Simon Goldberg
Specialisms:
Employment
- Discrimination
- Equal pay
- Whistleblowing
- Trade Union rights
- Unfair dismissal
- Wrongful dismissal and breach of contract
- Post termination restrictions
- TUPE
Executive Training Solutions Ltd. v. Howe [2011] EWHC 2031, Ch.D; employer’s claim against former employee to account for sums earned during/after employment; scope of duty to account; defence of illegality.
Emmanuel v (1) City & Hackney PCT (2) Secretary of State for Health (2011); 6 week test case to determine national GMF in NHS equal pay claims; led Richard Stubbs of Trinity Chambers for claimants against team of silks and juniors for respondents; judgment awaited.
Spires v Newcastle City Council [UKEAT/0334/10]; employment tribunal not entitled to make findings as to reasonable adjustments not pleaded by claimant; employer cannot be liable for failing to do acts merely preparatory to making an adjustment.
Cable Realisations Ltd v GMB Northern [2010] IRLR 42; transferor’s duty to inform arises under TUPE even where there is no duty of mandatory consultation; explicit approval by the EAT of Millet J’s judgment in IPCS v Secretary of State for Defence.
Stockton on Tees BC v Aylott [2009] ICR 872; [2009] IRLR 533; identification of the appropriate comparator in a direct discrimination claim under the DDA, and in a disability-related discrimination claim in the employment jurisdiction following the House of Lords decision in Lewisham v Malcolm.
Merelie v Newcastle Primary Care Trust [UKEAT/0203/09, unreported]; employment tribunal’s strike out claims of unfair dismissal and DDA upheld on the grounds that the claim had no reasonable prospect of success and that a fair trial was no longer possible.
Collins & others v Northumberland CC (2009); large scale equal pay multiple involving around 2000 Claimants.
Walker v North Tees & Hartlepool NHS Trust [UKEAT/0563/07]; guidance on the correct approach to a claim alleging an employer’s failure to allow a union representative time off for health and safety training.
Routledge v TRW Systems Limited [2007] All ER (D) 189 (Apr); DDA claim for failure to make reasonable adjustments – guidance given on correct approach in law to a reasonable adjustments claim.
Tyne and Wear Autistic Society v Smith [2005] ICR 663; [2005] IRLR 336; [2005] 4 All ER 1336; leading case on time at which a claim submitted on-line is presented to an employment tribunal.
Commercial/Chancery Litigation
- Sale of goods
- Commercial fraud
- Sports law
- Directors’ duties (including disqualification)
- Shareholder disputes
- Wills & probate
- Partnership
- Landlord & tenant (commercial and residential)
- Insolvency (corporate and personal)
- Professional negligence
- Commercial agents
- Agricultural disputes
- Consumer credit
Iles v Iles [2012] EWHC 919 (Ch); dispute over land as a result of an incomplete declaration of trust.
Boswell & others v Lawson [2011] EWCA Civ. 452; [2011] W.T.L.R 931; application for rectification of a will out of time.
Marson v Fattah [2010] EWCA Civ. 266; consumer credit agreement; human rights implications of failing to permit litigant in person to advance their case at trial.
Bailey v Dargue [2008] EWHC 2903 (Ch); [2009] B.P.I.R. 1; jurisdiction of circuit judge authorised under s.9 of the Supreme Court Act 1981 to hear bankruptcy appeal.
Washington Housing Company Limited v Morson [2005] EWHC 3407 (QBD); circumstances in which the Court may make a demotion order against an anti-social tenant.
Ward v Mileson (ChD, unreported, 2008); £1.25m claim by former employee for breach of trust relating to proceeds of sale of shares.
What others say:
"Simon Goldberg of Trinity Chambers is praised by market sources for the depth and breadth of his commercial disputes expertise, which includes professional negligence, insolvency, directors' duties and shareholder disputes." Commercial Dispute Resolution, Chambers & Partners 2012
"Fierce cross-examiner ... He "packs a punch in the tribunal room." Employment, Chambers & Partners 2012
"stands out among his peers for his hard work and first-rate advocacy skills"
"an assured barrister’ and an ‘equal pay expert." Legal 500 2011
"solid all-rounder, who is commercially astute, thoroughly prepared and excellent at cross-examination."
"attracts considerable praise. One enthusiastic interviewee labels him "a joy to work with. He is equally good on paper and in the courtroom and can distil complex legal matters beautifully." His areas of expertise include contractual disputes, partnership disputes and professional negligence." Chambers & Partners 2011
"...committed to the client and commercially astute." Legal 500 2010
"...is singled out for the way he 'fights his clients' corners and inspires trust. He is highly regarded for his work in employment disputes of a commercial nature." Chambers & Partners 2010
"He can be tenacious and punchy when needed but he's always pitch-perfect for each different judge or tribunal." The "hard-working and gifted advocate". Chambers & Partners 2010
"he has a very good brain, and he is affable, so a joy to work with; he compares very well with London counsel" Legal 500 2008
"commercially astute and confident" Chambers & Partners 2008
"a fighter when necessary…he takes no prisoners in court" Chambers & Partners 2008
"a hard working and sensible nature" Chambers & Partners 2008
Appointments:
Attorney General’s Provincial Panel (2007)
Registered Lawyer under The Football Association Football Agents Regulations
Memberships:
- Employment Law Bar Association
- Employment Law Association
- Bar Pro Bono Unit
Lectures & Seminars:
Regularly lectures to students, solicitors and other professionals on all aspects of employment law and commercial litigation.
Education & Awards:
- BA, Trinity College, Oxford
- Queen Mother’s Scholar, Harmsworth Scholar and Exhibitioner, Middle Temple
Additional Information:
Lives in Gosforth, Newcastle upon Tyne. Educated RGS Newcastle. Married with one daughter, Izzy.