Raoul Downey

He is a specialist in both employment and chancery work, and has substantial experience in: Employment Law and Discrimination, Commercial and Business Law Chancery and Trusts, Customs Duties, Costs, Professional Negligence and Regulatory matters

Raoul is able to combine the substantial experience gained from a broad chancery, commercial and employment practice at the Bar with the practical business experience gained from working in an in-house role.

He is a specialist in both employment and chancery work, and has substantial experience in:

•  Employment Law and Discrimination
•  Commercial and Business Law
•  Chancery and Trusts
•  Customs Duties
•  Costs
•  Professional Negligence and Regulatory matters

As an advocate Raoul has extensive experience in a wide variety of civil Courts, Tribunals, and other settings, He has delivered lectures and seminars on employment, pension, company and costs issues and has acted as an Adjudicator for a Financial Services Compensation scheme. He was a regular participant under the ELAAS scheme in the Employment Appeal Tribunal and for the Bar Pro Bono Unit in the Court of Appeal.

Whilst working with his partner, Raoul undertook most of the internal legal work for the business including reviewing and amending terms and conditions of business, contracts and other documentation drafting and reviewing policies and procedures to ensure compliance with relevant legislation and guidelines and liaising with the business’ external advisers.

He managed an appeal to the business rating valuation of the new premises and generally performed the HR function for the business. This included ensuring TUPE compliance on the transfer of the business to a limited company and successfully handling and representing the company in an Employment Tribunal claim brought by a former employee.

Outside of practice at the Bar, Raoul is currently the Vice-Chairman of the Murrisk Development Association in Ireland and takes an active part in local campaigns and projects. He is also a former international swimmer having represented Hong Kong at both Age Group and National levels. He still swims and competes as a Master at county, regional and national levels.

Employment Law

Raoul has extensive experience in all forms of employment law, including contractual issues, unfair and wrongful dismissal claims, whistleblowing, redundancy, restrictive covenants and confidential information, discrimination, TUPE, trade unions and pensions. Reported cases include:

•  Sud v London Borough of Ealing [2013] EWCA Civ 949 [2013] ICR D39 – Employment Appeal Tribunal Procedure – Whether decision not to remit appeal back to Employment Tribunal was correct – Tribunal Costs
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•  Jurkowska v HLMAD Ltd [2008] EWCA Civ 231 [2008] ICR 841 – Appeal Time Limits – Extension of time
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•  Anglian Windows v The GMB [2007] EWHC 917 (QB) – Interlocutory Injunction, Strike Action, Ballots and workplaces.
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•  Fraser v HLMAD Ltd [2007] 1 All ER 383, [2006] ICR 1395 – Res Judicata and Employment Tribunals. Whether a decision of tribunal on a breach of contract claim precludes a further action for the excess over the tribunal’s jurisdiction.
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•  Smith v Kent County Council [2004] EWHC 412 (QB) – Deduction from Wages – School Teacher – Strike Action – Burgundy Book conditions
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•  Green v Governing Body of Victoria Road Primary School [2004] 2 All ER 763, [2004] ICR 684 – Education, Proper respondent to a claim for unfair dismissal
  
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•  Celtec Ltd v Astley HL (10 November 2003) – Reference to ECJ – Civil Service Continuity of Employment – Secondment to TECs – Transfer of Undertakings
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•  Doshoki v Draeger Ltd [2002] IRLR 340 – Race Discrimination – Compensation for injury to feelings
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•  Kent & Medway Towns Fire Authority v Pensions Ombudsman [2001] OPLR 357 – Firefighters’ Pension Scheme – whether a payment in lieu of annual leave is included as “pensionable pay”
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•  Interlink Express Parcels Ltd v Night Trunkers Ltd [2001] RTR 23 - Road Haulage, whether drivers supplied by third party were temporary employees. Contract, Road Haulage, Use of goods vehicles by drivers employed by defendant on claimant's business, S.2 Goods Vehicles (Licensing of Operators) Act 1995 - Whether drivers "temporary employees" of claimant - whether use illegal - whether contract for supply of drivers void for illegality.
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•  Van Erp v Adax (Europe) Ltd [1998] EWCA Civ 93 – Employment Contract, Entitlement to commission
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•  Wood v Coverage Care Ltd [1996] IRLR 264 – Unfair Dismissal, Spent Convictions Rehabilitation of Offenders Act 1974.

• Called to the Bar in 1988