Haresh Sood

Teaching Regulation Agency (TRA)

As a qualified teacher, Haresh has advised many teachers facing investigations/referrals to the TRA. He is very familiar with the rules and procedures involved and all other associated matters that come with these types of cases, including but not limited to DBS referrals, LADO reports and police investigations. He is also well versed with associated employment matters that arise and issues concerning lack of support from the unions.

Medical Practitioners Tribunal Service (MPTS)

Haresh has advised doctors at all levels and other medical professionals and has represented them during the various hearing stages at the MPTS. He fully understands the sensitive nature of these proceedings, especially when one’s professional career is at stake. Over the years, he has dealt with a plethora of legal issues including, but not limited to integrity, misconduct, breaches in practice and many more.

Employment and Pensions

Haresh's experiences are drawn from his time employed within the education sector, and his professional experiences having dealt with many types of industries outside of the education sector with clients from all over the world, employed under U.K. contracts.

He is experienced in settlement negotiations and agreements. He has represented Claimants and Respondents in complex sex, race, gender, and religious discrimination claims (amongst other protected characteristics). Often these are coupled with issues of whistleblowing, victimisation, and harassment. Haresh has extensive experience in dealing with tampering allegations and using specialist expert evidence to present these allegations in the Employment Tribunal.

Haresh has a special interest in the grievance and disciplinary stages of employment, having experienced many situations where they are flawed leading to regulatory referrals. He has further advised clients once judgements have come out concerning reconsiderations including recusal applications if there appears to be some form of bias. He has also advised up to the Employment Appeal Tribunal & Court of Appeal. He can draft ET1/ET3, acknowledgment of service, amendment applications, cost applications/responses, grounds for the notice of appeal or rule 3.10 applications, HR policies and more.

Haresh has experience in dealing with solicitor and client costs disputes which can arise from various situations, including but not limited to, overbilling.

In such circumstances it is crucial to analyse the time ledger and retainer very carefully. He has dealt with cost disputes concerning legal expense insurance and cost orders in the Civil courts and employment tribunals leading to the Senior Courts Costs office.

Film

Haresh is also a documentary filmmaker with a background in journalism. He has advised independent filmmakers on many legal issues such as, consent, copyright and more, and held webinars on the same topics.

Having worked in media since 1994, he has also advised musicians and actors from various industries, including the adult industry, on legal matters such as contractual disputes with agents or the sale of their services.

Defamation

Haresh has advised and represented clients up to the High Court in complex cases involving defamation, concerning online broadcasts, social media statements and more.

Haresh has extensive experience in the education sector as he is a fully qualified modern foreign languages teacher and taught in secondary schools, including A-level institutions and on university courses and carried out exam marking.

During his time as a teacher/lecturer, Haresh experienced many legal matters around him, including (but not limited to) parental orders, MASH referrals, discrimination of students/pupils, LADO referrals, parent complaints / appeals. He has further advised students at university on internal appeals and those to the OIAHE. He often deals with EHCP complaints to the First tier SEND Tribunal (Special Educational Needs and Disability.

Haresh is a keen advocate of ensuring children’s right to education is accessible and all children are safeguarded in the institutions they learn in, against inequality, bullying and more.

Having qualified and worked as a modern foreign languages’ teacher, Haresh can offer spoken languages of Spanish, Hindi & Punjabi.

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, Haresh Sood, 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: haresh.sood@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/