Blair Toner Barrister
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Blair Toner Barrister My name is Blair Toner and I'm a specialist employment lawyer with a focus on employment tribunal advocacy, advice and litigation. I am regularly instructed in all types of hearings in the Tribunal including lengthy complex trials and group litigation. I have worked in-House at various law firms where I balanced my advocacy practice with a caseload.

This experience provided a clear understanding of costs / case management and the service solicitors and lay clients expect. I am based in London and my practice takes me nationwide. Blair Toner helps individuals and companies win & defend claims in the Employment Tribunal. Blair Toner is an outstanding employment law resource. I have instructed him in every type of employment tribunal hearing and am always impressed by his level of preparation and service offered.

I have instructed Blair Toner in a wide range of employment matters. Having witnessed Blair in action at the employment tribunal, I have first-hand experience of his abilities and skills.
Highlights

read more › I'm a specialist employment lawyer with a focus on employment tribunal advocacy, advice and litigation. I have worked in-House at various law firms giving me extensive litigation experience on behalf of both companies and individuals. This makes me an ideal choice for public access work where I can assist with any task or take over the litigation management if required / preferred. I also regularly work with employers giving non-contentious advice and assisting with documents such as contracts and policies.

read more › Blair Toner is an outstanding employment law resource. I have instructed him in every type of employment tribunal hearing and am always impressed by his level of preparation and service offered. I have instructed Blair Toner in a wide range of employment matters. Having witnessed Blair in action at the employment tribunal, I have first-hand experience of his abilities and skills. His attention to detail and knowledge of the minutest details of the legislation is most impressive, and is what makes him stand out as one of the best advocates I have instructed.

read more › The foundation of my practice is bringing and defending claims in the employment tribunal. I regularly take claims from inception to trial. I also collaborate with other employment lawyers, either acting as the case handler or the advocate. The experience of handling litigation day to day as well as representing parties at trial complement each other well and is often missing. Many lawyers prepare cases for trial yet they have attended trials on few (if any) occasions. There is therefore the risk of paying someone to assist you in preparing for a process they also do not fully understand.

read more › If you have been offered an employment settlement agreement and need expert advice then you have come to the right place. Please contact me asap to discuss what happens next. If you contact me to arrange next steps and put "settlement agreement" in the subject line, I will give you the key considerations when faced with an employment settlement agreement for free, even if you do not instruct me thereafter. I understand being offered a settlement agreement can often be a difficult and confusing time.

read more › Employees are eligible to bring a claim for unfair dismissal as long as they have two years continuous service with the Employer who dismissed them. The burden to show that the dismissal was fair rests on the Employer. There are some exceptions to the above, such as if the Employee argues that the principal reason for dismissal was discriminatory or because the Employee made a protected disclosure (whistleblowing). Such claims do not require two years continuous service. In either case, you must act quickly as the time limit for bringing such a claim is most often 3 months less one day from the effective date of termination - when the employment ends.

read more › If your employer fails to pay a guaranteed bonus then you may have a claim for a debt in the County or High Court. More often than not the real battleground is when there is a contractual entitlement to a discretionary bonus. In such cases there is an implied duty on employers not to exercise that discretion irrationally or perversely. Here lies a common dispute. There is also an overlap with discrimination claims as an employer must not award bonuses in a discriminatory matter. Blair Toner is an outstanding employment law resource.

read more › Below I have set out the key steps in employment tribunal claims. The list is not exhaustive and may vary, but the steps below are usually found in each claim. Subject to a few unique exceptions, it is compulsory to go through EAC before you are eligible to bring a claim in the employment tribunal. During EAC the parties are designated with a conciliator from ACAS and attempts are made to settle the dispute before a claim is made. 1. EAC usually lasts for 4 weeks, but can be extended by a further 2 weeks if the parties agree.

read more › It can be completed and submitted online (what I suggest) - you can start that process here. Not all the Tribunal centres can accept ET1s so check in advance, a list of the venues can be found here. The ET1 will still need to be accompanied by the relevant fee or remission application. You will need a cheque because at the time of writing the Tribunal venues do not accept cash or card payments. This remains the quickest and easiest way to submit the ET1 and how I am going to show you how to do it.

read more › When you bring a claim on the ET1 you will need to set out the basis of your claim. You can either do this on the specific section of the ET1 or in a separate document commonly known as the particulars of claim ("POC"). I always submit claims online and attach a separate POC setting out the case. Please note if you attach a separate document online, it needs to be saved in Rich Text Format. When you attend a Tribunal the first thing (usually) the Judge / Panel will read is the ET1 and therefore your grounds of complaint.

read more › If a claim has been made against you / your client, you will be required to complete the ET3, often referred to as the response. It is common for a "grounds of response" to be attached to the ET3, which is a document setting out on what basis you defend the claims. This is an important document. I know this does not relate to the drafting, but it should be done first. The first task is to collate all the relevant documents and place them in date order. You then need to read them. This can form the draft bundle later.

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