Giles’s contentious employment experience and expertise is extensive and comprehensive. It includes:-
Written and advisory experience also includes drafting and advising on:--
Giles has been instructed in a number of cases by senior executives, investment bankers and traders against their various employers, including Bank of America, Goldman Sachs, HSBC, JP Morgan, Macquarie, Morgan Stanley, SMBC Nikko, Société Générale and UBS.
He has significant experience of High Court injunctions, including: restraining dismissals and disciplinary proceedings; restraint of trade and restrictive covenant injunctions; injunctions to maintain and restrain breaches of confidentiality and trade secrets; mareva injunctions; and industrial action.
Giles has singular, if not unique, expertise and experience of doctors' and dentists' speciality training, appearing at or advising on ARCP outcomes and ARCP Appeals; advising on challenges to training decisions and CCT and CESR decisions; and advising in respect of University FtP proceedings.
Current and Recent Significant Employment Law Cases
Commercial Employment
Dr N and Mr S v XiO UK LLP, XiO Cayman Ltd and otrs, 2021 – 2023 ongoing. High Court Commercial Court – Complex claim by 2 senior executives in the AIM market for discretionary bonuses (circa £2M) and carried interest entitlements (circa $39M). With allied cases in Cayman and St Kitts and Nevis. Arising out of offshore investment by PRC investor in companies in Europe and USA, with a return on investment of circa $1.4B. Includes issues of jurisdiction. Ongoing. Acting (with chancery KC and junior) for executives.
X v Investment Bank 2022 - 2023, - Advising CFO / senior executive on claims and settlement with major international investment bank.
X v Adobe, 2022 - 2023 – ET claims of whistleblowing and health and safety detriments; automatic unfair dismissal and wages. Advising senior employee on claims and settlement with employer.
X v Workday, 2022 - 2023 - Advising senior employee on claims and settlement with employer.
X and Santander, 2023 - Advising senior executive / employee / investment banker on proposed move and employment contract.
X (CFO of Major UK Bank) and Y (Major US Alternative Assessment Management Firm) 2021 - 2022. Advising on employment contracts and proposed bonus sign on etc. Acting for CFO.
High Value, Complex Employment and Employment related Claims
T v Smith and Williamson (Accountants) High Court QBD Bristol, 2022 – 2023 ongoing, trial 2024. Claim for damages and dependency against the partnership and former employer by the widow arising out of suicide of the husband, who was a partner and a director. Value circa £2m. Ongoing. Acting (with junior) for Widow.
S v Liverpool University Hospitals NHS Foundation Trust, High Court QBD Liverpool, 2022 – 2023 ongoing. Claim by consultant surgeon against NHS employer for personal injury and loss and damage arising out of disciplinary proceedings etc. Also, in 2021-2022 advice on claim for High Court injunction against the NHS employer in respect of disciplinary proceedings. Acting for the consultant.
X v NHS Trust, High Court QBD, 2022 - 2023 ongoing. Claim for injunction by consultant urologist in respect of internal disciplinary claim under MHPS. Acting for the consultant.
M v United Lincolnshire NHS Trust, High Court QBD, 2022 - 2023 ongoing. Claim for injunction and for underpaid sessions / PAs by Associate Specialist urologist, who is the subject of internal disciplinary proceedings under MHPS. Acting for the urologist.
Pitman v Hampshire Hospitals NHS Foundation Trust, 2022 - 2023. Employment Tribunal. Acted for Trust resisting ET claims by consultant obstetrician for compensation for whistle blowing.
Karim v Commissioner of Metropolitan Police. 2022 -2023, ongoing. Employment Tribunal. Claims by former probationary police constable for disability discrimination. Acting for the Commissioner.
Thom v Hobart Real Estate Limited, 2021-2023. Reported 2023 EAT 37. ET and EAT. Claim by a surveyor / employee for wages / discretionary bonus of circa £380,000 in Employment Tribunal. Defended and dismissed for lack of jurisdiction. Acted for Hobart, the employer, successfully resisting the claim and the appeal in the EAT.
Dr MH v NIMTDA, 2022 -2023. IT (ET) claim by trainee radiologist in Belfast for disability and race discrimination. Settled. Acted for the trainee radiologist.
Dr L v Private Hospital and NHS Trust, 2022 -2023. Threatened High Court QBD injunction and internal hearing at private hospital. Acting for the consultant Upper GI Surgeon. Successfully resolved.
Dodd v UK Direct Solutions [2022] EAT 44. 2021 - 2023. High Court QBD, ET and EAT. Claims by in house barrister and employee for whistleblowing detriment. Acting for barrister. Settled.
X v Y Ltd, High Court, QBD and ET, 2021 - 2022, settled. Claims by CEO of pandemic Covid testing start-up. Claims for breach of contract, whistle blowing detriment, victimisation, automatic unlawful dismissal and wages with a very significant potential total value (£Ms). Acted for the CEO.
B v I Plc ET 2021, Employment Tribunal and High Court. Settled. Claim by CEO (resident abroad) against English employer / Plc for wages and race discrimination. Major issue of whether UK employee and whether ET had jurisdiction, Acted for the CEO.
Smo v Hywel Dda UHB [2021] I.R.L.R. 273. High Court, QBD. 2019 – 2022. Claim by consultant surgeon for injunction to restrain UHB from pursuing separate working relationships investigation and dismissal from disciplinary proceedings. And internal disciplinary proceedings. Acted for the UHB.
X v Major European Insurer, threatened High Court QBD and ET 2019, settled. Claims by deputy CEO of start-up subsidiary (horizontal diversification) of major European insurance company, for breach of contract, age discrimination, victimisation, whistleblowing and automatic unfair dismissal with a high potential value (£Ms). Acted for the deputy CEO.
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