Richard O'Dair specialises in employment law (including professional regulation) and immigration.
Richard will appear in 2017 in a ground breaking case on the Court of Appeal on freedom of conscience in the workplace (see Pendleton v Derbys CC and another  IRLR 580 EAT). However notwithstanding his learning in the law (his early career was as an academic lawyer and writer), Richard's key skills are in the Court (Tribunal) Room. One judge saw the need to direct himself not to accept too easily the arguments of such a persuasive advocate as Richard O'Dair. Lord Justice Underhill's view is set out above. In 2016, he gave seminars on advocacy for lawyers in Rwanda and Uganda.
He is recognised by clients to be an incisive cross-examiner (one grateful client spoke of him "annihilating" the other side's witnesses). He has therefore been very effective in highly contentious whistle blowing cases.
Nonetheless, Richard's Court room skills also allow him to give invaluable advice on the state of the evidence. See the attached example: Click Here
As an employment lawyer, Richard has appeared in the Employment Tribunals, the Employment Appeal Tribunal, the High Court, the Court of Appeal and the Supreme Court. He is particularly sought after for advice on discrimination law and TUPE.
Following many successful years as an Employment specialist, Richard's passion for the rights of the outsider and the disadvantaged led him to develop an immigration practice. In that context he has regularly appeared in difficult asylum cases and Article 8/Appendix FM applications. He has recently begun to work on the difficulties facing the employees of NGO's who marry foreign nationals whilst while posted abroad.
- Employee Competition & Protection of Confidential Information
- Shareholder Disputes
- Regulatory Work
Expanded Protection for Whistleblowers – Is S.103 ERA Redundant?
Six Top Tips for Potential Whistleblowers i.e. Doctors
Anyone for Cake
Lawyer Legal Roundup
36 Care Newsletter
Appointments & Memberships
- Fellow of the Keck Centre for the Study of the Legal Professions (Stanford University 1994-1995)
- Attorney General’s Panel 2011-2014
- Member of the Employment Law Bar Association
- Member of the Employment Lawyers Association
- Member of the Discrimination Law Association
Seldon v CJW  IRLR 452 (Supreme Court – lawfulness of compulsory retirement)
Williams v University of Swansea  IRLR 885 (meaning of unfavourable treatment in S.15 of the Equality Act)
Wilton v. Timothy James Consulting  IRLR 368 (meaning of conduct related to sex in S. 26 of the Equality Act 2010
Christou v LB Haringey  QB 131 (whether double jeopardy applies in unfair dismissal law]
Coppage v Safety Net Security Ltd  IRLR 970 (CA)
Nixon v. Coates  1 Equality Law Report 10 (EAT) (whether gossip can amount to harassment)
Orr v. Milton Keynes  IRLR 341(attribution of knowledge for the purposes of S.98(4) ERA)
James v. London Borough of Greenwich  IRLR 302 (employment status of agency workers)
Dacas v. Brook Street  IRLR 317 CA (employment status of agency workers)
Pendleton v Derbyshire County Council  IRLR 580
Pendleton v Governors of Whether Misconduct of a spouse justified termination of teachers employment
HT v Governors of GS School 
Impact of use by school of confidential diary in disciplinary proceedings: whether advocates toolkit can be used to restrict cross examination of disabled witness.
RF v Governors of the N Primary School 
Impact of Human Rights Act on Unfair Dismissal Claims epecially involving the use of social media
Dr S v D NHS Trust 
NHS whistleblowing claim involving stigma damages: loss of private practice damages and hospitals liability for dismissal procured by misleading evidence to internal decision maker.
Other posts and committees
- Chairman of the Prospects Working Party on the Ethics of Employment. (2015)
- Education, Qualifications & Associations
- BA Hons Jurisprudence – Oxford 1985
- Bachelor of Civil Law Oxford 1986
- Called to the Bar 1988
- Direct Access Qualified
- Licensed to conduct litigation without a solicitor