Tim Dracass

Contact

0207 3530711 or 01962 868161

Expertise

Employment and Discrimination

Tim is an employment law specialist with 16 years of experience at the Bar.  He is recommended for his work in the employment field in the latest editions of 'Chambers and Partners' and ‘The Legal 500’.

He is frequently instructed to represent claimants and respondents in the Employment Tribunal and the Employment Appeal Tribunal in a wide range of cases. Tim has acted for some notable business clients, including blue-chip companies such as B&Q and Sainsbury’s.  He has considerable experience of all types of employment litigation including complex and multi-day hearings and cases involving sizable compensation claims.

Tim regularly advises on and appears in cases involving:

  • Unfair dismissal/ constructive dismissal
  • Redundancy
  • Discrimination (including harassment and victimisation)
  • TUPE
  • Grievance and disciplinary procedures
  • 'Whistle-blowing'/ health and safety
  • Equal pay
  • Breach of contract
  • Unlawful deduction from wages
  • Holiday pay
     

Tim also regularly appears in County Court and High Court proceedings, particularly in employment-related matters such as protection from harassment claims, restraint of trade and negligent reference cases. Drawing on his past experience of criminal advocacy, he has an interest in professional disciplinary and regulatory proceedings and has previously acted in directors’ disqualification proceedings. Tim is licensed to accept instructions under the direct public access scheme in appropriate cases.

 

Testimonials

 

‘Chambers and Partners’ (2015) describes Tim as a “Respondent-focused barrister with considerable experience of representing major corporate clients in complex tribunal and appellate cases. He is renowned for his excellent client manner and strong advocacy skills.”

‘The Legal 500’ (2014) states: “He has comprehensive knowledge of employment law and is experienced in multi-day hearings”.

Clients have described Tim as “approachable and personable” whilst appreciating his “excellent preparation” and “very thorough knowledge of each case”.  Solicitors have commented that “he's very straightforward, which makes him popular with clients”.

 

Notable cases

 

  • Lewis v London Borough of Newham (East London ET, December 2014) – Instructed to represent the Respondent at a 6 day hearing involving multiple and historical allegations of discrimination. Claims for disability discrimination and unfair dismissal were successfully resisted.
  • C v CCC Ltd (Southampton ET, July 2014) – Advised and represented the Respondent facing a raft of different claims from a former employee including equal pay, sex discrimination and constructive dismissal.  Dealt with a 4 day hearing to consider the issue of ‘like work’ on the equal pay claim.  Judgment on this issue was successfully obtained in favour of the Respondent. 
  • M v A Ltd (Birmingham ET, June 2014) – Acted for the Respondent company facing claims for unfair dismissal, wrongful dismissal and unlawful deduction from wages.  The hearing involved complex issues of fact and law and lasted 5 days.
  • Feng v British American Tobacco (Southampton ET, April 2014). Acted for the Respondent company who faced claims brought by a former employee for unfair dismissal, race discrimination/ victimisation and disability discrimination. Successfully defended all claims after a contested 5 day hearing.
  • Flooks v Sussex Police (London South ET, January 2014) – Appeared on behalf of the Respondent in a complex 3 day unfair dismissal claim following a reorganisation/ restructuring exercise.  Judgment pending.
  • Hunt v Southern Health NHS Foundation Trust (Havant ET, January 2014) – Acted for the Claimant in a whistle-blowing constructive dismissal claim against the NHSAfter a four day liability hearing the Claimant succeeded in her constructive unfair dismissal claim and was awarded substantial compensation at a subsequent remedies hearing.
  • S v M Ltd (Southampton ET, December 2013) - Advised and represented a senior health and safety manager in a high value unfair dismissal and whistle-blowing claim. The case was listed for a 5 day ET hearing and was settled on the second day.
  • R v S Ltd (East London ET, August 2013) - Acted for the Claimant in a serious and complex whistle-blowing and constructive dismissal case.  The hearing lasted 3 days in London East ET.  The Tribunal upheld all of the Claimant’s complaints leading the quantum claim being settled on confidential terms.
  • Boeree v Spine Clinic Ltd (in liquidation) & others (Southampton ET,  July 2013) Instructed on behalf of the administrator in a complex a multi-party TUPE case, which resulted in a further contested costs hearing before Southampton ET. Successfully resisted the application for costs and managed to win a ‘cross-costs application’.
  • Kostova v Smithie UK Ltd and another (Southampton ET, April 2013) Successfully represented the Respondent company (and the named individual Respondent) facing sex discrimination claims brought by a former employee.  The case involved serious allegations of a sexual nature.  After a hearing at Southampton ET, the Tribunal found in favour of the Respondents on every point and all claims against them were dismissed
  • Phillips v B&Q plc, May 2012, Birmingham ET – Acted for the Respondent in successfully resisting a claim for unfair dismissal which had raised some difficult issues.
  • H v WCS Ltd, February 2012, London South ET – Instructed to represent the Respondent on a 4 day unfair dismissal claim brought against it by a high-level employee. The case was complicated by the claimant’s application for disclosure of certain commercially sensitive documents, which was successfully resisted.  The claim settled on favourable terms, mid-hearing.
  • M v The Governing Body of Stratford School, December 2011/ April 2012, London East ET – Represented the Respondent on a 7-day unfair dismissal/ race discrimination claim.  The case, which related to allegations going back some years, involved a considerable amount of witness and documentary evidence.
  • Maris Interiors LLP v Pleckinger, Gregory, Heptullah, Marshall, Judge & Area Squared Ltd, August 2011 [2011] EWHC 2260 (QB)– Instructed on behalf of one of several Defendants to a significant High Court injunction matter involving alleged breaches of a restrictive covenant, confidentiality clauses and ‘team move’ issues.  The claim against my client was settled at court on the morning of the hearing.
  • Coombs & others v A1 Bathrooms Ltd & others, July 2011 and January 2012, Southampton ET – Appeared on behalf of the Respondent in a complex multi-party TUPE matter which required a 4 day PHR and a 3 day final hearing.
  • A v BB Plc, June 2011, Southampton ET – Instructed on behalf the Claimant (a high level account manager) who had been dismissed for alleged misconduct involving the use of class A drugs away from work.  The case, which had the potential to be a high profile one, also raised issues of disability discrimination.
  • Williamson v Greater Manchester Police, November 2010, Manchester ET – Represented GMP on a high profile 5 day disability discrimination claim by a probationary police officer.
  • Ververt v B&Q Plc, UKEAT/0109/09, November 2009 – Instructed by B&Q to resist an appeal from the Tribunal’s decision on an unfair dismissal and race discrimination claim.
  • Thomas v Toshiba Carrier UK Ltd, May 2009, London South ET – Represented the Claimant on 8 day race discrimination claim.
  • Mannan v European Minerals Corporation, September 2008, Southampton ET – Acted for Respondent on 5 day unfair dismissal/ race discrimination claim.
  • Ferrao v Exxonmobil Ltd, June 2007, Southampton ET – Acted for the Claimant on a 5 day race victimisation claim.
  • Cohen v IPG Group, UKEAT/0776/03, December 2003 – Responded to an appeal in relation to unlawful deduction from wages.
  • South West Train v Miles, EAT/0039/03, April 2003 –Responded to an appeal against a finding of unfair dismissal following a misconduct dismissal.
  • Attrill (deceased) v Wightlink Ltd, EAT/1003/01, July 2002 – Appealed an order for a deposit on a Pre-Hearing Review. Case involved issues of perception of bias.

Criminal

Tim has many years experience of criminal advocacy having appeared in numerous Crown Court jury trials and Court of Appeal hearings.  

His cases have covered the full range of criminal allegations in nature, complexity and severity including violence, drugs, dishonesty and fraud, sexual offences and road traffic offences.   A number of his cases have attracted considerable media attention (examples include a case involving a well-known musician and a high profile bomb hoax case). 

 

Notable cases

  • R v Cross, May 2009, Court of Appeal Criminal Division – Represented Crown on an appeal against conviction following what appeared to be inconsistent verdicts by the jury at trial.
  • R v F, November 2007, Court of Appeal Criminal Division – Successfully appealed against a sentence imposed for robbery.
  • R v Freeman [2007] EWCA Crim 407, [2007] All ER (D) 246 (Feb) – Successfully resisted an appeal against conviction involving the law relating to inferences from silence.
  • R v Lewendon [2006] 1 WLR 1278 – Successfully resisted an appeal against conviction involving the law in relation to proof of previous convictions for bad character applications.
  • R (on application of W) v Southampton Youth Court [2003] 1 Cr App R (S) 87) – Appeared for the Crown on a judicial review case relating to ‘grave crime’ arguments.

Business and Commercial

Tim also regularly appears in County Court and High Court proceedings, particularly in employment-related matters such as protection from harassment claims, restraint of trade and negligent reference cases. 

Regulatory and Disciplinary

Drawing on his experience of criminal advocacy, he has an interest in professional disciplinary and regulatory proceedings and has previously acted in directors’ disqualification proceedings. 

Overview

Year of call: 1998
Areas of specialism:
  • Business and Commercial
  • Criminal
  • Employment and Discrimination
  • Public Access and Direct Access
  • Regulatory and Disciplinary
Qualifications:
  • LLB (Hons) 1997 Cardiff University
Professional associations:
  • Employment Law Bar Association
  • Western Circuit
Outside Interests:
  • Away from work, Tim enjoys music, eating out, adventurous travel and sports, including snowboarding, football and tennis.