Jenny Thorp
Jenny Thorp
01293 605061

Public Sector

Our dedicated Public Sector Employment Team acts for a large number of statutory bodies, local authorities, NHS Trusts, educational organisations, charities and housing associations operating within London and the South East. The team is led by Jenny Thorp, and contains five lawyers. Members of the team work with other members of the DMH Stallard multi-disciplinary Public Sector Group on major projects.

We appreciate that the issues facing Public Sector employers differ from those faced by private and public companies. Our specialist team understands those differences and provides support to our public sector clients to ensure that they are meeting their legal obligations and are applying good practice in a transparent and efficient manner.

Our work covers the full spectrum of employment law, including advisory work, drafting and review of policies and procedures, negotiations, due diligence, and Tribunal and Court litigation. We can also provide training for managers on the full range of employment law issues, which are bespoke to the client’s organisation.

Where litigation ensues, we have experience in creating and providing for Public Authority clients detailed case plans, in which we advise as to the background to the case, the legal issues, merits, quantum (including advice as to settlement) and the work required to be undertaken. We also give due regard to the sensitivity of a particular case and take into account any political issues, union involvement, the responsibility to act in the best interests of the Authority and its stakeholders, and the potential press interest.

The Team handles, normally without Counsel, a high volume of Employment Tribunal cases on behalf of Public Sector clients each year and represents the clients in multi-day and multi-Respondent claims including those of discrimination, equal pay, victimisation and harassment on the various unlawful grounds, unfair dismissal and breach of contract claims, claims arising under TUPE and claims under the WTR and PIDA.

Our experience of working with Public Sector clients is that there are certain requirements which are essential in order to ensure that the relationship with their external providers of legal services works well. Our key standards are to:

  • Be readily available and responsive
  • Provide value for money
  • Keep the client informed of progress
  • Encourage good relations through professionalism, pragmatism and partnership

The three main sectors we have experience of advising within are:

  • Local Authorities
  • Health
  • Education
The Team has acted for NHS clients for a number of years and has considerable experience and knowledge of the regulatory framework within which they operate. The Team has worked and continues to work with Trusts, Ambulance Trusts, PCT’s and GP’s...
The Team has considerable experience of working with Schools, Colleges and Universities and has developed a good understanding of the environment and structure within which they operate. With Schools, we understand the importance of identifying their status...
We are used to working with and supporting in-house legal teams. We draw upon the DMH Stallard core values of team-working and respect to work in partnership with our clients, in the most efficient and cost-effective manner for the Authority. Examples of...

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Latest Issues

Negligence: LEA who failed to protect a Head Teacher from bullying and harassment by two School governors found liable for her psychiatric injury. Negligence: LEA who failed to protect a Head Teacher from bullying and harassment by two School governors found liable for her psychiatric injury.
Compromise Agreements: the High Court has held that a compromise agreement was unenforceable as the NHS Trust employer had acted outside its powers by agreeing an "irrationally generous" compensation package. Compromise Agreements: the High Court has held that a compromise agreement was unenforceable as the NHS Trust employer had acted outside its powers by agreeing an "irrationally generous" compensation package.
Race Discrimination: the EAT has held that Leeds City Council is potentially liable for the act of one of its employees who discriminated against an employee of one of its service providers. Race Discrimination: the EAT has held that Leeds City Council is potentially liable for the act of one of its employees who discriminated against an employee of one of its service providers.
Disability discrimination: the EAT has held that an employer's failure to make reasonable adjustments to avoid dismissing a disabled employee was sufficient to render the dismissal itself an act of discrimination. Disability discrimination: the EAT has held that an employer's failure to make reasonable adjustments to avoid dismissing a disabled employee was sufficient to render the dismissal itself an act of discrimination.
TUPE: The EAT has given guidance on the question of whether there has been a service provision change under new TUPE TUPE: The EAT has given guidance on the question of whether there has been a service provision change under new TUPE
The Working Time Directive: 48 Hour Opt-Out to remain The Working Time Directive: 48 Hour Opt-Out to remain
Religion and Belief Regulations:  An ET Judge rules that a belief in climate change could amount to a philosophical belief Religion and Belief Regulations: An ET Judge rules that a belief in climate change could amount to a philosophical belief
Disability Discrimination: the High Court rejects an employer's claim for damages for fraudulent or negligent misrepresentation against a Managing Director who failed to disclose a history of depression in her pre-employment medical questionnaire Disability Discrimination: the High Court rejects an employer's claim for damages for fraudulent or negligent misrepresentation against a Managing Director who failed to disclose a history of depression in her pre-employment medical questionnaire
Age Discrimination Regulations: Government to review default retirement age in 2010 Age Discrimination Regulations: Government to review default retirement age in 2010
Working Time Regulations: the House of Lords has held that workers are entitled to paid statutory sick leave even if they are on long-term sickness absence, and they can potentially claim for unpaid holiday pay for previous years Working Time Regulations: the House of Lords has held that workers are entitled to paid statutory sick leave even if they are on long-term sickness absence, and they can potentially claim for unpaid holiday pay for previous years