Shyam Thakerar

Shyam regularly appears for both claimants and respondents in the Employment Tribunal in cases concerning unfair dismissal, discrimination, whistleblowing, redundancy, TUPE transfers and the Agency Workers Regulations. Shyam has appeared as sole advocate in multi-day trials, contentious preliminary hearings and judicial mediations.

Some of his notable cases include:

5-day trial concerning whistleblowing in respect of the treatment of asylum seekers. Shyam acted on behalf of the successful Respondent in defending all claims.

Successfully acting on behalf of a teacher in her claim against the school’s governing body for unfair dismissal and disability discrimination. After a 5-day hearing and a separate remedies hearing, the claimant was awarded approximately £78,000.

Conducting a settlement agreement for the claimant on Day 2 of a 6-day trial concerning claims for unfair dismissal, pregnancy/maternity discrimination and harassment.

Acting on behalf of the successful claimant in a 2-day unfair dismissal claim against Asda Stores Ltd.

Acting on behalf of the successful claimant in a 2-day pregnancy discrimination claim.

Acting on behalf of the respondent (a major manufacturer) in a 5-day claim for automatic unfair dismissal.

Acting on behalf of a local authority in successfully securing deposit orders against a member of staff for claims of race discrimination, statutory redundancy pay and victimisation.

Shyam has assisted numerous businesses and individuals with contractual, data protection, shareholding and insolvency issues. He has provided advice and has appeared in the High Court and County Court dealing with such matters since his second-six. Examples include:

Appearing in the High Court concerning a breach of director’s duties;

Assisting in the pre-action stage in a matter concerning preferential payments to creditors;

Advising on setting aside a transaction at undervalue in insolvency proceedings;

Advising a local authority on its position should a major services provider they contract with become insolvent; and

Appearing in a 2-day trial concerning unpaid commission

Cases include:

Sotheby’s v Mark Weiss and others [2018] EWHC 3179 (Comm) (led by Richard Wilson KC) Interlocutory hearing to determine whether the First Defendant was entitled to inspect documents between the Claimant and its experts following a determination by the Claimant that a painting sold to them by the First and Second Defendants was counterfeit. The High Court held that the Claimant could not withhold documents on the grounds of litigation privilege as it could not show that the dominant purpose of the correspondence was its use in contemplated litigation.

Sotheby’s v Mark Weiss and others [2019] EWHC 3416 (Comm) (led by Richard Wilson KC) The Claimant auction house claimed reimbursement of the purchase price of a painting from both defendants. The painting had been sold by the Claimant on behalf of the defendants for $11,287,500. Following concerns over the authenticity of the painting, the Claimant determined that the painting was counterfeit and reimbursed the purchaser. Shyam appeared as junior counsel in the two-week Commercial Court trial for the Second Defendant.

Unilever PLC & Unilever NV v Quality Foods (London) Limited (ChD, IPEC, 4 March 2019) Shyam appeared in the Intellectual and Property Enterprise Court on behalf of the Defendant/Applicant, successfully setting aside default judgment entered against it.