- Called: 1996
Shane Crawford is a specialist employment law barrister who provides a quality of service based on over twenty years’ experience in this field. Shane’s experience encompasses all areas of employment law issues and he possesses particular expertise in conducting lengthy hearings of complexity through the whole spectrum of discrimination claims and TUPE. The other areas in which he regularly represents clients are whistleblowing, contract, unlawful deduction of wages, national minimum wage, agency and part-time workers claims and unfair dismissal.
He is highly regarded in his field and is sought after for his subtlety and assertive presence in tribunal and court. He is attentive to the client’s needs and provides a balanced assessment of merits of a case.
Shane’s client base includes private sector respondents and public employers. Shane has a depth of experience in representing claimants from all different professional and trade union backgrounds.
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.
- 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.
- 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.
- Nov 2018. Grenfell Tower burning effigy. Detailed advice to the employer of the person responsible for hosting the Grenfell Tower burning effigy bonfire party on disciplinary procedures and reason for dismissals within s.98(2) ERA 1996.
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.
- 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.
Shane has significant experience of contested claims for both claimants and respondents in complicated business transfers.
- 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 in which allegations of whistleblowing are advanced; part-time workers discrimination; agency workers; employment status.
- 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  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 articles on current areas of interest in his specialism are regularly published in the ELA Briefing.
Recent ELA Briefing articles:
- Anonymisation Orders: recent decisions by the EAT
- Clarifying a TUPE undertaking
- Pimlico Plumbers:the Supreme Court decides
- TUPE and fragmentation
- Religious and political belief
- Eweida v British Airways
Please click the title for a link to the article, you will need an ELA login.
Recent New Law Journal articles:
- 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.
LLM – International Human Rights
Shane is a supporter of the Bar Pro Bono Unit.
Shane is a member of the ELA Pro Bono committee.