[photo] Paras Gorasia (2005)Paras Gorasia (2005)

Team

Employment & Discrimination

e-mail: paras.gorasia@1mcb.com

Education

  • Bachelor of Laws (LLB) (First Class Honours) at University of Kent
  • Bachelor of Civil Law (BCL) at Exeter College, Oxford
  • Master of Philosophy (MPhil) in Law at Exeter College, Oxford
  • Master of Laws (LLM) at King’s College London
  • Bar Vocational Course (BVC) at ICSL

Scholarships

  • Pegasus Scholarship to Hong Kong (Pegasus Scholarship Trust)
  • Major Scholarship (Inner Temple)
  • Leonard Woodley Scholarship (Inner Temple)
  • Bar European Group Phoenicia Scholarship
  • Faculty of Law Graduate Scholarship for MPhil (Oxford University)
  • Kent Law School Prize for Academic Performance
  • Kent Law School Mooting Prize

Profile

“Has a broad employment practice which covers a wide range of issues, including restrictive covenants, unfair dismissal, and commercial work with an employment flavour..."He is always willing to go the extra mile and, although still relatively junior, his discrimination knowledge is far beyond his years. Clients have been delighted with his detailed approach, thorough preparation and style of cross-examination.""

Chambers UK 2014

“Paras Gorasia is a rising star and "excellent all-rounder"…, and is "very personable with clients" yet still "exudes authority." Sources are quick to praise his "fantastic cross-examination skills." In addition to employment law, he also undertakes employment-related commercial work."

Chambers UK 2013

Paras is a leading junior practitioner specialising in Employment Law and is recognised as such by both Chambers and Partners UK 2014 and the Legal 500 UK 2013. He has been appointed to the Attorney General’s Regional Panel of Junior Counsel to the Crown as of 1st November 2012. He has also been appointed to the Welsh Assembly Government's Panel of Junior Counsel in Employment Law as of 1st October 2012. These appointments compliment Paras’ existing membership of the Equality and Human Rights Commission (EHRC) panel of Counsel of which he has been a member since February 2011. He spent three months from January 2007 as a Judicial Assistant at the Court of Appeal to the then Master of the Rolls, Sir Anthony Clarke (now Lord Clarke).

Paras specialises in Employment disputes and has extensive experience of advising and representing both Claimants and Respondents in the Employment Tribunal and Employment Appeal Tribunal. He regularly represents parties in both interim and final hearings and has particular experience in discrimination and whistleblowing claims. He is instructed by a wide variety of individuals and organisations nationally, including banks and financial institutions, central government departments, insurance companies, transport companies, FTSE 100 companies, local authorities, NHS trusts, trade unions, chief executives, charities, NGO’s and an extensive range of other public and private sector clients. His clients have included: Virgin Active, LA Fitness, AstraZenica, Reckitt Benckiser, Unilever, British Airways, Balfour Beatty, Saint Gobain Building Distribution, Air Products, TalkTalk, BSkyB, KCOM Group, National Express, McDonalds, Tesco, Co-operative Group, Topman/Topshop, Matalan, Primark, Santander, Royal Bank of Scotland, ActionAid, Amnesty International, Molsen Coors, Punch Pub Company, JD Wetherspoon, DHL, NHS Direct, London Underground and Transport for London.

Practice

 

RESTRICTIVE COVENANTS AND CONFIDENTIAL INFORMATION

Paras is regularly instructed to advise upon the enforceability of restrictive covenants and disputes concerning the use of confidential information by ex-employees. He represents both Claimants and Defendants in the County and High Courts and has particular experience in respect of applications for and against injunctive relief. His work in this area ties in with his experience of dealing with disputes concerning the fiduciary duties of directors and senior employees. A selection of his recent work in this area includes being:

  • (2013) Instructed on behalf of an Insurance Broker for proceedings against an ex-employee for breach of non-solicitation and non-competition covenants (County Court)
  • (2013) Instructed on behalf of a European Chemical Distributor to advise upon proposed injunctive relief proceedings against senior ex-employees for breach of fiduciary duties and misuse of confidential information
  • (2012) Instructed on behalf of a former CEO and Director of a professional accountancy body to advise upon proposed injunctive relief proceedings against his former legal advisers for misuse/breach of confidential information
  • (2011) Instructed on behalf of a senior employee to advise on the effect and reasonableness of restrictive covenants within his contract of employment with a prominent energy company
  • (2011) Instructed on behalf of a Defendant to defend injunctive proceedings for an alleged breach of restrictive covenants and implied duty of fidelity (Chancery Division)
  • (2011) Instructed on behalf of a senior employee to advise upon the enforceability of restrictive covenants contained within his contract of employment and proposed proceedings for declaratory relief
  • (2010) Instructed on behalf of a senior financial analyst to advise upon the enforceability of restrictive covenants, non-payment of bonuses and potential repudiation of his contract of employment
  • (2010) Instructed on behalf of a Defendant to defend injunctive proceedings for an alleged breach of fiduciary duties and diversion of maturing business opportunities (Chancery Division)

 

EMPLOYMENT RELATED LITIGATION

He is frequently instructed in litigation which is related to his extensive employment practice in areas as diverse as bonus claims, breach of fiduciary duties, pensions related disputes, professional regulatory hearings (including GMC hearings), advisory matters arising out of the construction and application of incentives schemes (including employee share schemes), professional sport related disputes and general contractual litigation before County and High Courts across the country.  A selection of his recent work in this area includes being:

  • (2013) Instructed on behalf of a Senior Sales Director to pursue a claim for unpaid bonuses with the pleaded value in excess of £50,000
  • (2013) Instructed on behalf of a Claimant to plead claims of specific performance (in respect of a tax indemnity) arising out of a breach of a compromise agreement in respect of Tribunal proceedings (County Court)
  • (2013) Instructed on behalf of a doctor in proceedings before the GMC to resist suspension/conditions placed on his licence (Medical Practitioners Tribunal Service)
  • (2012) Instructed on behalf of a Defendant to advise upon proposed claims brought by a former employee for alleged negligent misstatements in the provision of a reference (Queen’s Bench Division)
  • (2012) Instructed on behalf of a Claimant to advise upon a proposed claim for losses arising out of alleged negligent misstatements in a reference provided by ex-employer
  • (2012) Instructed on behalf of a Defendant to defend a claim brought by a self-employed associate dentist for breach of contract on the basis of “set-off” (County Court)
  • (2011/12) Instructed on behalf of a Defendant to defend claims of alleged misuse of confidential information, breach of restrictive covenants, breach of contract and breach of fiduciary duties including the diversion of corporate opportunities with a pleaded value of £1.65 million (Chancery Division)
  • (2011) Instructed on behalf of a Defendant to defend a claim for unpaid bonuses worth in excess of £280,000 (Mercantile Court)
  • (2011) Instructed on behalf of a Defendant in a case listed for 3 days involving claims of misuse of confidential information and alleged breaches of contract including the implied term of trust and fidelity (County Court)
  • (2011) Instructed on behalf of a Claimant for proceedings against 3 ex-employees of a financial advisory firm for breach of contract, breach of fiduciary duties and diversion of corporate opportunities
  • (2010) Instructed on behalf of a Defendant to advise on upon claims involving breach of fiduciary duties and diversion of maturing business opportunities (Chancery Division)
  • (2010) Instructed on behalf of a Claimant to advise on a complex claim under the Protection from Harassment Act 1997 involving consideration of the application of res judicata

 

PUBLIC INTEREST DISCLOSURE ACT CLAIMS

Paras retains a specialist interest in public interest disclosure claims and has in recent years been instructed with increasing regularity to bring and defend claims involving detriments/dismissal due to protected disclosures. His case load regularly involves high value/sensitive claims and he acts and advises both Claimants and Respondents in this complex area of employment litigation. A selection of his recent work in this area includes being:

  • (2013) Instructed on behalf of a former Managing Director of a prominent transport company for claims of detriments and dismissal due to protected disclosures involving health and safety issues, the claim is potentially worth in excess of £250,000
  • (2013) Instructed on behalf of a former Finance Director of an LLP against his former employers for claims of whistleblowing (involving disclosures pertaining to financial impropriety) and automatic unfair dismissal with a pleaded value in excess of £200,000
  • (2012) Instructed on behalf of a former Director and CEO of a professional accountancy body against his former employers for claims of whistleblowing and constructive dismissal with a pleaded value in excess of £450,000
  • (2012) Instructed on behalf of a Respondent in a 4 day case involving a claim from an ex manager for unfair dismissal and whistleblowing
  • (2012) Instructed on behalf of a Claimant to advise upon claims for whistleblowing and constructive unfair dismissal, the case involved disclosures showing financial impropriety and misuse of funds by a public body to a prominent Member of Parliament
  • (2011) Instructed on behalf of multiple Claimants in a 25 day case involving claims of whistleblowing and multiple allegations of serious financial impropriety against a prominent public body with the pleaded quantum of the claims exceeding £200,000
  • (2011) Instructed on behalf of a Respondent in a 4 day case involving claims of whistleblowing and breach of contract with the pleaded quantum of the claim exceeding £200,000
  • (2010) Instructed on behalf of a Claimant in a 15 day case involving allegations of sex discrimination, whistleblowing, equal pay, victimisation and constructive unfair dismissal with pleaded value in excess of £100,000

 

DISCRIMINATION AND EQUAL OPPORTUNITIES LITIGATION

Over the past few years Paras has been involved in a multitude of lengthy and complex whistleblowing/discrimination cases acting and advising both Claimants and Respondents. He has built up particular expertise in high value/sensitive disputes and often appears as sole counsel against opponents who are significantly more experienced in terms of seniority. He has been instructed and/or advised upon the various protected characteristics contained within the Equality Act 2010 and has extensive experience of advising upon and conducting discrimination claims for someone of his level of call. A selection of his recent work in this area includes being:

  • (2013) Instructed on behalf of a senior commercial manager to pursue claims of disability discrimination and unfair dismissal against a large global bank
  • (2013) Instructed on behalf of a government department to defend claims of sex discrimination with the Claimant asserting the pleaded value of his claim at £1.2 million
  • (2013) Instructed on behalf of a high street bank to defend an equal pay claim listed for 4 days
  • (2012/13) Instructed on behalf of a top 35 law firm in a case listed for 9 days to defend multiple allegations of direct disability discrimination, indirect disability discrimination, discrimination arising out of a disability and failures to make reasonable adjustments
  • (2012/13) Instructed on behalf of a senior ex-employee of a prominent London based hedge fund to advise upon claims of disability discrimination and unfair dismissal with a potential value in excess of £900,000
  • (2012) Instructed on behalf of a senior male employee to pursue a claim of “reverse discrimination” involving alleged disproportionate preferential treatment afforded to a pregnant female co-worker in a redundancy exercise, the pleaded value of the case is in excess of £215,000
  • (2012) Instructed on behalf of a Respondent to defend claims of pregnancy discrimination, the case involved a consideration of when the protected period under s18 of the Equality Act 2010 is engaged in cases involving IVF treatment
  • (2012) Instructed on behalf of a potential Respondent to advise upon the restriction of maternity benefits afforded to fixed term workers compared to permanent employees on the basis of objective justification
  • (2011/12) Instructed on behalf of multiple Respondents in a 5 day case involving highly sensitive allegations of sex and race discrimination, including an allegation of racially aggravated assault. The Tribunal agreed with Paras’ submissions that the Claimant’s claims were “baseless, misconceived, vexatious and unreasonable” and that the Claimant was “illegitimately attempting to use this tribunal to achieve a pay off and that her claim was an abuse of process”. The Tribunal made two adverse costs Orders against the Claimant totalling £18,100
  • (2011) Instructed on behalf of a Respondent in a 4 day case to defend claims of age discrimination and unfair dismissal with a pleaded value in excess of £350,000
  • (2011) Instructed on behalf of a Respondent to defend claims of age and race discrimination. The claim was dismissed after a two day hearing with an adverse costs Order being made against the Claimant of £10,000
  • (2010) Instructed on behalf of a Claimant as junior counsel to advise on claims for race and sex discrimination with the pleaded value of claim in excess of £1,000,000
  • (2009) Instructed on behalf of a Claimant in a 10 day case involving racial/ethnic origin discrimination, constructive unfair dismissal, victimisation and harassment
  • (2009) Instructed on behalf of a Claimant in 14 day case involving allegations of race discrimination and unfair dismissal


UNFAIR AND WRONGFUL DISMISSAL

Paras enjoys an expansive practice in relation to unfair and wrongful dismissal claims and has particular experience in high value concurrent Tribunal/Civil claims. His practice is balanced in respect of Claimant and Respondent work and he is regularly instructed on advisory matters pertaining to liability and quantum in the more complicated claims. Paras has substantial experience dealing with unfair/wrongful dismissal claims involving senior executives/employees and has advised and represented a number of directors and high net worth individuals in their employment disputes over the last year. Paras is instructed to appear in Tribunals and Courts across England and Wales and appears occasionally in Scotland. A selection of his recent work in this area includes being:

  • (2012) Instructed on behalf of a Respondent in a claim listed for 5 days involving a claim of unfair dismissal brought by an ex Director and shareholder
  • (2012) Instructed on behalf of a top 35 law firm to defend claims for unfair dismissal and race discrimination
  • (2012) Instructed on behalf of a top 30 law firm to defend claims involving unfair dismissal and disability discrimination
  • (2012) Instructed on behalf of a multinational Respondent to defend a claim brought by a senior ex-employee for unfair dismissal, the case involves allegations of theft and fraudulent accountancy practices
  • (2012) Instructed on behalf of a Respondent in a 4 day case involving a claim of unfair dismissal in the higher education sector
  • (2011) Instructed on behalf of a senior solicitor in a claim for unfair/wrongful dismissal against a prominent law firm based in the North West
  • (2011) Instructed on behalf of an investment banker in one of the pre-eminent global financial services firms in the country to advise on issues arising out of the termination of his employment
  • (2011) Instructed to advise and represent Respondent in a highly sensitive claim for unfair dismissal for SOSR involving criminal conduct by the Claimant and associated breakdown of trust and confidence
  • (2011) Advising a senior employee in a high value claim for wrongful dismissal in the civil courts whilst concurrent tribunal proceedings are on-going
  • (2010) Instructed on behalf of a finance director to advise on a complex high value claim of unfair/wrongful dismissal arising out of a shareholder dispute
  • (2010) Instructed on behalf of a Respondent in a 3 day case involving a claim for unfair dismissal from a member of academic staff selected for redundancy


TUPE

Over the last year Paras has dealt with a substantial volume of advisory work involving the application and interpretation of the TUPE regulations. He has particular experience in advising upon the extraterritorial application of the TUPE regulations and is often instructed to deal with the crossover issues which can arise in respect of unfair dismissal claims and TUPE transfers. A selection of his recent work in this area includes being:

  • (2013) Instructed by a prominent North West public body to advise upon a sensitive TUPE matter and potential liabilities accruing
  • (2012/13) Instructed by a Respondent in a 5 day case to defend claims brought by a Claimant alleging, inter alia, automatic unfair dismissal by virtue of the TUPE regulations, involves a novel point on what impact a non-effective TUPE transfer has on a contract of employment with a transferee
  • (2012) Instructed by a Respondent to defend claims brought by a Claimant for failure to consult under regulation 13 TUPE and constructive unfair dismissal, the case involves consideration of what impact an objection prior to transfer has on the liability of a transferee
  • (2012) Instructed by a Local Authority to advise them upon the applicability of the TUPE regulations in relation to a proposed change of contractor involving a potential liability of circa £100,000
  • (2011) Instructed on behalf of a Claimant in a 4 day case involving a consideration of whether a TUPE transfer could be effected in circumstances where the closure of a business occurred by way of forfeiture
  • (2011) Instructed on behalf of a Claimant to advise upon whether his dismissal was related to a TUPE transfer
  • (2010) Instructed on behalf of multiple Claimants in a claim for automatic unfair dismissal pursuant to regulation 7(1) of TUPE 2006
  • (2008) Instructed on behalf of the successful Claimant at first instance in the case of Jones and Ors v OCS Group [2009] All ER (D) 138, which concerned the application of a service provision change as defined within regulation 3(1)(b) of TUPE 2006.

 

COLLECTIVE LABOUR DISPUTES AND TRADE UNION LITIGATION

Paras has particular experience in collective labour disputes and trade union litigation. A significant proportion of his practice involves representing union backed members in respect of their claims against Respondents of all sizes and in all sectors and has particular experience in matters relating to the application of TUPE. Paras has extensive experience in collective labour disputes such as protective award claims, collective contractual claims, collective bargaining disputes and union recognition claims. He maintains an advisory practice advising trade unions and their members in relation to the complete spectrum of employment disputes.

COSTS IN THE EMPLOYMENT TRIBUNAL

Paras is increasingly instructed by both Claimants and Respondents to pursue and defend applications for costs in both interim and final hearings. He is often asked for his input by those instructing him in drafting costs warnings and also by those on the receiving end of such warnings, to assist in taking steps to defend against the risk of an adverse costs award being made. He is well aware of the tight financial constraints affecting the conduct of employment litigation before the Tribunals and has built up a wealth of experience in both maximising the prospects of obtaining costs awards against unsuccessful parties and in assisting parties to minimise their exposure to an award of costs. A selection of his recent work in this area includes:

  • Instructed on behalf of a Claimant to defend a costs application against her for £350,000
  • Obtaining costs totalling £18,100 on behalf of a Respondent in a Race Discrimination claim
  • Obtaining an award of £10,000 on behalf of a Respondent in respect of costs against a litigant bringing misconceived claims
  • Obtaining a costs Order on behalf of a Respondent against a 2nd Respondent on the basis that the 2nd Respondent had acted unreasonably in proceedings
  • Obtaining a deposit order against a Claimant on the grounds that his claim for unfair dismissal had little prospect of success, the Claimant discontinued his unfair dismissal claim
  • Successfully resisting a costs application by a Claimant for aborting a PHR

 

MEDIATION AND ADR

Paras is increasingly involved in mediations on behalf of both Claimants and Respondents in respect of the full spectrum of employment disputes. He is a member of the Chartered Institute of Arbitrators (MCIArb) and retains a keen interest in alternative dispute resolution. Recent work in this sphere has included successfully representing a large well known transport company in a mediation against a Claimant alleging various acts of race discrimination, victimisation and unfair dismissal and has recently represented a Respondent in a mediation where the pleaded value of the claim brought against them was in the region of £375,000. Paras also has experience of proceedings under The Local Authorities (Standing Orders) England Regulations 2001 and has been instructed to advise a Chief Executive of a local authority against over 50 allegations of misconduct before a designated independent person.

Notable Cases

  • (2013) Baskaran v IMTECH Traffic & Infra UK Ltd UKEAT/0018/13/GE, Instructed to resist appeal against successful order for costs of £10,000 made by ET at first instance (against Paul Epstein QC)
  • (2012) Mental Health UK Ltd v Biluan & Ors [2013] All ER (D) 265, instructed by the Respondents to resist an appeal on the grounds that the tribunal substituted their view of reasonableness in a redundancy exercise and/or reached perverse outcomes
  • (2012) Local Government Yorkshire and Humber v Shah [2012] All ER(D) 20 (Nov), instructed by the Appellant and successfully argued before the EAT that any uplift for failing to comply with the ACAS code under s207A TURL(C)A 1992 only applied to employees and not workers
  • (2012) Argyll Coastal Services v Stirling & Ors [2012] IDS Brief 949, Instructed on behalf of the Respondent (led by Nicholas Siddall) in the Scottish EAT to consider, inter alia, the correct interpretation of regulation 3(4)(c) of TUPE 2006 (against Brian Napier QC)
  • (2011) Dixon v Croglin Estate Co Ltd & Ors [2012] EqLR 187, instructed on behalf of multiple Respondents to defend a high value claim for unfair dismissal and age discrimination
  • (2010) Pybus v Geoquip Limited [2011] All ER (D) 244, Instructed on behalf of the Appellant (led by Nicholas Siddall) before the EAT in an appeal involving a consideration of the correct approach to calculating Polkey deductions in applicable cases

 

Appointments

  • Appointed by the Bar Standards Board as an External Examiner for Employment Law (2013)
  • Attorney General’s Regional Panel of Junior Counsel to the Crown (2012)
  • Welsh Assembly Government's Panel of Junior Counsel in Employment Law (2012)
  • Approved Counsel for the Equality and Human Rights Commission (2011)
  • Judicial Assistant to the Master of the Rolls at the Court of Appeal (Civil Division) (2007)


Memberships

  • Honourable Society of the Inner Temple
  • Employment Law Bar Association
  • Employment Lawyers Association
  • Industrial Law Society
  • Member of the Chartered Institute of Arbitrators (MCIArb)
  • Mentor for the Social Mobility Foundation
  • Barrister Member of the Bar Pro Bono Unit
  • Employment Lawyers Appeal Advice Scheme (ELAAS)