Nicola Welchman

About Nicola Welchman

I am an employment rights specialist. Throughout my career I have represented employees in workplace disputes. In the early part of my career, I was part of a legal team that helped establish workers’ rights to holiday pay in the construction industry with cases in the Employment Tribunal, Employment Appeal Tribunal, Court of Appeal, petitioning the House of Lords and also in the European Courts of Justice. In the same year as being nominated for Employment Law Team of the Year for the work on holiday pay, I represented over 700 catering workers who had been dismissed by Gate Gourmet.

Over the years, I have represented clients across many sectors, from financial services, universities to civil aviation and transport. I acted for journalists in high profile claims against national newspapers and for pilots in sex discrimination claims. I understand the dynamics of public sectors employment and unionised workplaces.

Nowadays, my preference is to resolve disputes amicably and I draw daily on my extensive experience of employment tribunal litigation. I pride myself on a sympathetic ear and understanding of my client’s needs during negotiations. I will always doggedly represent my client’s interests in settlement discussions and beyond. I have an expert knowledge in the intricacies of employment law and I have a particular interest in discrimination claims and I often represent women who are pregnant or on maternity leave.

I aim to quickly build a rapport with my clients, understand their predicament and workplace context and I aim to negotiate and facilitate settlement. If settlement is not possible, I am an experienced litigator and will represent my clients in litigation in a wide variety of tribunal and civil claims.

I frequently advise on unfair dismissal, discrimination and whistleblowing claims. I am accustomed to advising on issues such as time-limits, associative discrimination, vicarious liability and bullying and harassment.

I have significant experience in collective claims, including protective awards, and have acted in many multi-party actions. I am often called to advise multiple individuals in collective redundancies and employee shareholder schemes.

I am accustomed to advising on a wide range of contractual matters including issues relating to share options and the contractual effect of historical redundancy policies.

Notable cases/Key achievements

• Toal & Anor v GB Oils Ltd UKEAT/0569/12/LA: A claim relating to the application of section 10(3) of the Employment Relations Act 1999 in the choice of a representative at a grievance hearing. The case has led to a significant amount of commentary on representation rights and resulted in amendments to the ACAS Code of Practice.
• Bowater v Northwest London Hospitals NHS Trust [2011] EWCA Civ 63: The Claimant was a nurse who went to the aid of colleagues trying to restrain an unconscious, fitting patient. The Claimant was later alleged to have used an inappropriate restraint and made a lewd remark. She succeeded in her claim at first instance. The employer appealed successfully, but the EAT’s judgment was overturned by the Court of Appeal.
• Publicis Consultants UK Ltd v O’Farrell UKEAT/0430/10/DM: This case was an unfair dismissal claim and a contractual claim for a failure to pay notice pay. On termination the employer made an ex gratia payment equivalent to 3 months pay in lieu of notice. The claimant succeeded in her claims. The EAT allowed the contractual claim to proceed to a full hearing who found in her favour and offered useful guidance on the labelling of termination payments.
• Sahota v Home Office and one other [2009] UKEAT 0342/09/151: I represented the Claimant at the Tribunal and the EAT in her claim that she had been subjected to less favourable treatment as a consequence of undergoing IVF Treatment. The Claimant was unsuccessful but the authority in English law, relying on the European case of Mayr v Backerei und Konditorei Gerhard Flocker OHG, is that women undergoing IVF treatment are only protected under section 3A of the Sex Discrimination Act 1975 if they are in the final stages of treatment.

Career history

• Monaco Solicitors: Senior Associate Solicitor, September 2015 – Present
• McAllister Olivarius: Senior Associate, August 2014 – August 2015
• Thompsons Solicitors: Executive, September 2008 – December 2013
• O H Parsons and Partners: Assistant Solicitor, June 2004 – August 2008
• O H Parsons and Partners: Trainee Solicitor, 2002 – 2004
• O H Parsons and Partners: Paralegal, June 2000 – 2002

More about Nicola Welchman

What our clients say…

"Fantastic Employment advice"

If anyone needs specialist advice is THE firm to go to. Nicola Welchman was my solicitor, and she was fantastic. She provided me with prompt service, clear concise advice, and supported me every step of the way on a matter which was very stressful and upsetting. Would highly recommend.

Usha N.

"Nicola gave me really helpful insights"

I was provided a fantastic professional service, delivered quickly to meet deadlines. I was really impressed with the honest easy to understand advise that I was provided. Nicola gave me really helpful insights about how to approach my situation within our first phone call and at no cost. Thank you!

Dan W.

"She is exceptional in her field"

Nicola went above and beyond to provide expert advice for me. She is exceptional in her field, and at the same time is very personable, accessible, friendly and really takes the time to make you feel at ease. I would not hesitate to highly recommend Nicola and Monaco Solicitors to anyone. Thank you again, Nicola.

Jessica

"Strong experience of representing employees"

I found being represented by Nicola Welchman an empowering experience and so I would certainly recommend her as an excellent employment solicitor. Prior to meeting Nicola I had little knowledge of my own legal rights in the workplace and was going through a particularly difficult time. However, from the initial consultation through to a successful outcome she went out of her way to explain the process, answer questions and help me prepare for each stage. Whilst working with Nicola it was clear to see that she has strong experience of representing employees, a breadth of legal knowledge and most importantly a passion for helping her clients to achieve positive results.

Mr. P

"Clear, informed, expert advice"

I required urgent advice on a complicated redundancy matter. I sent the details to Monaco Solicitors and had a call back from Nicola Welchman within 30 mins. She quickly worked out the key legal issues and was able to provide clear, informed, expert advice on the options available to me driven by a genuine interest in the case. I cannot recommend Monaco Solicitors highly enough for all matters relating to employment law.

John W.

"I was left with confidence that she would get me the best deal and she definitely has"

I am so pleased I used Monaco Solicitors. Nicola was great to deal with from the start I was left with confidence that she would get me the best deal and she definitely has. Together we increased an exgratia payment by an astonishing factor of 1.5. Then above and beyond Nicola made sure my fees were tax efficient. I should end it here but I will rant on a bit more with a hope it helps you with your decision at this stressful moment. I didn't know Monaco solicitors before this encounter so I did call around to four other companies before selecting Monaco and I asked the same questions 1) is the offer fair 2) should I ask for more. The answers I got elsewhere were 1) Yes 2) our hourly rate is xxx if you want to ask for more from your employer you will be charged between 6 hours and 10 hours depending on the work requested. They then asked my details so they could run "conflict of interest" check. At the end of my research, it just felt that the competitors were only interested in a basic fee and that our interests were not aligned. So I activated Nicola at Monaco and the fee charged was appropriate to the end result and as it turned out 1) the offer wasn't fair 2) yes I should ask for more. If you got this far thanks for reading I hope your encounter with Monaco Solicitors is as good as mine was. wishing you all the best.

Simon