735 (QB), [2014] Med LR 379. Capability hearing without NCAS assessment; departing from Lim. Acting for the Trust.
Dunn v Basildon and Thurrock University Hospitals NHS Foundation Trust [2013] EWHC 3636 (QB). Injunction; delay and fairness in disciplinary proceedings.
Lloyd-Owen v Spire Healthcare Ltd [2013] EWHC 3542 (QB), [2014] Med LR 268. No contractual right to legal representation at a nurse's disciplinary hearing.
Makhdum v Norfolk and Suffolk NHS Foundation Trust [2012] EWHC 4015 (QB). Injunction refused. Acting for the consultant.
A v HTX [2012] EWHC 857 (QB). Ill-health panel referral; breaches of policy not linked to relief sought. Acting for the Trust.
Lim v Royal Wolverhampton Hospitals NHS Trust [2011] EWHC 2178 (QB), [2012] Med LR 146. Capability hearing requires NCAS assessment. Acting for the Trust.
Hussain v Surrey and Sussex Healthcare NHS Trust [2011] EWHC 1670 (QB), [2012] Med LR 163. Contractual status of MHPS; exclusion from work. Acting for the consultant.
R (Puri) v Bradford Teaching Hospitals NHS Foundation Trust [2011] EWHC 970 (Admin), [2011] IRLR 582. Article 6 and internal panels.
R (Loizou) v Mid-Yorkshire Hospitals NHS Trust [2010] EWHC 2523 (Admin). Composition of MHPS panels; extension of time for judicial review.
Lakshmi v Mid Cheshire Hospitals NHS Trust [2008] EWHC 878 (QB), [2008] IRLR 956. Breach of contract in refusing to adjourn a disciplinary hearing.

High Court: professional discipline and regulatory

Moodliar v General Medical Council [2025] EWHC 913 (Admin). Appeal against findings of dishonesty in medicolegal work and erasure dismissed. Acting for the doctor.
Demanya v General Medical Council [2025] EWHC 247 (Admin). Appeal against erasure for dishonesty dismissed. Acting for the doctor.
Solicitors Regulation Authority v Adeyemo [2013] EWHC 3346 (Admin). Costs of a withdrawn appeal in disciplinary proceedings; direct-access barrister's hourly rate.
R (West Midlands Fire and Rescue Authority) v First Secretary of State [2008] EWHC 1458 (Admin). Reasons on a firefighter's disciplinary appeal.

Employment Appeal Tribunal

Thom v Hobart Real Estate Partners Ltd [2023] EAT 37. Jurisdiction; c. £380,000 bonus claim dismissed. Acting for the employer.
Dodd v UK Direct Solutions Business Ltd [2022] EAT 44, [2022] ICR D5. Whistleblowing detriment; furlough; disclosure. Acting for the barrister.
Tijani v House of Commons Commission [2022] EAT 104. Case management and disclosure.
Edey v Lambeth LBC [2022] EAT 94. Abuse of process and issue estoppel following earlier civil proceedings; strike-out.
Small v Shrewsbury and Telford Hospitals NHS Trust (EAT 2015 and 2019). Stigma loss; scope of remission; third-party disclosure. Acting for the Trust.
Agarwal v Cardiff University [2017] ICR 967, [2017] IRLR 600 (EAT). Acting for the Health Board.
Islam v Abertawe Bro Morgannwg Local Health Board (EAT 2014). Consultant; disability discrimination, justification and reasonable adjustments. Acting for the Health Board.
Chancerygate (Business Centre) Ltd v Jenkins (EAT 2010). Refusal of an agreed adjournment.
Shrewsbury and Telford Hospital NHS Trust v Lairikyengbam [2010] ICR 66. Locum consultant employed beyond twelve months: contract void but employee status preserved. Acting for the Trust.
Salford Royal NHS Foundation Trust v Roldan (EAT 2009). Section 98A(2) and contributory conduct. Acting for the Trust.
Chief Constable of Cumbria v McGlennon [2002] ICR 1156. Chief officer's liability for subordinates' discrimination. Acting for the Chief Constable.

Other High Court

Harding v British Medical Association [2017] EWHC 5 (QB). Limitation and summary judgment in a negligence claim. Acting for the consultant.
Thames Cleaning and Support Services Ltd v United Voices of the World [2016] EWHC 1310 (QB), [2016] IRLR 695. Picketing injunction refused; exclusion zone. Acting for the union.
East Lancashire Primary Care Trust v Leach [2012] EWHC 3136 (Ch). Partially successful appeal by the Trust against a decision of the Pensions Ombudsman. Acting for the Trust.
Chief Constable of Hampshire v Bullale [2012] EWHC 1549 (QB), [2012] Eq LR 875. Less favourable treatment before reason; summary judgment. Acting for the Chief Constable.
Scotcher v Kirklees MBC (Mercantile Court, 2008). No duty of care to care-home employees in sharing safeguarding concerns.
Sarkis v Watfa [2006] EWHC 374 (QB). Unjust enrichment. Acting for the Claimant

Some older reported cases have been omitted