Shane Crawford

Shane’s experience covers the full spectrum of discrimination claims both acting for and responding to claims. He has a track record of managing large complex claims with clarity and composure, distilling the issues and advancing the most cogent arguments on behalf of his client.

Recent cases:

• Dec 2021 O v LBC. Responding to appeal by claimant on asserted error of law in test of victimisation. Awaiting EAT judgement.
• Nov 2021. Gallagher v Bunzl UK Ltd. Successful strikeout application of claims of sexual harassment and constructive unfair dismissal against claimant on basis of vexatious and scandalous conduct by claimant.  
• Jul 2021. Hussain V Santio Ltd. Defending respondent in multi-day discrimination case claimant alleged direct discrimination and harassment based on religion and race by fellow BAME colleagues.  
• Jun 2021. Reid v GQF planning Ltd. Representing a financial advice company in two-week hearing defending claims of unauthorised deduction from wages in respect of non-payment of incentive bonus and breach of contract in respect of pension contributions, sex discrimination and equal pay, constructive unfair dismissal, whistleblowing and victimisation
• May 2021. Philpott v MUK Services. Successfully defending the claim of s.15 disability discrimination, failure to make reasonable adjustments, harassment and unfair (constructive) dismissal against a DWP assessor of eligibility for ill health and disability benefits.  
• Apr 2021. NH v S. Representing a national catering and food company in a multi-day hearing against claims of race and religious discrimination and harassment alleged on the basis of subconscious bias amongst management of the same race.
• Feb 2021. Maruf v Network Rail. Representing claimant, systems analyst, in a two-week hearing of discrimination and harassment.
• Dec 2020. C v FD Solicitors. Defending Mayfair firm of solicitors against allegations of discrimination by dismissed senior partner.
• Oct 2020. Ghyselen v MDY Legal. Representing City solicitors’ firm in multi-day hearing of claims of disability discrimination.
• Dec 2019. NY v BCTF. Representing a senior nurse in claims of direct and indirect discrimination within an inner-city hospital.
• Oct 2019. EO v LB Croydon. Two-week final hearing defending the Borough council against claims of victimisation.
• May 2019. RC v FCA. representing an associate solicitor in a claim of disability discrimination which included cross examination of senior solicitors within management.
• Apr 2019. LD v EQ. Represented a multinational company in a claim of race discrimination, victimisation and unlawful deduction of wages. The claimant alleged that her six figure salary had been curtailed by the respondent unlawfully and that she had been constructively dismissed on the basis of race.
• Mar 2019. Jumale v VS (UK) Ltd. A reference to ISIS by a manager formed the basis for a claim of harassment. Shane successfully defended the claim for the respondent and the manager proving that the comment was in no way linked to the protected characteristic of religion.
• Dec 2018. Chapman v MMP Ltd. A claim of disability discrimination, victimisation was successfully defended where the claimant made allegations of harassment to the police about conduct by the managing director.
• Nov 2018. P v Traderisks Ltd. Successfully represented a financial adviser in a claim of maternity/pregnancy discrimination against a City corporate finance and investment firm.
• Oct 2018. EN v WH. Represented a trainee solicitor in claim of sexual harassment and victimisation against a senior associate in the firm where the claimant was undertaking her training contract.

Shane’s case history of multi-day discrimination cases has been varied. A sample of the cases in which he has been involved in less recent times are:

• MH v West Mercia Police – successfully representing claimant in 4 week discrimination and harassment.
• EB v LB of Croydon – representing respondent in response to claims of disability and maternity discrimination.
• JD v Care for U – successfully representing claimant in claimant in claims of disability discrimination and unfair dismissal.
• Hemdan v Ishmail – successfully obtaining deposit order in an allegation of caste discrimination.
• Hanley and Barnes v Birmingham City Council – representing respondent and successfully resisting a claim for age discrimination.
• Tully v Council for Voluntary Service Rochdale – representing respondent and successfully resisting a Whistleblowing case.
• Hadera v Boots Management Services – successfully representing respondent in a claim of race discrimination.
• Bibb v West Midlands Fire and Rescue Authority – representing claimant in a claim of disability discrimination.
• Manoj v VF Services – representing respondent and successfully resisting claims of sexual harassment and victimisation.
• Williams v E.On – representing respondent in a claim for sex discrimination.

Contentious and high profile dismissals are areas in which Shane has a depth of experience.

Recent cases:

• Oct 2021. Hu v Wing Yip Plc. Successfully defending claims unfair dismissal claim in a redundancy exercise.
• Jan 2021. Alexandru v Einvoicing. Representing respondent. Legal arguments about worker status and commercial contracts.
• Nov 2020. U v HH&S. Acting for charity offering supported and sheltered accommodation responding to a claim of unfair dismissal by senior carer.
• Oct 2020. Box v Quant Network Ltd. Contractual dispute and pre contractual warranties: successfully representing claimant in disputed signing on fee despite existence of an entire agreement clause in his written contract.
• Sep 2020. Orji v University of Brighton. Successfully defending the university against a dismissed senior law lecturer.
• Aug 2020. Vaughan v Talbot. Representing respondent in multi day constructive dismissal claim.
• Jan 2019. Deegan v RC Ltd. Advising an insolvency and debt collection agency on misconduct procedures for a senior manager who claimed unfair dismissal after many attempts by the employer address the managers wayward attendance record. After lodging the response drafted by Shane the employee withdrew his claim.

Unlawful deduction of wages and contractual disputes arise in a wide spectrum of different factual contexts. Shane has experience of disputes arising from the calculation of directors’ bonuses to care workers’ claims for hours worked during sleeping hours and live in care workers.

Recent cases:

• May 2019. Corner v HFH Healthcare Ltd. Successfully defended a claim for £46k of alleged unpaid wages. The facts were complicated by the process of funding from the local authority based on the medical care plan that was put in place. Claim struck out.
• Sep 2018. Winchester v HMRC and others. A complex case in which the claimant was off-pay roll working through an intermediary (IR35) and claimed unpaid holiday pay. The case had significance industry wide since the use of umbrella companies to provide pay roll services is the norm but the required calculation of holiday pay as required by the Agency Workers Regulations 2010. After careful analysis Shane assisted in the settlement of the claim for the respondent.

• Nov 2021. Pollard v Aquinas Church of England education trust. Successfully defending Trust in a two-week hearing against allegations of whistleblowing and unfair dismissal in the context of accusations of covering up manipulation of exam results.
• Sep 2021: Mrs M Fitzmaurice v Luton Irish Forum: EA-2020-000295-RN (Previously UKEATPA/0313/20/RN: Responding to appeal by claimant in whistleblowing case.
• Mar 2021. K v Middlesex University London. Representing the university in claims by a lecturer of discrimination and whistleblowing alleging fraud.
• Jan 2020. Fitzmaurice v Luton Irish Forum. Two-week final hearing successfully defending charity against whistleblowing claim of fraud brought by senior officer.
• Jul 2019. Young v Brit College. Successfully responding to a s.128 ERA interim relief application by senior officer in college.

Shane has significant experience of contested claims for both claimants and respondents in complicated business transfers.

Recent cases:

• Apr 2019. Ghyselen v MDY and others. Representing the respondent in an allegation of disability discrimination in the context of a business transfer whereby the liability for the allegation rests on the proper application of the TUPE regulations.
• Jan 2019. Julia Carlisle v Red Star Pub Company and others. The claimant was successful in obtaining judgment for unfair dismissal on that the dismissal was because of the transfer.

Shane has a depth of experience in cases of part-time workers discrimination; agency workers; employment status; interim EAT appeals.

• Mar 2020. Baker v Smurfit Kappa UK Ltd. Representing respondent in a successful strike out application.
• Jul 2019. Campbell v Jamie Stevens (Kensington) Ltd. EAT interim appeal representing respondent.
• Mar 2019. AR v ILA. Advised on application for anonymisation order by a non-participant to the final hearing. The client was referred to in unfavourable terms within the written judgement despite the fact that she was not a witness but was related to one of the claimants. This was detrimental to her future work applications and opportunities due to the fact that the electronic register of the written judgement was brought up as the first item on any internet search of the client’s full name.

• R (Badur) v Birmingham Crown Court and others [2006] EWHC 539 (Admin). Procedure. Unlawful effect of laying the wrong charge.
• Carroll v Mayor’s Office for Policing and Crime UKEATPA/0203/14/JOJ. Practice and Procedure. Time for appealing – position when written judgement sent to wrong address.
• Nikolova v M & P Enterprises London Ltd UKEAT/0293/15/DM. Discrimination. Application of the correct tests by the tribunal.

“Shane’s analytical skills are second-to-none. He gets right to the heart of a case, applying sound legal judgement, and has excellent advocacy skills.”
The Legal 500 UK 2024

“Shane’s particular strengths are his excellent communication and interpersonal skills which, alongside his analytical mind, makes him highly desirable counsel. Shane always adopts a logical approach to cases and is well liked by clients and a safe pair of hands. Shane will always go the extra mile, and his commercial and legal awareness, ability to remain calm under pressure, and flexible approach to working when situations change, are always appreciated.”
The Legal 500 UK 2023

“Shane does not sit on the fence but calls it as he sees it and provides pragmatic advice on how best to proceed. He’s very responsive and happy to discuss sometimes fairly complex matters at very short notice. He is an invaluable source of knowledge on how the Tribunal is likely to react to different applications.”
The Legal 500 2021

“He gets right to the heart of a case, applying sound legal judgement with excellent advocacy skills.”
Chambers and Partners 2024

“Shane’s analytical skills are second to none. He gets right to the heart of a case, applying sound legal judgement with excellent advocacy skills.”
Chambers and Partners 2024

“He is straight-talking, with no legal jargon or fuss. He is great in terms of client dealings and always willing to bounce ideas around at any stage of a claim.”
Chambers and Partners 2024

“Shane is often requested due to his excellent client service, level of expertise and impressive advocacy. What sets him apart is his excellent communication skills, responsiveness and interpersonal skills, alongside the ability to express arguments and views clearly.”
Chambers and Partners 2024

“Shane can always be relied upon to undertake complex cases and has an excellent commercial awareness and understanding of what the client is seeking to achieve.”
Chambers and Partners 2023

“He is calm and reassuring but extremely effective at cross-examination and dealing with litigants in person.”
Chambers and Partners 2023

“He’s very experienced, able to handle complicated cases with ease and is very personable.” “He has fantastic attention to detail and is impressive in cross-examination.”
Chambers and Partners 2021

Redundancy: law and practise, by McMullen, published February 2021 Oxford University Press. Shane redrafted and updated specific chapters.

Shane’s articles on current areas of interest in his specialism are regularly published in the ELA Briefing.

Recent ELA Briefing articles:

• Worker status: considerations since Pimlico and Uber
• Rule 50: the exercise of discretion considering the safety of non-participants
• Anonymisation Orders: recent decisions by the EAT
• Clarifying a TUPE undertaking
• Pimlico Plumbers:the Supreme Court decides
• TUPE and fragmentation
• Religious and political belief
• Whistleblowing
• Eweida v British Airways

Please click the title for a link to the article, you will need an ELA login.

• Sexual Harassment – a new dawn?
• Non-trivial pursuit
• A shared responsibility: compare & contrast
• Sponsorship, risk assessment & a duty to comply
• Illuminating iniquity: what’s confidential?
• Striking the balance or striking out?
• Harassment – Context is everything

Shane regularly gives lectures and training on current areas of development in employment law.

• ELA training in Tribunal Procedure;
• Industrial Law Society lecture ““Is the Band or Reasonable Responses Test still fit for purpose?”, October 2018
• LexisNexis Webinar: “Key issues when recruiting apprentices” Webinar. Please see LexisNexis website.

Inspire FM – Shane guests on Attiq Malik’s weekly legal show.

LLB Hons

LLM – International Human Rights

Shane is a supporter of the Bar Pro Bono Unit.

Shane is a member of the ELA Pro Bono committee.