Chris has received over 150+ instructions in employment law to date. Chris is fully flexible on location across England. He has forensic attention to detail and a clam and reassuring approach to litigation that helps secure client objectives. He is a regular contributor on LinkedIn with comment and analysis on key EAT and Court of Appeal cases.

Chris can assist with:

• Unfair, constructive and wrongful dismissal
• All forms of discrimination, harassment, victimisation, adjustments cases
• TUPE (including working in partnership with solicitors to ensure TUPE transfers are actioned correctly)
• Unlawful deduction of wages and breach of contract
• Complex holiday pay claims (Agnew; Harpur Trust)
• Employment status including limb (b) workers
• Trade union detriment
• Whistleblowing
• Protective awards
• Preliminary, deposit, strike out and costs hearings
• Mediation and negotiation
• Settlement agreements

Highlights

• Appeared in the Court of Appeal (unled) appealing tribunal judgment that insurance agents for large agricultural insurer were not employees for the purposes of a discrimination claim.
• £215,000 settlement negotiated in adjustments case – claimant returned to work after heart attack and was living with hypoxic brain injury.
• Secured one of the largest settlement awards in a McCloud age discrimination case (civil service pensions)
• Successfully defended 15 applications to extend time for holiday pay claim including cross-examining 8 claimants in one day
• Secured 95% of Schedule of Loss in unlawful deduction claim in case where claimant was paid statutory sick pay only during disciplinary investigation – contract was silent on contractual entitlement.
• Secured £16,000 ‘at the door of the tribunal’ in Agnew holiday pay case. The case had been referred to check it was suitable for withdrawal. A pattern was detected in the payslips that meant an Agnew claim could be successful.

Chris has a flair for business-related disputes. He combines excellent legal knowledge with 15 years in industry before studying law and understands the key drivers, concerns, and objectives of business clients. Chris brings a wealth of business experience to his practice having worked in industrial recruitment and managed his own company in the private education sector.

Chris can assist with:

• Contractual disputes (agreement, breach, misrepresentation, frustration etc.)
• Director and shareholder disputes
• Unlawful detention of goods
• Torts
• Professional negligence
• Commercial disputes and litigation
• Commercial mediation
• Commercial judicial review (Chris has a keen interest in procurement JR)
• Employment disputes outside of tribunal system e.g. restrictive covenants.

Highlights

• Successfully negotiated the return of £180,000 worth of stock being detained by subcontractor alleging non-payment. Avoided counterclaim and High Court proceedings.
• Represented subcontractor in contractual dispute valued at £866,000. My client started work based on Letter of Intent and main contractor terminated agreement and refused to pay. Dispute involved ascertaining if contract existed between the parties and/or whether quantum meruit should be paid. Matter resolved before hearing set down.
• High Court proceedings involving non-payment of enhanced redundancy package by large multinational network solutions company. Argued that enhanced payment was implied by custom and practice.

Chris has a busy personal injury practice related or overlapping with his employment law practice.

Chris can assist with:

• Employer’s liability claims
• Stress at work
• Bullying and harassment
• Health and safety
• Occupiers’ liability

Highlights

• Assisted claimant in interesting case where employee developed Takotsubo Cardiomyopathy (‘broken heart syndrome’) after a stressful encounter with managers after prolonged period of bullying and harassment.
• Successful settlement of dispute as to who was ‘occupier’ of car park subject to extensive renovation works.

• Employment Lawyers Association
• Employment Lawyers Group - Committee Member

1. This is a privacy notice that describes how, why and for how long I will process or keep your personal data in accordance with the General Data Protection Regulation (‘GDPR’).
2. The GDPR governs how an individual’s personal data is used, and your rights in relation to that data.
3.  I, Chris Mallon, have been instructed by you or your litigation friend (usually a parent), through your solicitor or agent, or via the Bar Pro Bono Unit.
4.  It is necessary for me to process your personal data in order for me to provide you with legal services, for example:

• Advise on the prospects of litigation;
• Advise on the value of your claim;
• Representation at a court hearing;
• Representation at trial;
• Advise, review or comment on legal issues or evidence.

5. Processing means anything done to data such as: recording, organising, adapting, altering, copying, consulting, transmitting, combining, erasing or storing it.

6.The processing for the purposes listed above will take place in accordance with either Article 6(1)(a) GDPR or Article 6(1)(b) GDPR, depending on how you instructed me.

7. If you have instructed me on a direct access basis, or engaged a solicitor (or legal agent), to assist you in bringing or defending a claim then the processing is necessary to perform a contract to which you are a party (Article 6(1)(b) GDPR). To give effect to that contract (i.e. to bring a claim) it is necessary for me to process your personal data for litigation purposes.

8. If I am assisting you on a pro bono basis, it will be necessary for me to seek your consent to be able to represent you (Article 6(1)(a) GDPR). In this scenario, you will be sent a consent form.

Recipients of your data

9.  I may also be required to share your data with others, depending on the nature of your case. This may include:

(i)  Courts and other tribunals to whom documents are presented;

(ii) Your solicitors, or agent representing you, through whom I have been instructed;

(iii) Potential witnesses, experts and other persons involved in the case;

(iv) Solicitors, barristers, or other legal representatives;

(v) Ombudsman and regulatory authorities;

(vi) Education and examining bodies; and

(vii) Current, past or prospective employers.

Special Categories of Data

10.  In some cases I will have been given your personal data that is within the ‘special categories’ of data described in GDPR Article 9(1). For example, personal data that reveals your race, ethnicity, sexual preferences, political or religious beliefs, trade union membership or health. There are also restrictions for processing information regarding criminal convictions.

11. This type of personal data will only be processed where it is necessary in order to represent you in your legal claim, or advise on the prospects of a legal claim.

Retention

12. I will retain your personal data for no longer than is necessary, and where it is possible, I will anonymise your data.

13. How long your personal data is kept will depend on a number of factors. The retention period will be reviewed when the service I am providing you with is complete. However in general, I am obliged by the Bar Code of Conduct to retain records of my cases, and by HM Revenue and Customs to retain records for 6 years.

14. Once your case has concluded and fees have been paid, I shall retain only the personal data necessary for the following purposes:

(i) The legal and professional obligation to retain information relating to my cases;

(ii) To check for any potential conflict of interests that may arise in the future when I am instructed on other cases;

(iii) For use in the defence of potential complaints, legal proceedings or fee disputes;

(iv) To refer back to in future cases which raise similar legal, factual, or procedural issues.

15. The processing for the purposes listed in paragraph 14 (ii), (iii), and (iv) above, will take place in accordance with Article 6(1)(f) GDPR. That is, for the purposes of legitimate interests that are not outweighed by your interests or fundamental rights and freedoms.

16. The processing for the purposes listed in paragraph 14(i) above, will take place in accordance with Article 6(1)(c) GDPR. That is, the processing is necessary for me to comply with a legal obligation. 

Your Rights

17. Where processing of your personal data was based on your consent (see paragraphs 6 and 8) you have the right to withdraw that consent at any time. This does not affect the lawfulness of the processing based on consent before its withdrawal.

18. Withdrawal of your consent to process such data will most likely mean that I am no longer able to provide you with the legal services you seek.

19. You may request confirmation that your personal data is being processed by me and details about the personal data, the source, the processing, the purposes of the processing, the recipients and the retention period.

20. You may request a copy of your personal data that is being processed by me. You may also request rectification (i.e. correction) where there are inaccuracies in the personal data.

21. You have the right to object, on grounds relating to your particular situation, at any time, to processing of your personal data in paragraph 14 of this privacy notice. Should you object, the processing will only continue where there are compelling legitimate grounds for the processing which override your fundamental rights, freedoms and interests. 

22. Where the processing or retention of your data is necessary for the establishment, exercise or defence of legal claims, it will not be possible to object. 

23. You have the right to request that your personal data is erased where any of the following apply:

(i) The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;

(ii) You withdraw your consent where the basis of processing was based on consent and where there is no other ground for the processing;

(iii) Where your fundamental rights, freedoms and interests override the legitimate interests of processing in paragraph 14;

(iv) The personal data has been unlawfully processed; or

(v) The personal data have to be erased to comply with a legal obligation.

24. You have the right to request that your personal data is restricted from processing, so that it is simply stored, for the following reasons: as an alternative to deletion; so that it can be corrected; for the establishment, exercise or defence of legal claims; to verify if a legitimate ground exists (paragraph 14).

25. Where it is necessary to correct your personal data, or you have requested the restriction or erasure of your personal data, I shall endeavour to contact the recipients of the personal data, unless this involves disproportionate effort. 

Security

26. I take appropriate physical and technical procedures to safeguard your personal data to prevent it from being accidentally lost, used or accessed in an unauthorised way. 

Complaints or Queries

27. If you have any questions regarding this privacy notice, or how I use your personal data please email me: mailto: chris.mallon@tbgbarrister.co.uk, or my clerks: clerking@thebarristergroup.co.uk telephone 01823 247 247.

28. I shall aim to respond as soon as possible, and within 30 days.

29. You have the right to complain to the Information Commissioner's Office (ICO) if you believe I have not handled your request in an appropriate manner. For information on contacting the ICO please go to: https://ico.org.uk/global/contact-us/