Lisa Hatch

Call: 1995

Lisa is a highly experienced and respected employment law specialist who provides advice and representation to clients across a broad range of sectors.

With over 20 years experience at the Bar, Lisa has a reputation as a first class advocate with a strong track record of providing sound, strategic legal advice to clients in a clear and concise manner.

Lisa has advised and appeared on behalf of a number of central Government departments including the Home Office, MOD, Ministry of Justice, HM Revenue & Customs, the CPS, Serious Fraud Office and the Department for Work and Pensions. She has also represented a number of plcs, banks, charities, individuals as well as local government and members of the British Medical Association.

She is qualified for Direct Access (2005) and has a License to Conduct Litigation (2016).

Prior to the Bar Lisa lived and worked for 3 years in Tokyo where she was employed by Allen & Overy and Miyake & Yamazaki (Japanese attorneys).

Awards

  • 2014 SAL Civil Lawyer of the Year

Appointments

  • Junior Counsel to the Crown 2007-2013

Testimonials

  • “Quick to gets to grips with complicated factual scenarios and to hone in on the key issues in a case. She has excellent interpersonal skills and always makes her clients feel as though they are her number one priority.”  Managing Partner, Kidd Rapinet LLP
  • “…a dogged advocate for her clients, unrelenting in eliciting evidence in support of her clients’ arguments and in closing all potential escape routes for their opponents. She leaves nothing to chance…” – Solicitor, Treasury Solicitors Dept
  • “I cannot recommend Lisa highly enough. She is extremely knowledgeable, great to work with and importantly, puts clients instantly at ease due to the fact that she is friendly and approachable.” Senior Associate, EMW Law LLP
  • “Her skills are obvious from the outset, but they are complimented by her approachability and warmth, attributes not a common feature of her peers. I recommend Lisa because she can make your cause her own, she listens to you, understands and delivers results. What more could you want in an advocate?” Employee Relations Specialist and Workforce Efficiencies Project Lead
  • “Lisa is a very competent barrister and is able to get to grips with the issues very quickly. She explains matters clearly and concisely to clients and is always calm and thorough in the Employment Tribunal.  I have been instructing Lisa for over 10 years and I would highly recommend her.” Partner, Taylor Walton LLP
  • “… She has always instilled confidence in my clients. She is a very knowledgeable, competent and experienced Barrister and I have no hesitation in recommending her to clients.” Partner, Tollers
  • “Lisa is an excellent, committed, highly skilled and knowledgeable employment barrister. She is an absolute pleasure to work with and has a lovely personable and professional approach. I would not hesitate to recommend her.”  HR Business Partner
  • “Lisa is a very knowledgeable and experienced employment barrister. Her professional qualities combined with her friendly, approachable character make her a fantastic person to work with and I highly recommend her.”  Solicitor, Treasury Solicitor’s Department

Employment

Lisa has particular expertise in long and complex trials. She regularly appears on behalf of employers and employees in Employment Tribunals, the Employment Appeal Tribunal, the High Court and the County Court on claims covering the full spectrum of employment law, including:

  • Unfair dismissal
  • Whistleblowing
  • Breach of contract
  • All forms of discrimination
  • Equal pay
  • TUPE
  • Unlawful deduction of wages, bonus & commission payments
  • Employee monitoring
  • Restrictive covenants
  • Confidential information
  • Redundancy/ Restructure

She has advised and appeared on behalf of a number of central Government departments including the Home Office, MOD, Ministry of Justice, HM Revenue & Customs, the CPS, Serious Fraud Office and the Department for Work and Pensions. She has also represented a number of plcs, banks, charities, individuals as well as local government and members of the British Medical Association. Lisa also regularly advises on settlement agreements. During the pandemic Lisa advised employers and employees on a wide range of Covid-related employment matters.

Lisa regularly drafts a wide number of contracts of employment and service contracts for chief executives, directors, senior executives, managers, senior and junior employees. She also drafts staff handbooks and policies.

Featured Cases

Injunctions/ Restraint of Trade

  • X v Y(anonymised for reasons for confidentiality) – (2015) –  High Court – acting for team of recruitment agents and new recruitment agency employer, successfully defended application for springboard injunction by old recruitment agency employer.
  • O v. R (anonymised for reasons for confidentiality) – (2014) – acting for insurance company , in proposed claim against ex-employee suspected of removing confidential information and leaving to work for competitor. Advised and drafted post termination agreement and undertakings.

Disability Discrimination

  • Thyagarajan v. Capgemini plc– (2015) -. EAT – disability discrimination under the Equality Act 2010. Successfully resisted appeal on issue of whether the substantial adverse effect was recurring or asting more than 12 months (Appeal No. UKEAT/0264/14/JOJ)
  • MC Hickford v Revenue & Customs Commissioners– (2015) –  EAT – employee raised disability to explain his  dismissal for gross misconduct for abuse of electronic communications networks involving sexually explicit material. Acted for HMRC, successfully resisted appeal to the EAT on issue of whether the ET had been correct to find the claimant was not disabled (Appeal No. UKEAT/0158/13/)
  • Chapman v. Barclays– (2015) – Glasgow ET – acting for Barclays in case involving disability discrimination, reasonable adjustments, constructive dismissal.

Employment Status/ Agency workers

  • Dixon v. DHL Services Ltd & Milestone Operations Ltd – (2012) – EAT – Employment Status, Employment Agencies, s.78 Race Relations Act 1976.9  (Appeal No. EAT 1635/10).
  • Mayor v. Heart of Birmingham NHS Trust– Birmingham ET – Employment status of Chief Executive of a Professional Executive Committee of NHS Trust . Reported in the medical press.
  • Various claims by contractors for employment status – Lisa has successfully represented various financial institutions in claims by long term contractors  (primarily IT) for employment status.

Contract

  • ISS Mediclean Ltd. v. Elesina – (2012) – EAT – Successfully appealed ET decision on claim for enhanced rates of pay for cleaners in NHS hospitals, Contractual Variations, Agenda for Change. (Appeal No. UKEAT 0427/11, 25/1/12)
  • Olsson v. MOD– (2012) – Leeds County Court – Successfully represented MOD defending substantial claim by surgeon based on RAF Akrotiri base, Cyprus for pay backdated to 2003.

TUPE

  • Advice on national restructure– Advising a national charity employing over 1500 people on the TUPE and redundancy in connection with a nationwide restructure involving consolidation of over 70 units.
  • Daynes & others v. Everycare & others– (2007) – Ashford ET – TUPE, whether direct payment scheme amounted to service provision change under TUPE Regulations 2006.
  • Beaumont & Others v. Broadway– London Central ET – Application of TUPE 1981 to the transfer of the Vauxhall advertising contract to a new advertising agency.

Whistleblowing

  • Thyagarajan v. Capgemini UK plc– (2015) – Birmingham ET –  successfully representing Capgemini plc in defence of whistleblowing claims brought by former employer.
  • Hughes v. Wilkinson Hardware Ltd– (2013) – Newcastle ET – successfully represented employer defending multiple claims of whistleblowing. Central issue of whether alleged disclosures were made in good faith.
  • H v. X NHS Trust (anonymised for reasons for confidentiality) – (2013) – ET – represented claimant in case involving whistleblowing and discrimination claims against an NHS Trust. Secured favourable settlement for client.
  • Mohammed & others v. ISS Mediclean Ltd.  – (2010) – London Central ET – successfully represented employer in claim by 3 employees employed as housekeeper & domestic assistants at Chelsea & Westminster Hospital involving whistleblowing allegations.
  • Varsani v. Capgemini plc– (2010) – London Central ET –  represented Capgemini plc in case involving extensive whistleblowing allegations.

Equal Pay

  • T v C(anonymised for reasons for confidentiality)  – (2015) – Birmingham ET – Advising employer on equal pay (like work) claim in hotel & leisure industry and material factor defence.

Other

  • T v. Serious Fraud Office(anonymised for reasons for confidentiality)  – (2012) – London Central ET – successfully representing Serious Fraud Office in claim involving dismissal for misconduct (misrepresentation about employee’s financial affairs) and zero tolerance policy towards dishonesty.

Banking & financial services

Lisa has experience of regularly advising financial institutions on consumer credit disputes including debt and asset recovery.

Commercial & Chancery

She also advises on general commercial and contractual disputes, negligence and professional negligence claims, intellectual property and information technology disputes, data protection, insurance, and insolvency (personal and company) proceedings.

Lisa has experience of contentious probate proceedings. Notable cases have involved proprietary estoppel and the rebuttable presumption of destruction of a will. She also has experience of partnership disputes, property and boundary disputes and landlord and tenant matters.

Notable contentious probate cases

  • B&D v. D (anonymised for reasons for confidentiality)  – (2015) – Central London County Court  – issue of whether will had been revoked and deceased died intestate. Case involved missing original will and raised rebuttable presumption of destruction.
  • Nolan & Nolan v. Nolan & Collier – (2015) – Central London County Court – acting for executors, successfully defended counterclaim for proprietary estoppel

Associations

  • Employment Lawyers Association
  • Industrial Law Society

Education & Qualifications

  • Licensed to conduct litigation –  2016
  • Qualified under the Bar Council Public Access Scheme –  2005
  • Inns of Court School of Law Bar Vocational Course
  • LLM (UCL)
  • LLB.(Hons)

Interests

This is the Privacy Policy for:

Barrister: Lisa Hatch

Address: 1EC, 3 King’s Bench Walk North, Inner Temple, London, EC4Y 7HR

The Purposes for which Personal Data is Processed:

Personal data will be processed in order to enable the provision of legal services, ie:

  1. advice;
  2. representation in court;
  3. the drafting of legal documents.

It may also be necessary to retain personal data for conflict-checking purposes or for use in the defense of potential complaints, legal proceedings or fee disputes.

The Lawful Basis for Processing Personal Data

In some cases the subject of the personal data will have given consent to the processing of his or her personal data. Where explicit consent has not been given, personal data will be processed only when:

  1. it is necessary for the performance of a contract with the person whose personal data is processed (or prior to entering such contract, in order to take steps at the request of the person whose personal data is processed); or when
  2. it is necessary for the purposes of providing legal services.

Special Categories of Personal Data

It may be necessary to process personal data which constitute particularly sensitive special categories, ie personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation.

Such data will only be processed where processing is necessary for the establishment, exercise or defense of legal claims.

Who will receive Personal Data

The recipients of the personal data processed will be:

  1. instructing solicitors and clients;
  2. courts and other tribunals to which documents are presented;
  3. witnesses and potential witnesses, including expert witnesses;
  4. other barristers, pupil barristers and other legal representatives;
  5. regulatory authorities.

Retention Periods for Personal Data

Personal data in case files will generally be kept at least the end of one year after the maximum relevant limitation period has expired. The limitation period will be measured from the latest date it is possible to bring any appeal.

The retention period will be reviewed when the work has been completed. The retention period may be adjusted at that time.

International Data Transfers

In cases involving international disputes, it may be necessary to transfer personal data to countries outside the European Economic Area which have different data protection standards to those which apply in the European Economic Area. This will only be done for the purposes set out in this Privacy Policy. In the event this is necessary, appropriate safeguards will be in place to protect personal data, such as European Commission approved standard contractual clauses or the EU-US Privacy Shield. You have a right to ask for a copy of the relevant safeguard.

Individual’s Rights

If your personal data has been processed or held, you have a right to request access to (and rectification or erasure of) personal data; or to request restriction of processing concerning the data subject; or to object to processing; as well as the right to data portability. These rights may be limited where there is a legal requirement, or other legitimate grounds, to process your data.

If you wish to exercise these rights, please use the contact details above.

If you have unresolved concerns you also have the right to complain to data protection authorities.