Building a rapport with clients is crucial. A clear understanding of their predicament helps me strategise. Also, gaining a thorough picture of the workplace context enables me to negotiate and facilitate settlement.
Maternity and Parental Rights
Employment Tribunal and Civil Litigation
Monaco Solicitors: Senior Associate Solicitor, 2015 – Present
McAllister Olivarius: Senior Associate Solicitor, July 2014 – August 2015
Thompsons Solicitors: Executive Solicitor, September 2008 – December 2013
O H Parsons and Partners: Assistant Solicitor, Trainee and Paralegal, June 2002 – August 2008
About Nicola Welchman
I am an employment rights specialist. Throughout my career I have represented employees in workplace disputes. Over the years, I have represented clients across many sectors from financial services, technology, universities to civil aviation and the media. I understand the dynamics of public sector employment and unionised workplaces. My current client base is broad and many clients come to me through referrals from previous clients and, in some cases, my opponents. I regularly act for Senior Executives leaving employment in insurance, technology and financial services. I offer advice on negotiation strategy, post-termination restrictions and executive compensation as well as undertaking the negotiation and conducting litigation.
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.
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 am tenacious and will 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 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 accustomed to advising on a wide range of contractual matters including issues relating to share options and the contractual effect of historical redundancy policies.
Acting for a Claimant in a multi-million pound bonus dispute
Acting for Chief Executive Officer of a Charity following a dispute with Trustees;
Acting for Senior Sales Executive secure 6 figure settlement
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  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  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.