During her third six, Preetika has gained experience working with her supervisor on complex and high value multiday trials across the full spectrum of employment and discrimination law. She has gained experience of acting for both claimants and respondents in liability and remedies hearings.
Preetika has also assisted on appellate cases including the significant holiday pay and ‘gig economy’ case (Smith v Pimlico Plumbers). She has worked on cases raising complex legal issues in developing areas of employment, discrimination and equality law. This includes
Working on an advice for the Equality and Human Rights Commission on the interplay of EU Regulations with the Equality Act 2010. Issue related to whether EU Regulations exclude public sector equality duty in relation to disabled transport users.
Prepared arguments on the impact of the European Convention on Human Rights on gaps in the Equality Act 2010. This was in the context of businesses who adopt complex employment structures in order to escape liability for harassment under the Equality Act.
Conducted research on the scope of application of CJEU case of King v Sash Windows to gig economy workers’ rights under the Working Time Regulations 1998.
Conducted research into relational contracts, the implied term of trust and confidence and whether applicable to limb (b) workers; in context of arguments that employer not liable due to worker status.
Preetika has also been instrumental in reviving the Employment Law Advice Sessions at The Legal Advice Centre (University House) in Tower Hamlets. At these sessions, Preetika diagnoses and advises on the merits of employment and discrimination claims. She has advised on matters across the full spectrum of employment law, including: employment and worker status; unfair and wrongful dismissal; rights of agency and ‘gig economy’ workers; the coronavirus job retention scheme; direct and indirect discrimination (disability, religion or belief, race, sex, age, sexual orientation, gender reassignment, pregnancy and maternity); discrimination arising from disability; harassment; victimisation; holiday pay and wages claims; whistleblowing; restrictive covenants and TUPE; procedural issues in the employment tribunals – amendment and jurisdiction.
During pupillage, Preetika has been instructed in Preliminary Hearings and claims for unfair dismissal. She has drafted lists of issues and skeleton arguments relating to strike out, unless orders, deposit orders, settlement agreements, jurisdiction and time limits as well as for summary judgment in the county court. She has also drafted further and better particulars in a complex race and disability discrimination claim.
Preetika has published articles and blogs in the areas of employment, discrimination and human rights law. Recent publications include an analysis of The Coronavirus Job Retention scheme here and an update on the gaps in the scheme here. Preetika also published two articles in the most recent edition of the Discrimination Law Association Briefings:
‘Sex Discrimination and Pension Equalisation’, Simon Cuthbert, Henrietta Hill QC and Preetika Mathur, DLA Briefings, Volume 70, 937
‘Heal v The Chancellor, Master and Scholars of the University of Oxford' – Audio recording of ET proceedings as a reasonable adjustment, Preetika Mathur, DLA Briefings, Volume 70, 947
She also recently presented a Webinar on ‘Furlough, Redundancy and Dismissal Rights in a Pandemic’ as part of Doughty Street Chambers webinar series into the pandemic.
Preetika previously worked on Discrimination, Equality and Human Rights Law issues at the Indian Supreme Court, with the former Solicitor General of India and other senior advocates. Cases include:
The constitutional challenge to the world’s largest biometric database (Privacy & Aadhaar litigation). Drafted arguments challenging the bulk collection of data and to subject algorithmic decision making to constitutional controls against bias.
Navtej Singh Johar v Union of India - case which decriminalised homosexuality in India.
Mohammed Salimullah v Union of India- challenge to the deportation of India’s Rohingya refugee population.
Goolrukh Gupta v Union of India - case on the tension between gender equality and minority religious rights of the Parsi faith.
Preetika is also developing an international law practice. Prior to coming to the Bar, Preetika worked with NGOs, Governments, the United Nations (including in the Office of the UN Secretary General at UNHQ, UN Women & the ICTY) and international organisations around the world.
She was part of the Justice Verma Committee team which drafted a landmark report on gender justice following the December 2012 Delhi gang rape. The former UN High Commissioner for Human Rights described the report as: “A ground-breaking basis for action against violence against women” and “the report should serve as a beacon for other countries struggling to respect the rights of women”.
She also founded a project with the Bar Human Rights Committee of England and Wales to improve trial advocacy in relation to vulnerable witnesses in the Indian criminal justice system.
Preetika has volunteered for a number of social justice organisations in the UK: This includes as a social security tribunal representative at Zacchaeus 2000 Trust where she represented torture survivors in welfare cases, as a McKenzie Friend at the National Centre for Domestic Violence and as a Housing Advisor at Toynbee Hall Advice Centre, Tower Hamlets.