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, Augus 2014 – August 2015
Thompsons Solicitors: Head of
Employment Law, 2007 – 2011
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
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  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.