Kerry Gardiner

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Barrister

Kerry has a thriving practice dealing solely in all matters relating to employment including unfair dismissal, constructive dismissal, redundancy, TUPE, whistle-blowing, wrongful dismissal, breach of contract and all aspects of discrimination including disability discrimination, equal pay, sex discrimination, race discrimination and age discrimination. Kerry also frequently deals with jurisdictional matters and preliminary issues at Pre-hearing reviews.

Kerry’s practice is split equally between representing Claimants and Respondents.

As well as representing clients in employment tribunals, she also appears regularly in the Employment Appeal Tribunal, most recently on a point of jurisdiction.

Kerry is also regularly instructed to draft details of claims and responses to claims, to advise in writing and to advise in conference on prospects of success and likely awards.

Kerry is happy to take instructions on internal matters such as chairing or investigating disciplinary matters and grievances.

Kerry is pragmatic and down to earth, tailoring her approach to ensure that the service delivered to clients is bespoke, meeting individual requirements whilst offering practical solutions to cases that are often complex and sensitive.  Kerry also works to ensure that the transition from solicitor to counsel is as seamless as possible.

Kerry is also happy to take instructions direct from the public.

“She is very quick to respond.” “She’s very knowledgeable and is also good with clients.” – Chambers & Partners 2017

‘A pure employment specialist.’ – Legal 500 2016

‘She has sharp analytical skills.’ – Legal 500 2015

‘A dependable employment specialist’ – Legal 500 2014

“Kerry was fantastic, very organised and precise. She knew the case very well and had prepared for it thoroughly.”

Notable/Recent Cases

  • An appeal on the question of whether it was reasonably practicable to submit a claim within the relevant time period;
  • Acting for the Respondent in a claim against them for unfair dismissal where the Claimant had taken steps to set up in competition;
  • Acting for the Respondent, a care home, in a claim for whistle-blowing and constructive dismissal where the Claimant had raised concerns regarding the care homes practices to CQC;
  • A claim for sex discrimination where the Claimant was dismissed on grounds of performance after announcing she was pregnant;
  • Acting for a franchise of a multi-national fast food company, in a four day hearing in relation to claims brought by the claimant of constructive unfair dismissal and age discrimination;
  • Acting for the Claimant in a four day race discrimination claim in respect of disciplinary action taken against the Claimant;
  • UNISON v Staunton [2009] IRLR 418: acting for the Respondent to the appeal regarding the construction of the Union’s rules in relation to excluding a member from standing for candidacy in its NEC elections.
"Her advocacy is structured, sharp and effective." - Chambers & Partners 2018 Contact Us

Latest News

  • Employment - 2, November

    Kerry Gardiner – First Bristol Pound lawyer

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    Posted by Kerry Gardiner

    Bristol is by far one of the most vibrant, exciting and refreshing cities to live with its ever-present community spirit that embraces diversity. Home to an abundance of beautiful and historical landmarks, there is always something to see and do.  For me, however one of the most exciting elements of living in Bristol is the … Continue reading Kerry Gardiner – First Bristol Pound lawyer

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  • Employment - 31, October
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    Uber and the Future of the Gig Economy

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    Posted by Kerry Gardiner

    The rise of the “gig economy” has meant that many businesses have been waiting with bated breath for the judgment of the Employment Tribunal in the widely publicised Uber case (Aslam, Farrar and Others v Uber Case Nos 2202550/2015 & Others). At the heart of the case was whether Uber’s drivers are “workers” within the … Continue reading Uber and the Future of the Gig Economy

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  • Employment - 6, October

    Judicial Assessment in the Employment Tribunal

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    Posted by Kerry Gardiner

    On 3 October 2016, The President of the Employment Tribunals, Judge Brian Doyle, issued Presidential Guidance with an appended protocol on Judicial Assessments. Judicial assessment is an impartial and confidential assessment of the strengths, weaknesses and risks of the parties’ respective claims by an Employment Judge. At the heart of the protocol is the aim … Continue reading Judicial Assessment in the Employment Tribunal

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