Park Chambers | Erich Suter | Public Access employment barrister| Commercial mediator | Employment mediator

Erich SUTER

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Erich Suter

BA (Hons) Law

LLM Advanced Litigation (now LLM in Advanced Litigation and Dispute Management)

MCIArb

FCIPD

Accredited Mediator - accredited by the Chartered Institute of Arbitrators and by ADR Chambers

Barrister (called 1979 - Middle Temple).

In July 2002 I became the first Barrister to be granted the right to conduct litigation

under the Employed Barristers (Conduct of Litigation) Rules 2002.

In March 2004 I was one of the first of a group of Barristers to qualify under the

Direct Public Access rules.

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Member of:

- Employment Law Bar Association

- Employment Lawyers Association

- Public Access Bar Association (Also a member of the PABA Steering Committee)

- Civil Mediation Council

Listed on the Bar Council's list of Barrister Mediators

Member of the Chartered Institute of Arbitrators Panel of Commercial Mediators

I am also a Visiting Fellow of Kingston University, School of Law

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I have specialised in employment and contract law since being called to the bar early in 1979.

In 1980 I was appointed Employment Law Adviser to Institute of Personnel Management

(now the Chartered Institute of Personnel and Development); a position in which I remained

until mid-1994. As such I advised the Institute and its members on day-to-day employment law,

industrial relations, dispute resolution and associated matters. This was a part-time time appointment

and during this time I also advised and represented members and their companies in employ-

ment matters both to avoid tribunals and at tribunals and EAT. Because of my position with the CIPD

the emphasis of my work was primarily on respondent work.

I have acted for companies and organisations of all sizes and in all areas of operation from

Government Departments, Local Authorities, Health Authorities, national organisations

responsible for areas of the arts, large charitable trusts, professional firms and companies

with many thousands of employees right down to small firms with only a few employees.

I have been involved in numerous mediations as an employment, or workplace mediator, and

as an accredited commercial mediator as a well as acting as a representative in mediations. I have

also acted as an arbitrator dealing with employment issues.

From 1992 I began to advise and represent the Serco plc group of companies, a major facilities

management group with about 35,000 employees worldwide, I became increasing involved with

the Serco group and was formally appointed In-House Counsel for Serco in 1999; a position

in which I remained until late 2005 when I decided to set up my own Chambers to take advantage

of the opportunities presented by the direct public access rules; although I do still retain links

with Serco.

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Representation - primarily at tribunal and EAT. Throughout my career I've represented

mainly respondents; although I have also represented many claimants. As an employed

Barrister I have invariably had the conduct of the cases in which I have acted (up to Court

of Appeal level). This means that I am in an excellent position to act for clients under the

direct public access provisions without needing them to provide very much by way of

additional input. I act in cases in all areas of employment law including: unfair dismissal,

discrimination of all types - whether race discrimination, sex discrimination, sexual

orientation, disability discrimination, age discrimination and religious discrimination

as well as breach of contract, wrongful deductions from wages, transfers of under-

takings, trade union matters and redundancy.

Mediations - both acting as a mediator and as a representative in employment and

commercial mediations. (For more on my mediation work click Mediation)

Drafting contracts of employment at all levels. Advising on, drafting and implementation

of contracts, HR policies and procedures for newly set up organisations, as well as those

which are seeking to optimise their policies and procedures on expansion and otherwise -

including drafting appropriate employee handbooks and giving management guidance and

training.

Discipline, grievances and disputes procedures - drafting, training, implementing and

advising on such procedures and their practical implementation. I have also acted

as a mediator in internal procedures and processes. In many cases an external person's

independence and experience can be a crucial factor in achieving a result in such cases

which is acceptable to all concerned. I have also acted as an independent arbitrator

in internal employment arbitration.

Redundancies - dealing with redundancies from setting up the selection, consultation and

redundancy payments options to dealing with appeals from selection as an independent

arbitrator.

Arbitrations - I have sat as an arbitrator and acted as a representative in employment

arbitrations.

Equal opportunities: including drafting and training on Equal Opportunities Policies, advising

clients in respect of proposed new legislation, and all types of discrimination advice and

representation including mediating to try to resolve harassment allegations. (I was involved

in an advisory capacity with the CIPD's first official guidance on sexual harassment).

Transfers of undertakings – including transfers out and transfers into organisations,

as well as intra group transfers, terms of transfers, timing particularly of intra group

transfers. Setting up terms and conditions - dealing with employment law and IR aspects

of transfers.

Negotiating with trades unions and setting up negotiating strategies for companies in

relation to recognition demands and industrial disputes.

Training in all aspects of employment law, industrial relations and good industrial practice.

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My “Guide to the Wages Act 1986” was the first publication to point out the possibility

of an action lying under the Wages Act 1986 for failure to pay in lieu of notice (See IDS Brief

review). The position was not conclusively decided until the House of Lords decision

in: Delaney v Staples (t/a De Montfort Recruitment) [1992] 1 All ER 944, [1992] IRLR 191.

Following the publication of my “Guide to the Wages Act 1986” I was invited to advise the

Irish Government on its proposed Wages legislation.

Whilst engaged as the IPM’s Legal Adviser I was involved in drafting and advising on IPM

responses to various legislative proposals as well as in putting together many of its

employment policy documents.

In 2002 and early 2003 I was involved in providing advice, on behalf of a client, on the Draft

Equality (Religion and Beliefs) Regulations 2003. As a result of my advice the DTI

agreed to change the wording of Regulation 3 of the Regulations.

I acted for the appellant in the first case in which the Court of Appeal considered

the effect of the repeal of s 196 Employment Rights Act 1996 on territorial jurisdiction:

Lawson v Serco [2004] EWCA Civ 12, [2004] IRLR 206, [2004] ICR 204^*.

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Kingston University: (2007) Visiting Fellow

City University: (1980 - 1982) Employment law for personnel professionals and trades unionists.

Holborn Law Tutors: (1978 - 1984) Senior Lecturer in Contract, Labour and Social Security Law

teaching LLB, Law Society and Bar Finals students.

I also lecture from time to time at various colleges and Universities including Redwood College, part

of Southbank University and Barnett College, business school.

In-House training on various aspects of Employment law.

Local and National conferences and other ad hoc courses for:

· Chartered Institute of Personnel and Development

· British Institute of Management

· Institute of Certified Accountants

· Humane Technology

· British Telecom

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· "The Progress from Void to Valid for Agreements to Mediate", to be published Feb 2009: 75

Arbitration

· "Required Discussion? The Move Towards Enforced Mediation", (2008) 158 NLJ pp 1525-1526 and

1562-1563 - Lexis Nexis abstract link for Lexis Nexis subscribers

· "A Guide to Employment Law Statutes" 8th ed CIPD 2005 (previous seven editions published as: The

Employment Law Checklist) For more information visit: http://www.ipd.co.uk/Bookstore/_catalogue/EmploymentLaw/1843981378.htm

7th ed IPD 2000, 6th ed 1997, 5th ed 1992 IPM; 4th ed 1990 IPM; 3rd ed 1985 IPM, 2nd

ed 1982 IPM, 1st ed 1981 IPM

· Employment Law Service - updating 1998-2005. Contributor of recruitment and contracts of

employment sections and consulting editor to the work. Jordans.

· Employment Law Manual - (1987-1990) General Editor of this updating encyclopaedia

of Employment Law - Gower.

· SOAR'S Solicitors' Practice Sections on Tribunal procedure - Butterworths - updating

· Guide to the Wages Act 1986 - co-author dealing with the law - IPM 1987

· Statutory Sick Pay Consulting Editor on 2nd Edition - Tolley 1986

· Contracts at Work 1982 IPM 265pp

· Labour Law Teaching Manual Holborn Law Tutors 1981 300pp

· Contract Case Law Handbook Holborn Law Tutors: 1980 250 pp

· Restraint of Trade Clauses Holborn Law Tutors 1980 55pp