Fergus McCombie

Sullivan v. Isle of Wight Council [2025] EWCA Civ 379; [2025] IRLR 520 – Successfully represented the Respondent at all levels up to the Court of Appeal (Protect and the Department for Business and Trade intervening) against the extension of whistleblower protection to applicants for employment.  The appeals raised issues of statutory construction, and ECJ and ECHR jurisprudence under Articles 10 and 14 of the Convention, particularly in relation to comparator groups of claimants and justification for differential treatment under statute.

Chandrashekarappa v. Wipro Ltd [2026] EAT 73 –  Acted for the Claimant in a high value dispute (almost £400,000) concerning an unpaid discretionary sales bonus as an unauthorised deduction from wages.  On appeal, the EAT reversed the ET’s decision, finding in favour of Fergus’ argument that the employer had wrongfully exercised its discretion by “moving the goalposts”.

QRS v. London Borough of Tower Hamlets & others [2026] EAT 60 –  As part of a series of linked appeals in long-running litigation, Fergus successfully resisted the Claimant’s attempt to bring an out of time appeal against various preliminary ET decisions.  Despite accepting ill-health reasons as causing her delay, the EAT found that time should not be extended and that in any event the application was academic given that her case had earlier been dismissed at trial (at which Fergus acted).  [This matter is currently under appeal to the CA].

Sullivan v. Isle of Wight Council (22.5.2025 EAT, Andrew Burns KC) – Secured dismissal of appeal against the result of the trial of sexual harassment and victimisation claims – the whistleblowing issues went to the Court of Appeal as detailed above.

Daramy v. London Borough of Tower Hamlets & others (EAT 23.1.2025 HHJ Susan Walker KC) –  Appeal dismissed against the EAT Registrar’s refusal to extend time for appeals against preliminary tribunal decisions.  Fergus subsequently prepared the Respondent’s case for the Court of Appeal – his skeleton was ultimately successfully argued by a colleague in chambers at [2025] EWCA Civ 1789.

HSBC European Works Council v. HSBC Continental Europe [2024] IRLR 916, EAT – Acted for the European Works Council with able and concise submissions” and “powerful submissions” (per Choudhury J) in relation to the continuance of an EWC agreement in the light of Brexit and the move of HSBC‘s central management to Ireland.

EasyJet PLC v. easyJet European Works Council & SoS for BEIS [2023] ICR 1394, [2023] IRLR 782, CA – Acted for the EWC in the EAT and Court of Appeal in successfully resisting the appeal of easyJet in relation to Brexit-related amendments to the UK regulations providing for the establishment of European Works Councils.

Blackbay Ventures Ltd (t/a Chemistree) v. Gahir [2014] ICR 747; [2014] IRLR 416, EAT – Significant whistleblowing case where the EAT gave guidance on identifying a qualifying disclosure under the legislation.

Lloyd v BCQ Ltd [2013] 1 CMLR 41 – Significant case on whether a Permanent Health Insurance benefit had the effect of impliedly restricting the contractual power to dismiss – successfully resisted former director’s claim.

Nabbumba v Merton Priory Homes (UKEAT/0112/13) – On appeal only for claimant, correcting error in ET’s approach to causation of dismissal under TUPE.

Butt v Children & Family Court Advisory & Support Service (UKEAT/0362/07 30 Nov 2007) – Appeal for claimant on test for disability discrimination and automatic unfair dismissal (for claimant).

Sanderson v Exel Management Services Ltd [2006] ICR 1337 – Acted for the respondent in a pay dispute brought by multiple claimants in relation to the meaning of “normal working hours” under the ERA 1996.