"Clients say he 'provides excellent advice and documentation'."
(Chambers & Partners, 2017)
Mark is a specialist employment lawyer with over 18 years’ experience advising businesses and organisations (public, charity, and educational institutes) on HR issues and strategy. He is an employment tribunal Judge. His knowledge, experience and expertise is invaluable when assisting businesses resolving employment law issues.
He also advises and acts for employers and individuals in Employment Tribunal and employment-related High Court claims.
Mark is listed as a Leading Individual in Chambers (2017 edition) and as a Recommended Lawyer in the Legal 500 (2020 edition).
Mark has acted in many complex cases involving allegations including discrimination, whistle-blowing, unfair dismissal and breach of restrictive covenants. Some of Mark’s cases have been ‘cutting edge’, being reported in the legal press for changing the law.
- Acting on behalf of a leading charity on a case which clarified the legal position where an employer has ‘no choice’ but to discriminate, in this case by refusing to appoint an otherwise suitable internal candidate to a role because her ethnic origin would place her and colleagues at risk in an area of conflict, travel to which was a necessary part of the role. The appeal court accepted that such discrimination would also not amount to a breach of contract, meaning the claimant did not succeed in her constructive unfair dismissal claim.
- Successfully defending a company against a sex-discrimination claim alleging harassment and dismissal by the MD on the ending of a relationship between him and the employee.
- Taking high court injunction proceedings on behalf of a company alleging breach of post-termination restrictions.
- A case which clarified the ambit of what constitutes a ‘reasonable adjustment’ with disabled employees.
- A successful disability discrimination and constructive unfair dismissal claim on behalf of a lawyer with bi-polar spectrum disorder.
- Multi-party Equal Pay cases.
- Assisting a professional services firm where a senior manager was accused of sexual harassment.
- Advising a religious organisation where a senior director was accused of bullying conduct.
- Acting for a CEO in employment tribunal litigation, alleging deceitful misrepresentation by the Board, case settled on the first day of the hearing.
- Advising the UK subsidiary of a foreign-owned multi-national on a complex TUPE transaction, including on the interrelationship between Tier 2 visa-holders and TUPE. Because of previously received incorrect advice, the company would have inadvertently breached immigration regulations, leading to possible criminal sanctions, had they not taken Mark’s advice.
- Acting for a Doctor of Science alleging bullying and sex discrimination against her by an otherwise all male team of scientists.
- Advising a company dealing with contentious exits from their organisation involving allegations of discrimination and concluding settlement of potential claims.
- Acting for a business where a leaver misappropriated highly confidential information on her exit; agreement concluded on suitable undertakings without litigation,
- Acting for a local church on a disciplinary issue and allegations of race discrimination and concluding a deal based on an agreed exit.
- Advising businesses on TUPE issues – both ‘transferors’ and ‘transferees’.
Mark has acted for national and multi-national large charities including IPPF, Amnesty International, London colleges and Oxford Colleges.
“The ‘very impressive’ Mark Emery advises on all employment law and HR matters for clients ranging from businesses and charities to individuals.”(Chambers & Partners, 2016)
“Interviewees note his prowess on contentious employment cases, praising him as ‘a tenacious litigator – very clever and creative’.”(Chambers & Partners, 2015)
“Clients affirm their confidence in Mark Emery, who is praised for avoiding legalese and legal jargon.”(Chambers & Partners, 2014)
“He brings ‘passion to his work and a commitment to his clients’, who he makes ‘feel part of a winning team’.”(Chambers & Partners, 2013)
“Employers rate Mark Emery’s knowledgeable, clear, concise and prompt guidance.”(Chambers & Partners, 2010)
“…wins praise for his dedication: he goes above and beyond the call of duty.”(Chambers & Partners, 2011)
‘Doing the right thing’ is at the heart of Freeths. Find out more about our excellent client service and the strong set of values that guide the way we work.
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Contact: 03301 001 014