Bruce Gardiner

Call: 1994

Expertise

Commercial
Employment
Personal Injury
Professional Negligence

Qualifications

First Class Honours Degree (Jurisprudence)
Queen Mother Scholar, Middle Temple
Tonbridge School; St John’s College, Oxford (1990 – 1993) (Scholar).

Practice Profile

Bruce is Head of the Employment Group at 2 Temple Gardens. Bruce acts both for and against employers in all areas of employment law, particularly unfair dismissal, sex, race and disability discrimination, harassment, flexible working, equal pay – both equal work and equal value cases - restrictive covenants, agency workers, pregnancy and maternity leave, directors duties, contractual claims, redundancy, transfers of undertakings, ill health early retirement, employment related personal injury, quantification of loss and pension issues. He also has significant experience of disputes involving directors and partners, territorial jurisdiction and discrimination claims against trade unions.

Bruce also has a personal injury practice which complements his employment law practice with a particular expertise in stress, harassment and bullying claims, RSI, health and safety at work, as well as issues of quantification of loss including future loss of earnings and pension claims.

He is retained by Toyota to defend injury claims brought by their employees, and by the RAC Motor Sport Association in relation to motorsport claims including karting accidents.

 

Notable Cases

Employment:

Murphy v Strata Security (18.6.09) EAT : ET’s power to review previous orders (Lawrence Graham)

CNM v Tune (June 2009) QBD : Liability of former employee for breach of implied term of fidelity and post termination restrictive covenants (settled) (Warners)

D’Silva v NATFHE [2008] IRLR 412 (EAT) – correct legal approach to multiple allegations of discrimination. Relevance to discrimination claims of failure to keep ethnic monitoring information and of inadequate answers in questionnaires. (WHCG).

Daynes v Disabilities Trust (2007) ET Whether instigation of direct payments scheme amounts to a service provision change under TUPE. (ASB Law).

GHBC Limited v Blakey (2007) QBD Walker J : Whether interlocutory injunction should be granted to enforce non-solicitation clause. (Towergate Underwriting Group).

McLeain v Butler Service Group Limited (2007) Whether worker was employee of employment agency – at first instance; and in CA. (settled) (Wragges).

Scott-Davies v Redgate [2007] ICR 348 EAT : Whether free standing right to complain of non-compliance with statutory grievance and disciplinary procedures. (Porter Dodson). 

Hobbs-Ainley v Zelgrain Limited (2006) : Whether claimant performing work of equal value to male comparator (ASB Law). 

Barke v SEETEC [2005] IRLR 633 CA : Test case on legitimacy of Burns procedure ie whether EAT has power to seek clarification of ET reasons before hearing appeal. Also subsequent case of Barke v SEETEC (No. 2) in EAT 11.10.05. (Wollastons).

Kharegat v Deloitte & Touche (2004) (QBD) : Whether D&T partners could opt out of restrictive covenant and notice provisions in the partnership agreement to join competitor (with James Goudie QC). (Fox Williams). 

Carr v Matrix (2004) EAT : Whether termination of a security contract and engagement of new contractors amounts to an TUPE transfer. (ASB Law).

 

Commercial:

Filobake v Rondo [2005] EWCA Civ 563 breach of contract claim for mass production of samosa pastry. (Carter Bells).

Chaudhry v Yap (2004) (ChD Leslie Kosmin QC) s459 petition; costs implications of refusing mediation. (HBJ Gateley Wareing).

 

Personal Injury:

Dickins v O2 [2009] IRLR 58 (CA) : whether damages are recoverable for stress at work (Beachcrofts).

Green v Sunset & Vine (2009) QBD : liability of TV production company for motor racing accident at televised event (judgment awaited)

Crawford v Manor House Leisure (2007) (QBD HHJ Hawksworth QC) whether an injunction should be granted to require a carting circuit to allow an abusive competitor to compete in a karting event. (Eversheds).

Wortham v Philips (2007) QBD (with Howard Palmer QC) whether employers liable for snowmobile accident during weekend away in Canada. (Beachcrofts).

Richardson v Watson & MIB [2007] PIQR P18 (CA) whether claimant who had failed to give proper notice under MIB agreement could discontinue and issue fresh proceedings. (Greenwoods).

Wattleworth v Goodwood [2005] PIQR P25 whether motorsport governing body liable for a fatal accident on a licensed racing circuit. (Davis J QBD) (Edwards Davies).

 

Professional Negligence:

Toomey v Clarkson Wright & Jakes (2009) : Advice given to managing director on sale of business (ongoing)

Williams v Lambeth Law Centre (2003):  Whether Law Centre liable to a former client for the manner in which it conducted a race discrimination claim. (Kennedys).

 

Additional Information

 

Affiliations: 

  • Industrial Law Society
  • Employment Lawyers Association; ELBA
  • COMBAR
  • LCLCBA
  • PIBA

 

Awards:

  • Pupillage, Brick Court Chambers (1994-5)
  • Finalist, Middle Temple Mooting Competition (1994)
  • Martin Wronker Jurisprudence Prize for best performance in the Jurisprudence finals paper
  • President OU Law Society (1992)