Rosa undertook a predominantly civil pupillage under Ed Beever and as such had plentiful experience of employment law during her professional training. Rosa has maintained this emphasis on employment law, and has steadily built a busy tribunal practice. She is equally as comfortable representing claimants or respondents.
Rosa has commercial law experience of all stages of proceedings, including advice, pleadings, drafting part 18 requests, interim hearings (such as applications to vary pleadings, summary judgment/strike out), trials and costs only hearings.
Qualifications and Appointments:
Deputy District Judge (Civil)
Treasury Counsel (2009)
BA Jurisprudence (1st Class), Trinity College (Oxford)
BVC, Nottingham Law School (Very Competent)
Employment Law Association
Employment Law Bar Association
Midland Commercial and Chancery Bar Association
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Rosa has a very busy tribunal practice, and is equally as comfortable representing claimants or respondents. She has appeared numerous times in the EAT for both appellants and respondents.
Rosa has experience of the full range of employment claims, including unfair dismissal, constructive dismissal, sex, race and disability discrimination, whistleblowing and TUPE. She is confident dealing with high value claims, and has appeared in statutory cap cases in the tribunal.
Rosa has experience of wrongful dismissal claims in the county court, and given her practice also includes commercial work, she is excellent at tailoring cases to the particular requirements of a county court.
Rosa is instructed in employment disputes at every stage of the proceedings, and is regularly involved in drafting initial advices in respect of prospects, drafting grounds of complaint/resistance, preliminary hearings and trials.
Rosa is secretary of the St Philips Employment Law Practice Group, and is on the panel of contributors to Daniel Barnett’s employment law updates.
Rosa undertakes pro bono work: she is on the Bar Pro Bono Unit’s panel of volunteers, and assists with the BEAC pro bono employment clinics held on Thursday evenings at the Birmingham College of Law.
- Rosa recently successfully appealed a tribunal decision as to the appropriate test for causation in a claim under s47B Employment Rights Act.
- Rosa recently represented a claimant in a seven day whistle -blowing case in relation to a town clerk who was allegedly dismissed for raising issues of health and safety.
- Rosa successfully defended the DVSA in a claim for unfair dismissal and failure to make reasonable adjustments by a driving examiner who had failed his refresher training and alleged this was because it was carried out in a discriminatory manner.
- Rosa successfully defended a claim against a public body for unfair dismissal and disability discrimination where an employee with persistent short term absence (owing to an underlying disability) was dismissed for ill health capability, notwithstanding that the employer had miscalculated the number of sick days by approximately 100 days.
- Rosa has recently advised in relation to a public sector restructuring exercise which allegedly resulted in some workers’ duties being changed, leading to claims of constructive dismissal.
- Rosa successfully represented a respondent in an unfair dismissal case who had dismissed an employee for throwing a box at their line manager.
- Rosa represented a disabled claimant (suffering from multiple sclerosis) in a claim for disability discrimination and unfair dismissal in relation to his dismissal while on sick leave.
Rosa represents both claimants and respondents in this field of work.
Rosa has been instructed in a significant number of discrimination claims, including sex discrimination, race discrimination, disability discrimination and age discrimination. Examples include advising a claimant with aspergers syndrome in relation to an alleged failure to make reasonable adjustments, advising a respondent domestic care provider in relation to a requirement that applicants for a carer vacancy be female, and representing a race equality body in a claim against them for race and sex discrimination in respect of alleged comments made to the claimant.
Rosa has a wealth of experience of pregnancy and maternity claims, including failure to offer the claimant her job back following maternity leave, and failure to undertake an assessment as to the risk to the health and safety of a pregnant employee+ Add to Brochure