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Lucy McLynn
Partner

Lucy is ranked by Chambers UK Legal Directory as a Leader in the field of Employment, and recommended by the Legal 500 Directory and Chambers (please see quotes below)

Lucy featured as one of The Lawyer's "Hot 100 Lawyers" for 2007, and The Times' "Lawyer of the Week" in February 2008

Qualification and experience
• First Class BA (Hons) in English, Bristol University 1994
• Called to the Bar in 1997
• Joined BWB employment team in December 1999
• Qualified as Solicitor in 2002
• Partner in 2005
• Particular interest and expertise in issues of status, discrimination, maternity and Working Time
• Executive Committee Member of the Industrial Law Society
• Member of ELA
• Member of the Equal Opportunities Review advisory panel

Examples of work undertaken
• Representation at Employment Tribunals in Great Britain and Northern Ireland. Recent tribunal work includes:
• Establishing that a Christian ethos-based organisation was entitled not to employ a Muslim as a finance administrator under the Genuine Occupational Requirement defence (Muhanmmed v Leprosy Mission International, see Equal Opportunities Review, March 2010)
• Successfully arguing against a claim of constructive dismissal and bullying brought by the Scottish Director of the Duke of Edinburgh's Award.
• Establishing that an hourly paid lecturer could not claim parity with permanent lecturers under the Fixed Term 
• Employees (Prevention of Less Favorable Treatment) Regulations 2002
• Successful defence of numerous claims concerning status by atypical workers including volunteers, agency workers and casuals
• Successful defence of numerous multi-day unfair dismissal, whistle-blowing and discrimination claims
• Successful arguments on complex cases concerning National Minimum Wage and Working Time entitlements
• Frequently advocating in the Employment Appeal Tribunal, including:
       • Virgo Fidelis School v Boyle IRLR [2004] 268 (appropriate level of compensation for a whistle-blower)
       • South East Sheffield CAB v Grayson IRLR [2004] 253 (volunteer status – discrimination)
       • Melhuish v Redbridge CAB IRLR [2005] 419 (volunteer status - unfair dismissal)
       • Randall v Southampton City College IRLR [2006] 18 (disability discrimination- the scope of the duty of reasonable adjustments)
• Conducting the case of Coleman v Attridge Law (reported twice in the EAT and once in the European Court of Justice) IRLR [2007] 88, IRLR [2008] 722, and IRLR [2009], establishing the scope of protection for those associated with a disabled person (e.g. carers) under the Disability Discrimination Act 1995. For further information on this case, please click here.
• Conducting the case of X v Mid Sussex CAB [2010] IRLR 722, in which the EAT ruled that volunteers were not covered by the term "occupation" in the European Framework Directive for the purpose of protection from disability discrimination.
• Conducting the case of Masih v Awaz, where a reference has been made to the European Court of Justice by the Glasgow Employment Tribunal about the scope of protection from religious discrimination under the European Framework Directive

Recent advisory work has included
• Advice to numerous clients on treatment of holiday pay entitlements for sick workers
• Advising on service contracts/severance agreements for senior executives
• Advice to Which? Magazine on a service provision race discrimination issue
• Advice on self-employed contracts and associated tax issues
• Advising on numerous issues aruond collective consultation and industrial action
• Advice on child protection and other vulnerability issues in relation to the recruitment/retention of "risk" employees

Publications/Lectures etc
• Author of "Working Time and Holidays - a Practical Legal Guide" (Oxford University Press November 2009)
• Author of articles for numerous publications including The Times, Croners, Personnel Today and Charity Finance
• Frequent lecturer at conferences, including speaking annually at the Lexis Nexis "Hot Issues in Employment Law" conference and speaking at an evening meeting of the Industrial Law Society in February 2010 on "Working Time - Some Answers and More Questions"
• Frequently quoted on employment law issues in the press (eg. The Times, The Lawyer, The Law Society Gazette and The Guardian) and interviewed on the radio (eg Radio 4, Radio 5, BBC London) and TV (BBC and ITV - most recently commenting on the High Court injunction by Network Rail on BBC News at 10 on 1st April 2010 and ITN's London Tonight on 25/04/10 commenting on the Equality Act)
• Panellist on Radio 4's Money Box Live on topics including carers' rights, maternity and paternity provisions and the entitlements of adoptive parents.

Pro bono work
• Honorary Legal Advisor at Blackfriars Legal Advice Centre
• Former trustee and Honorary Legal Advisor of Women’s Environmental Network

Recommendations
Chambers UK 2010  "The 'quietly assertive' Lucy McLynn led the first disability discrimination case to the referred to the ECJ"
Chambers UK 2009  “quietly assertive”
Chambers UK 2008  "an excellent all-rounder"
Chambers UK 2007  "a rising star in the health and care sector"
Legal 500 2007  "BWB excels at cutting-edge contentious work, demonstrated by Lucy McLynn securing a referral to the European Court on the sceope of protection against discrimination for disabled people's carers"
Legal 500 2006  "cosmic"
Legal 500 2005  "a real high-flyer"