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Keith Webster

Keith Webster is considered a tenacious advocate, providing clients with clear, no-nonsense commercial advice on the strengths and weaknesses of their case. He provides clients with full explanations of legal options, risks, and prospects of success, and they appreciate his calm guidance and representation throughout the dispute process. He has extensive experience of advising and representing employers and employees in matters of Employment and Discrimination Law, in addition to the areas of cross-over between Employment law and Corporate Law which can arise for minority shareholders & directors.

 

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Keith Webster

Keith's Experience

Called in 2006

Specialist sectors

  • Private Sector
  • Health Services
  • Professional Services

 

Barristers in England and Wales are regulated by the Bar Standards Board

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Employment Law

Keith specialises in matters that involve:

  • Unfair Dismissal – including unfair redundancy and constructive dismissal claims;

  • Discrimination – Direct, Indirect, Discrimination Arising from disability and Failures to make Reasonable Adjustments.

  • Whistleblowing – suffering detriments due to having made Public Interest Disclosures

  • Restrictive Covenants

  • Director’s duties, Shareholders’ Agreements, Removal of directors.

  • Asserting the rights of Minority Shareholder/Directors and Senior Executives.

His knowledge of management and workplace practices gives him an edge in getting to the heart of employment law matters. Highlights include:

  • Account Director - Saatchi & Saatchi Advertising.

  • Co-founder and Joint Managing Director – Sutch Webster Direct. The UK’s No.5 Direct Marketing agency in 1993 – working for Virgin Atlantic, Natwest, RAC and Fedex;

  • Subsidiary Commercial Director – Great Universal Stores PLC – Managing budgets of £25m and staff of over 1200 in the UK and Ireland;

Case Profile
  • A v H - Disability Discrimination [Dyslexia and ADHD], Unfair Dismissal. For the CEO of a charity.
  • ‍J v A - Unfair Dismissal, Detriment due to whistle-blowing, Unfair dismissal, Unlawful deductions from wages. For the CEO of an international, venture capital backed, company after his dismissal following a disclosure of misleading shareholders.

  • Phillips v Thelma Madine - For the Respondent in the ‘My Big Fat Gypsy Wedding’ Unfair Dismissal Case. Instructions in relation to remedy only. Minimised remedy ordered to less than 10% of the schedule of loss following a 3 hour forensic cross examination of the Claimant in respect of her business finances following complex applications for specific disclosure of financial records and detailed preparation with a forensic accountant.

  • D v A - Complex whistleblowing claim involving allegations of corrupt tendering practices in international energy contracts.

  • Office Equipment Systems Ltd v Hughes [2018] EWCA Civ 1842 - Court of Appeal - against a first instance decision upheld by the EAT debarring a Respondent from making submissions on remedy following a default judgment. Led by David Reade KC
Privacy Policy

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, Keith Webster, 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: keith.webster@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/

Latest articles from Keith

Vicarious Liability for Employers: Guidance from the Supreme Court (Webinar)

In this webinar, specialist employment barristers Keith Webster and Christopher Moore dive into the Supreme Court's guidance on vicarious liability. Drawing upon the Supreme ...
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