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Nicola Welchman Nicola Welchman
Consultant Employment Solicitor

I am an employment rights specialist. Throughout my career, I have represented employees in workplace disputes. I offer advice on negotiation strategy, post-termination restrictions and executive compensation as well as undertaking the negotiations, contract negotiation and conducting litigation.

Clients:

Over the years, I have represented clients across many sectors - from financial services, technology, high education to civil aviation, the third sector and the media.

My client base is wide and many clients come to me through referrals from previous clients and, in some cases, my opponents.

I regularly act for senior executives leaving employment in a range of circumstances from board disputes to burn out and performance processes to redundancy.

My approach:

I aim to quickly build a rapport with my clients, devise a strategy and work towards my client’s preferred outcome.  I aim to negotiate and facilitate settlement. If a settlement is not possible, I am an experienced litigator and will represent my clients in litigation in a wide variety of tribunal and civil claims. 

I have a particular interest in discrimination claims and often represent women who are pregnant or returning from maternity leave.  I am well used to advising where complex mental health issues are material to the issues in the case.

My preference is to resolve disputes amicably but I draw daily on my extensive experience of employment tribunal litigation. I have a sympathetic ear and understand of my client’s needs during negotiations. I am tenacious and will doggedly represent my client’s interests in settlement discussions and beyond. 

Brief Career Background:

Setfords, London – 2021 to present

Monaco Solicitors, London – 2015 to 2020

McAllister Olivarius, London - 2014 – 2015

Thompsons Solicitors, London - 2008 - 2013

O H Parsons and Partners, London - 2002 to 2008

Recent cases:

  • Acting for a Claimant in a disability discrimination claim and bonus dispute that was settled just prior to a 10-day hearing.
  • Negotiating the severance terms for a Chief Executive in the insurance industry securing a significant ex-gratia sum as well as shares.
  • Acting for a Chief Executive Officer of a Charity following a dispute with Trustees.
  • Acting for a Senior Sales Executive secure 6 figure settlement.
  • Negotiating a settlement for a senior leader who was falsely accused of bullying and harassment.
  • Complex pension matter involving 7 figure settlement to resolve a historic failure to offer pension equivalence following a TUPE transfer.

Notable Cases:

Chrissy Chambers v  DCR – the first civil breach of confidence and misuse of private information claim brought by a claimant who had been the victim of image-based sexual abuse after her former partner uploaded videos without consent to a third party website. Involved in the case at a pre-litigation stage – identifying heads of claim, drafting pre-action protocol correspondence and locating defendant.

Toal & Anor v GB Oils Ltd UKEAT/0569/12/LA - A claim relating to the application of section 10(3) of the Employment Relations Act 1999 in the choice of a representative at a grievance hearing.  The case led to a significant amount of commentary on representation rights and resulted in amendments to the ACAS Code of Practice. 

Bowater v Northwest London Hospitals NHS Trust [2011] EWCA Civ 63 - The Claimant was a nurse who went to the aid of colleagues trying to restrain an unconscious, fitting patient. The Claimant was later alleged to have used an inappropriate restraint and to have made a lewd remark. She succeeded in her claim in the first instance.  The employer appealed successfully, but the EAT’s judgment was overturned by the Court of Appeal.

Publicis Consultants UK Ltd v O'Farrell UKEAT/0430/10/DM - This case was an unfair dismissal claim and a contractual claim for a failure to pay notice pay. On termination, the employer made an ex gratia payment equivalent to 3 months’ pay in lieu of notice. The claimant succeeded in her claims. The EAT allowed the contractual claim to proceed to a full hearing who found in her favour and offered useful guidance on the labelling of termination payments.

Sahota v Home Office and one other [2009] UKEAT 0342/09/151 - I represented the Claimant at the Tribunal and the EAT in her claim that she had been subjected to less favourable treatment as a consequence of undergoing IVF treatment.  The Claimant was unsuccessful, but the authority in English law, relying on the European case of Mayr v Backerei und Konditorei Gerhard Flocker OHG, is that women undergoing IVF treatment are only protected under section 3A of the Sex Discrimination Act 1975 if they are in the final stages of treatment. 

Practice areas

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