John Bowers QC
Silk: 1998

Commanding the respect of the judges for many years John Bowers QC is one of the premier employment barristers in the UK. Lauded by legal directories and the legal press for his intellectual and technical abilities, clients have praised John for his ‘towering intellect’ while one was quoted as saying he has ‘a brain the size of a planet’.

Acting for both employers and employees, John Bowers QC has a significant employment practice with an emphasis on equal pay cases, and a significant experience of cases involving TUPE, human rights law, unfair dismissal , discrimination and the employment aspects of the reorganisation of companies. He also practices in the fields of judicial review and education. In the latter field he is named in the legal directories as highly recommended.

‘Exceedingly well prepared and highly assured in court’ as well as having the ability to work ’sympathetically with his client and their objectives’, recent landmark cases include an EHCR application on the employment of gay servicemen, House of Lords rulings on injury to feelings awards and the dates of outsourcing for TUPE purposes, and the largest ever ET application by 12,000 retained firefighters, which went to the House of Lords.

He has the seventh largest number of reported cases in Industrial Relations Law Reports since the outset of that report and the third highest in respect of those still practicing. A frequent lecturer on employment law, John has written 15 books including Bowers on Employment Law, now in its Seventh Edition, The Law of Industrial Action and Trade Union Recognition and Whistle blowing. He [co-wrote] Blackstones Employment Law Practice 2006 and 2007 and is a frequent contributor to the Law Society Gazette, New Law Journal and the Industrial Law Journal. He is also an editor of Atkins Court Forms.

A CEDR trained mediator, John Bowers QC was the coordinator of the Workplace Mediation Project which looks
into the use of mediation in sexual harassment cases.

John Bowers QC is a former Chair of the Employment Law Bar Association member of the Standards Board for England, and now sits as a Recorder on the Midlands Circuit and a Bencher of Middle Temple. He is an Honorary Professor at the University of Hull.

EDUCATION

After attending Mathew Humberstone Comprehensive School, John gained a scholarship to Lincoln College, Oxford where he graduated with a First Class.

John Bowers QC then did a BCL. He was called to the Bar in 1979 and took silk in 1998. He has been in turn a Member of the Committee of the Industrial Law Society the Employment Law Association and Honorary Legal Advisor at Turnpike Lane Advice Centre. He carries out work for the Bar Pro Bono Unit,

Between 2001-2003 he was a Member of Home Office Task Force on Human Rights. He used to be Honorary Legal Adviser Public Concern at Work, the whistleblowers charity Between 2001-5 John was a Member of Standard Board for England (Regulator of ethical standards in local government).

Since 2003 John Bowers QC has been an Honorary Professor, University of Hull and since 2005 a Bencher of Middle Temple. He sits as a chair on Bar Disciplinary Tribunals and was for some years on the Bar Council’s Race Relations Committee. He has also taught part time at the following Oxford Colleges: Christ Church, Lincoln and St Hughs, and at the Middlesex Polytechnic (now Middlesex University). He judges moots at Universities and has sat on university disciplinary bodies.

PROFESSIONAL EXPERIENCE
STRIKE INJUNCTIONS

As well as writing the leading book on strikes John Bowers QC has been involved in many of the leading reported strike cases such as ABP v TGWU (1989 Dock Strike Injunctions 1989 IRLR 399 HL) RMT v Connex South East (acted for Trade Union in injunction concerning strike action). News Group Newspapers v SOGAT; Wapping picketing cases He frequently advises on ballot and picketing issues.

JUDICIAL REVIEW

John Bowers QC has been involved in many leading judicial review cases such as McLaren v Home Office 1990 IRLR 338 CA (the role of judicial review in employment law).
Porter v Queens Medical Centre 1993 IRLR 486 EAT (dismissals of doctors following the Allitt Murders)
Dolphin v Pensions Ombudsman: the first judicial review of a Pensions Ombudsman determination.

UNFAIR DISMISSAL

John Bowers QC acts for both employers and employees and has been involved in many ground breaking cases such as Dunnachie v Hull CC: (HL decision as to whether an employee may claim for injury to feelings in unfair dismissal claim)
Whitbread v Mills 1988 IRLR 388 EAT ( leading case on role of appeals in unfair dismissal cases )
Crosville ( Wales Ltd ) v Tracey 1993 IRLR 60 ( House of Lords decision on industrial action and contributory fault )
Wood v Cunard Lines Ltd 1990 IRLR 281 EAT ( extent of unfair dismissal rights for merchant seamen)
Hogg v Dover College 1990 ICR 39 EAT ( proper test of dismissal when one contract terminates and another is offered ).
Gale v Northern General Hospitals 1994 IRLR 292 CA ( continuity of employment in NHS Trusts )
Connolly v Sellars Arenascene; 2001 ICR 760 Ct appeal decision on whether a director may also be an employee of a company for insolvency purposes
Bunce v Postworth (Court of Appeal decision on meaning of employee in context of agency
worker)
Gover v Property Care Ltd 2006 EWCA Civ 286: CA case on Polkey reductions in unfair
dismissal;

DISCRIMINATION

John Bowers QC has acted in the landmark case brought by gay servicemen to remove the ban on their serving in the armed forces R v Secretary of State for Defence ex p. Smith 1996 IRLR 100 and other important discrimination cases such as Wilkin & Chapman v Collins ( discrimination against transvestites )
Anisetti v Tokyo-Mitsubishi International Plc ( race discrimination on grounds of non Japanese nationality).
Shepherd v N Yorkshire CC 2006 IRLR 190; EAT case on distinction between Sex discrimination and equal pay;
Chessington World of Adventures v Reed 1998 ICR 97 EAT ( transsexuals and sex discrimination ).
Rachel Anderson v The Professional Footballers’ Association ( a sex discrimination claim brought by a footballers agent who was refused access to the PFA dinner).
Mathews v Kent & Medway Fire Authority: 2004 IRLR 697 HL first case on part time workers regulations; largest ever ET case involving about 11000 retained firefighters;
Redfearn v Serco 2006 IRLR 623; CA leading case on meaning of direct discrimination:

TRADE UNION RECOGNITION

John Bowers QC is probably the barrister most frequently found advocating in the Central Arbitration
Committee and indeed acted as an amicus curia to the Central Arbitration Committee itself. He has also appeared in these judicial reviews of it
R (Kwik Fit Ltd) v Central Arbitration Committee 2002 IRLR 395; first challenge to Central
Arbitration Committee in relation to trade union recognition;
Court of Appeal R v CAC ex p

BECTU EMPLOYMENT TRIBUNAL PROCEDURE AND PRACTICE

As well as editing one of the leading textbooks on tribunal procedure John Bowers QC has been involved in many of the leading cases including
Blockbuster Entertainment Ltd v James 2006 IRLR 630; CA leading case on striking out in ETs;

TRANSFERS OF UNDERTAKING

John Bowers QC edits an encyclopedia on the subject and has been involved in the important case of Celtec v Astley 2006 IRLR 635: HL & ECJ case on meaning of time of transfer in TUPE cases; on remission from ECJ.

WHISTLEBLOWING

As well as writing the leading textbook on the subject John Bowers QC has been involved in these leading cases: Edgar v Met Office; retrospectively of the public interest disclosure provisions
Kuzel v Roche ; burden of proof

MINIMUM WAGE

John Bowers QC frequently advises on issues of working time and the minimum wage and was involved in
Leisure Employment Services v HMRC: the first EAT and Court of Appeal case on minimum wage involving the accommodation offset.

EQUAL PAY

John Bowers QC is presently involved in many thousands of equal pay cases in the North East and South of
England relating to the local government single status from which there have so far been two leading cases; Allen v Newcastle City Council and Anderson v South Tyneside MBC.

In the NHS equal pay litigation his case of Hartley v Northumbria Health care has been selected as the lead case for the whole country.

NEGLIGENCE

John Bowers QC acted for a claimant who sued a local auction house which failed to identify that a picture was painted by Stubbs Luxmore May v Messenger May Baverstock

He also appeared in the House of Lords in Wright v BRB (level of interest on personal injury awards) and Baker v Kaye 1997 IRLR 219 HC (duty of care of doctor carrying out pre-employment medicals )

MISCELLANEOUS

He has acted on several occasions as a designated independent person for adjudicating disputes between Chief Executives of local authorities and the Council and has also acted as advocate in such disputes.

John Bowers QC has also appeared in many sports cases and represented the Football Association in 2004 when they were considering the position of Sven Goran Erikson as England manager; advised on the move of Time Newspapers to Wrapping and is presently engaged in the Gate Gourmet dispute.