Mr. T. D. N. Kenward

Areas of Practice

Employment law primarily, but other areas of work undertaken, including civil litigation and local government work.

Relevant Experience

The greater part of Tim Kenward's practice now involves employment law work. In particular, he is regularly instructed by local authorities (including Fire Service and Police Authority employment cases) and on behalf of various institutions of higher education and the Governing Bodies of various schools.

Outside of public sector employment work, Tim Kenward has been instructed by numerous private firms of Solicitors in employment cases for Claimants and Respondents alike, and also by the Commission of Racial Equality. Prior to qualifying for the Bar, Tim Kenward did employment law work for the Free Representation Unit. He also has a broad background in Jcommon law and criminal law work.

In addition to Tribunal work, including frequent Employment Appeal Tribunal proceedings, Tim Kenward has appeared regularly in the Court of Appeal and High Court as well as the County Courts and Magistrates' Courts. He also has experience of judicial review proceedings and public/local enquiries.

Tim Kenward's employment law experience has been more or less across the entire spectrum of employment cases, but particularly unfair dismissal, wages claims, pensions cases, breach of contract, redundancy, transfer of undertakings, trade union law and equal opportunities (including discrimination, victimisation, equal pay and maternity rights).

Tim Kenward has also appeared in a number of representative and group actions, including Employment Tribunal proceedings brought by approximately 2,000 employees arising out of the termination of Self Financing Lead-in Payments, and later proceedings brought by a similar number of employees contesting changes in terms and conditions introduced through dismissal and re-engagement. He was also involved in defending Employment Tribunal applications brought by approximately 200 Council employees arising out of the termination of pay protection in order to achieve budget savings of approximately £1 million per annum. He continues to be involved in defending equal pay claims brought by part-time employees seeking back-dated membership of the Local Government Pension Scheme. Recent cases also include acting for a private catering contractor in defending claims for protective awards brought by approximately 500 school dinner ladies in Humberside, and defending Transfer of Undertakings claims brought by Channel Tunnel security staff against the incoming contractor, Securiplan PLC. He has also been involved in a number of separate cases (including various E.A.T. Appeals) relating to the extent of any discretion as to salary safeguarding for teachers under statutory provisions for school teachers' pay and conditions.

Tim Kenward regularly does advisory work (in writing and in conference) and drafting work (pleadings and otherwise) as well. Recent issues upon which he has advised have included the legal status of agency workers, the legality of strike action by social workers and firemen, transfers to Housing Associations and the use of fixed term contracts of employment for senior management. This is obviously in addition to advising in respect of actual or possible claims by individual employees.

Outside employment law work, Tim Kenward also advises in other areas of local government work such as education law (recent examples including advising on issues such as whether sex education policies contravene Local Government Act 1988 s.28 and the legality of school selection policies, as well as being instructed on behalf of insurers to appear at independent appeal hearings as to the exclusion of pupils).

Tim Kenward also writes and has lectured on employment law and Human Rights law and is a regular contributor to employment law and human resources publications, as well as being a member of the Editorial Advisory Board of "Workplace Diversity and Discrimination" and "Employment Law Questions and Answers" and the consulting editor of the Croner-i HR Case Law library. He also acts as the Honorary Legal Adviser to the Liverpool and District Cricket Competition (ECB Premier League) and still plays cricket on Sundays (and squash in the winter).