Practice
Employment and discrimination
Regular representation of employees and trade unions before Employment Tribunals, the Employment Appeal Tribunal and County Court in relation to claims of unfair dismissal, unlawful detriment, Wages Act, breach of contract, breach of collective consultation rights, trade union rights, equal pay and discrimination. Advisory work with trade unions and members.
Welfare Benefits
Representation of claimants before disability, social security and medical appeals tribunals in relation to claims for a wide range of benefits, as well as representation before the Social Security Commissioners.
Immigration and nationality Experienced asylum and immigration practitioner with a particular interest in claims involving principles of EU immigration law.
Human Rights
Experience of litigation before the European Court of Human Rights - see Tsfayo v UK
Notable Cases: - R (on the application of G) v Governors of X School [2009] All ER (D) 181 (Mar); [2009] EWHC 504 (Admin); The Times April 24, 2009 (JR challenge to right to representation in employment disciplinary proceedings; Article 6.1; section 142 direction)
- IH (Section 72; 'particularly serious crime') Eritrea [2009] IJRL 308 AIT; [2009] UKAIT 00012 judgment
- Kola & Mirzajani -v- Secretary of State for Work & Pensions [2007] All ER (D) 425 (Nov); [2007] UKHL 54; R(IS) 1/08 (income support appeal allowed; claiming asylum "on arrival") judgment
- Hospice of St Mary of Furness v Howard [2007] EOR 170 - November 25; [2007] IRLR 944 (practice and procedure, case management) > judgment
Wilmot and others v Selvarajan [2007] All ER (D) 163 (Oct) (unfair dismissal; statutory procedure; delay between lodging and hearing of employees' appeals) - Jackson v Wigan MBC [2007] All ER (D) 328 (May) (unfair dismissal; Education Act 2002 statutory guidance)
- Forest Mere Lodges v (1) Watt and (2) Cameron [2007] All ER (D) 61 (Feb); [2007] UKEAT 0426_06_0602 (whether claimants were employees - claim for unfair dismissal - respondent appeal dismissed) judgment
- Tsfayo -v- UK [2006] All ER (D) 177 (Nov); [2009] 48 EHRR 18 (Housing Benefit Review Board; important guidance for claimants bringing Article 6 ECHR challenges against decisions made by similar judicial bodies)
- Knapton and ors v ECC Card Clothing Limited [2006] ICR 1084; [2006] IRLR 756 EAT;[2006] IDS Brief 806/2006;9, UKEAT/0664/05/MAA (unfair dismissal - early pension payments - compensatory awards)
- Mendes Machado v. Secretary of State for the Home Department [2005] 2 CMLR 43, CA (Removal order issued to illegal immigrant who had then married EU national - Denial of residence rights on grounds of public policy).
- ECC Card Clothing Limited v (1) Mr M Knapton, (2) Mr Van Bellen, (3) Mr A Daniel [2005] UKEAT/0361/05/DA
- Gina Goldwater v (1) Miaguard National Security Ltd (2) Elite Security (UK) Ltd (3) Dean Hudson [2005] EOR No. 144 - August (pregnancy dismissal/sex discrimination case - injury to feelings award £12,000, aggravated damages £8,000 (2004's highest award in a SD claim), costs order against the Respondents £10,000).
- Roberts -v- Fisher Gauge Ltd [2004] EOR No.132 (disability discrimination case - non-pecuniary loss of £21,000.00 was awarded) August
- Khalid Akram v (1) Chorley & South Ribble NHS Primary Care Trust 2) Denise Frisby CASE No: 2405311/2003 (long running race discrimination case)
- Spence -v- Manchester United Plc [2004] UKEAT/0285/04/TM
- UNIFI -v- Stella Massey [2004] UKEAT/0223/04 judgment
- Groves -v- AstraZeneca UK Ltd [2004] UKEAT/0232/04/MH
- Royal Mail Group Plc -v-Spence [2004] UKEAT/0992/03/RN
- Harries & Simpson -v- (1) Alan Paine Knitwear (2) J. Carty (3) Islecroft Ltd [2004] UKEAT/0012/04/SM
- Lewis -v- Corus Group Ltd [2003] EAT/0026/03/MAA
Recommendations
Leading junior in Employment : Northern (2010) "continues to win praise for "thinking outside the box and creatively applying the law." Extensive experience in equal pay and discrimination cases has rendered him a trusted adviser." (Chambers & Partners 2010) Leading junior in Employment : Northern (2009) "Client backing also came in for the "keen intellect and great motivation" of Paul Draycott at Garden Court North, who impresses through his "creative thinking about the law" and wide experience of employment discrimination and human rights. He has been involved in key equal pay and discrimination cases for claimants in Abbott v Littlewoods and Forbister v Littlewoods Home Shopping." (Chambers & Partners 2009)
Leading junior in Employment : Northern (2008) "Local law firms admire the 'incredible knowledge, experience and willingness to put in the hours' displayed by Garden Court North's Paul Draycott . He has a mixed employment tribunals and human rights practice." (Chambers & Partners 2008)
Publications
"Extending legal aid to tribunals" by Paul Draycott (GCN) and Steve Hynes (Director of LAG) - first published in Legal Action June 2007 and reproduced in Adjust Newsletter December 2007
Other Activities - Member of UNHCR panel of pro-bono Counsel
- Provides seminars on employment law and immigration law.
- Delivered comprehensive training to EHRC (Equalities and Human Rights Commission) on conducting Judicial Review proceedings (2008)
- Pro bono work on behalf of Fulham Legal Advice Centre.
Professional Associations - Amnesty International
- CPAG (Child Poverty Action Group)
- Industrial Law Society
- Legal Action Group
- Liberty
- LSE Alumni
Background and Personal profile
Previously practiced employment law as an in-house advocate with a Trade Union firm of solicitors.
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Year of Call
1994
Education
LL.B (Hons) LLM (Human rights)
Email Address
p.draycott@doughtystreet.co.uk
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Specialist Teams
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