Nicola Welchman

Videos:

Notable cases:

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:

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

Lawyer’s Biography:

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.

Testimonials

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.

Really impressed, 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.

Excellent Professional Help, Excellent Help

Monaco solicitors helped to deal with settlement agreement. Nicola provided expert professional advice and gave me realistic outcome that proved to be invaluable at a stressful time! It was great to feel that I had someone on my side. The response and contact I had was direct and fast. Would highly recommend Monaco solicitors if your an employee who needs help settling an issue with your employer. Thank You!

Diane S.

Happy with the outcome

I would highly recommend Monaco Solicitors I recently dealt with Nicola Welchman at Monaco Solicitors and the service , support and helping me through the process was greatly appreciated,achieving an outcome which I was very happy with, I will definitely be using them again.

Paul S.

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