Adrian Lynch QC

Adrian Lynch

Professional Summary

Called 1983 Appointed QC 2000

Contact Details

E T +44 (0)20 7632 8500 Clerk Tom Street Clerk Christopher Smith E

Adrian’s practice primarily spans the full range of employment law but also extends into public law. He has appeared at every level of the domestic courts including the Supreme Court and has also conducted cases before the CJEU and the ECHR. He is recognised as an expert in a wide range of employment law areas including equal pay.   He is highly experienced in TUPE and its complications, often advising public bodies and large corporate companies on possible solutions to TUPE-related issues, as well as in all forms of discrimination law and employment related pensions issues. In addition, Adrian has on a number of occasions been involved in, and chaired, disciplinary inquiries.

Specialisms

Employment

Adrian’s practice spans the full range of employment law, from discrimination through to TUPE and equal pay claims. He has particular recent experience advising and acting in complex pensions cases.

Recommendations

“He is fiercely intelligent and strategically switched on.” Legal 500

“He has years of experience and is extremely bright” Legal 500

“A very clever barrister whose ability to set the right tone in litigation is remarkable.” Legal 500

“A go-to person for difficult points of law and someone who is good at thinking of new angles” Chambers and Partners

“He is delightful to work with, immensely experienced and has a nice conversational style” Chambers and Partners

“He is measured and calm, and has a great instinct for the best tactical approach to take” Legal 500

“A very clever guy who is exceptionally nice to work with. I value an opinion from him on very tricky points” Chambers and Partners

“Very good at putting clients at ease” Legal 500

“He is very calm, measured and user-friendly” Chambers & Partners

“A great team player; he combines intellectual rigour with good judgment” Chambers & Partners

Recent Cases

As to pensions:

Mrs Sargeant & Others v Fire and Rescue Authorities and Others
Adrian, together with Counsel on behalf of the other Respondents, very recently successfully resisted the firefighters’ claims for age, sex and race discrimination in connection with recent reforms to public service pensions.

Fleet Maritime Services (Bermuda) v The Pensions Regulator
[2016] IRLR 199
Adrian successfully argued on behalf of the Regulator that seafarers who worked on a ship which spends most of its time outside of UK waters “ordinarily work” in the UK for the purposes of the Pensions Act 2008 if their tours of duty regularly start and end at a port in the UK.

As to TUPE:

Equality & Human Rights Commission v Earle
[2014] IRLR 845
Adrian successfully submitted that the Claimant’s contract of employment did not entitle her to a salary increase each year after a TUPE transfer.

Alemo-Herron & Others v Parkwood Leisure Limited
[2013] IRLR 744
Adrian successfully represented Parkwood up to and including in the CJEU in arguing that post transfer Collective Agreements did not alter the transferred employees’ terms and conditions with the transferee employer.

Royal Mail Group v The CWU
The Court of Appeal
Adrian successfully represented the Royal Mail in this leading case on the extent of the obligation to inform and consult pursuant to the TUPE Regulations.

As to equal pay:

Emmanuel v Secretary of State for Health & Others
[2011] Eq LR 1291
Adrian successfully represented the Respondents in these claims for equal pay and established that the Respondents’ market forces GMF defence was a defence to the differences in terms of basic pay.

Hartley v Secretary of State for Health
[2007/2008]
Although the decision of the ET in this case dates back to 2007/2008 reference can be made to it because Adrian successfully represented the Secretary of State for Health in this major challenge to the large scale reforms of the NHS known as Agenda for Change in what were in all likelihood the largest multiple claims for equal pay ever presented in the UK which claims would have affected some 1.2 million non-medical NHS employees.

News, Articles & Publications

Prior to moving to the Bar, Adrian taught law at King’s College, London. In that capacity he published a significant number of articles and book reviews including in the Law Quarterly Review. Thereafter, Adrian has been for some years, and continues to be, the author of the Chapter on settlements in employment law in Foskett’s The Law and Practice of Compromise.

Education

LLB (King’s College, London)

Jelf Medallist (King’s College, London)

Other

Prior to taking Silk in 2000 Adrian was a member of the Attorney General’s Supplementary Panel of Treasury Counsel for Employment Law. In 2002 Adrian applied to be and was appointed a Recorder.

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Regulatory Information

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Professional title: Barrister

Full name (as registered with Bar Standards Board of England and Wales): Adrian Lynch QC

VAT Number: GB 397042141

Legal Status: Sole Practitioner

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