Amanda Hart

a.hart@doughtystreet.co.uk

Year of Call

2001
Amanda Hart
Profile

Amanda is a highly experienced lawyer in the practice areas of employment, equality and discrimination, and regulation and professional discipline.  She is ranked as 3rd tier leading junior in Legal500 which refers to her “extremely good judgment”.  Her highest profile case to date is O’Reilly v BBC (2010), the ground breaking sex and age discrimination case brought by TV Countryfile presenter Miriam O’Reilly against the BBC. 

 

Before coming to the Bar, Amanda spent eleven years working for trade unions, representing members in local and national negotiations, and organising national campaigns including industrial action.

 

Amanda has represented clients from all disadvantaged groups: race, sex, disability, religion, sexual orientation, and age, and throughout her working life has campaigned on equality issues. 

Employment Law and Industrial Relations

Since being called to the Bar Amanda has specialised in employment and discrimination law, which builds on her experience as a union official. She has successfully represented clients in employment tribunals, the Employment Appeals Tribunal and at the Court of Appeal.

Recent cases include:

  • The successful tribunal claim for disability discrimination by a high achieving trainer with Asperger’s Syndrome: Brown v Colt (2014)The outcome of an EAT appeal (Sept 2017)  is awaited.  The appeal involved novel points on divisibility of injury and  private health insurance.
  • The tribunal case, involving a London Underground employee in her claim for race discrimination arising out of the tattoos displayed by another employee: Delpratt v London Underground (2017)
  • A successful tribunal claim for sex discrimination and harassment of a female journalist working for an Arabic on-line news agency: Al-Juburi v Fadaat (2016)
  • The successful tribunal test-case for disability discrimination brought by a single sided deaf train driver:  Mukadam v London Underground (2013).  Amanda has been involved in a further test cases involving track side workers: Knowles v Network Rail (2016)
  • The successful tribunal claim on employee status and unfair dismissal of a high paid consultant: Ayazi v Wittington Hosp NHS Trust (2014)
  • The successful tribunal test-case for disability discrimination brought by a single sided deaf train driver:  Mukadam v London Underground (2013)
  • The Court of Appeal case on the test for remittance in a sex discrimination case brought by a Royal Navy chief petty officer: MoD v Cartner (2011). To view the case please see here.
  • The EAT case considering the reasonableness of the delay in submitting a claim following publication of a blacklist of construction industry workers: Cullinane v Balfour Beatty Engineering Services Ltd (2011). To view the case please see here.
  • The High Court case considering the interpretation of a union’s rules in relation to the election of the general secretary: Paul Talbot v General Federation of Trade Unions (2011). To view the case please see here.
  • The high profile tribunal case brought by a TV presenter which found that the BBC had discriminated against her on grounds of age: O’Reilly v BBC (2010). To view the case please see here.
  • The Court of Appeal case on time limits in discrimination cases: Chief Constable of Lincolnshire Police v Caston (2010). To view the case please see here.
  • The EAT case on discrimination on grounds of maternity; Cromwell Garage Ltd v Mrs H L Doran (2010). To view the case please see here.

Professional Discipline and Regulation

Amanda has considerable experience of representing registrants before the Nursing and Midwifery Council, the Health and Care Professions Council, the Teaching Agency and General Pharmaceutical Council. She also prosecutes for the General Dental Council.  She has successfully appealed wrong decisions by regulators to the High Court.

She is a co-author of the NMC Chapter in “Professional Discipline and Healthcare Regulators: A Legal Handbook” (published by LAG in 2012 – 2nd Ed being written).  She is a member of ARDL.

Amanda has represented registrants accused of dishonesty, sexual misconduct, general misconduct, lack of competence and whose practice is impaired due to ill health.  A selection of recent cases include:

  • The High Court appeal which resulted in the NMC agreeing to remove the disputed charge accusing a prison nurse of selling Viagra to prisoners / prison officers.   At the remitted hearing a further charge of dishonesty was found not proven.  Following a finding of impairment (which was not disputed) a condition of practice order was imposed for historic criminal convictions, dishonesty (failure to declare those convictions) and inappropriate language: B v NMC (2013-2015).
  • The High Court appeal which overturned a finding of sexual misconduct against the appellant nurse.  At the remitted NMC hearing the disputed charge was dismissed following a submision of no case to answer, and the admitted charge was dismissed following a finding of no current impairment:  H v NMC (2013-2014). To view the case please see here.
  • The High Court appeal which upheld a finding of repeated dishonesty by a nurse: Chamane v NMC (2014). To view the case please see here.
  • The GMC review hearing, which resulted in the successful lifting a suspension order against a consultant: GMC v I (Sept 2017)
  • The NMC case involving multiple charges of abuse, which resulted in all but one charge being found not proven and the imposition of a 12 month conditions of practice order in relation to the remaining charge: NMC v T (2017)
  • Three NCTL cases of sexual misconduct against male teachers.  All resulting in successful outcomes for the teacher.  Two found no sexual motivation, whilst the other only found sexual motivation in relation to lesser charges. (2016 and 2017)
  • Several GDC cases as prosecutor in relation to charges involving professional incompetence and misconduct (2015 and 2016).
  • The NCTL case against a teacher in one of the widely publicised "trojan horse" Birmingham school cases, which was discontinued following a successful application to adjourn (2016-2017)
  • The NMC case involving a nurse whose clinical failures had contributed to the death of an elderly patient.  The charges were admitted and the NMC only imposed a caution order reflecting her candour in responding to her failure: (2015).
  • The NMC case of dishonesty against a nurse for a single false entry into the patient notes (2013), and the HCPC case for dishonesty against a physiotherapist for fraudalent time off for study leave (2014), were dismissed following the collapse of the regulator’s case during cross-examination.  Where dishonesty was admitted by the registrant, the regulator was persuaded to impose a caution order: HCPC v F (2012); NMC v A (2014), NMC v O (2015), or a conditions of practise order: NMC v C (2017)
  • The NMC case for repeated (admitted) dishonesty by an A&E ward manager who over a 6 year period amended the A&E waiting time figures, concluded with the imposition of an 18 month caution order because it was accepted that the nurse had been instructed to do so by more senior managers: NMC v Jeffrey (2012-2014)
  • The NMC case of misconduct in relation to serious errors made by a midwife when physically unwell at work (which had been reported to her manager), was dismissed as not constituting misconduct (2014).  The HCPC case of misconduct in relation to clinical errors made by a physiotherapist suffering from poor mental health was found to be either not misconduct, or not impairment (2014).
  • Two HCPC cases of sexual misconduct following complaints of inappropriate touching by female patients against male physiotherapists (2012 and 2014) were dismissed following successful cross-examination of the complainants to reveal no sexual motivation on the registrant’s part. 

Equality and Discrimination

Amanda has specialised in employment and civil discrimination law.  She has successfully represented clients in employment tribunals, county courts, high courts, the Employment Appeals Tribunal and the Court of Appeal. 

Recent discrimination cases include:

  • The successful tribunal claim for disability discrimination by a high achieving trainer with Asperger’s Syndrome: Brown v Colt (2014).The outcome of an EAT appeal (Sept 2017)  is awaited.  The appeal involved novel points on divisibility of injury and  private health insurance.
  • The tribunal case, involving a London Underground employee in her claim for race discrimination arising out of the tattoos displayed by another employee: Delpratt v London Underground (2017)
  • Successfully defending a  civil court claim for disability discrimination involving hearing induction loops against a football stadium: B v X (2016)
  • A successful tribunal claim for sex discrimination and harassment of a female journalist working for an Arabic on-line news agency: Al-Juburi v Fadaat (2016) 
  • The successful test-case tribunal claim for disability discrimination, by a single sided deaf train driver:  Mukadam v London Underground (2013).
  • Amanda has been involved in a further test cases involving track side workers: Knowles v Network Rail (2016)
  • The Court of Appeal case on the test for remittance in a sex discrimination case brought by a Royal Navy chief petty officer: MoD v Cartner (2011). To view the case plase see here.
  • The high profile case of the Countryfile presenter where the ET found the BBC had discriminated against her on grounds of her age: O’Reilly v BBC (2010). To view the case please see here.
  • The Court of Appeal case on time limits in discrimination cases: Chief Constable of Lincolnshire Police v Caston (2010). To view the case please see here.
  • The EAT case on discrimination on grounds of maternity; Cromwell Garage Ltd v Mrs H L Doran (2010). To view the case please see here.

Education

BSc Social Anthropology

Grad Dip Law

 

Memberships

Discrimination Law Association

Liberty

Employment Law Bar Association

Professional Negligence Bar Association

Free Representation Unit

ILS

Publications

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