Duncan is a Partner based in our Oxford office. Duncan specialises in employment and immigration law. He qualified as a barrister in 2001 and as a Solicitor in 2008 and worked at two large regional firms before joining Bower Bailey in 2018.
Duncan assists employers with the full range of HR related legal issues and has extensive experience of employment tribunal litigation and advocacy. His work for employers includes support with Tier 2 immigration sponsorship duties and all aspects of business immigration, including right to work issues. Duncan also prepares employment claims, immigration applications and appeals against adverse immigration decisions on behalf of individuals.
Areas of Expertise – Employment
• Redundancies and other dismissal situations, including agreed departures
• Grievances and claims alleging harassment and/or other forms of discrimination
• Restrictive covenant and other contractual disputes in the High Court
• Transfer of undertaking (TUPE) obligations
• Drafting service agreements/ employment contracts and employment policies/handbooks
Areas of Expertise – Immigration
• Tier 2 sponsor compliance, including dealing with compliance visits and licence suspensions
• Leave to remain and visa applications in all classes
• EU residence applications
• Applications to naturalise as UK citizen
• Right to work and right to rent compliance and disputes
Recent Work – Employment
• Successfully defending large Oxfordshire family business from claim of disability discrimination brought by job applicant
• Advising Italian engineering business on the reorganisation of UK business including redundancies and TUPE
• Successfully defending a higher education institution against a tribunal claim for rolled-up holiday pay under the working time directive
• Successfully defending a senior research chemist against an injunction application relating to a restrictive covenant
• Successfully appealing to the Court of Appeal on behalf of a claimant alleging victimisation under the Equality Act
• Providing a right to work helpline for a major online retail business, resolving inconclusive checks and advising on dismissals where necessary
Recent Work – Immigration
• Reinstating a Tier 2 sponsor licence for a private sector health provider following suspension by UKVI
• Regular Tier 2 applications on behalf of sponsored workers
• Leave to remain and settlement applications for Tier 1 Entrepreneurs and Investors
• Securing confirmation of permanent residence and UK citizenship for multiple EU workers and their families
• Multiple family based applications under Appendix FM of the immigration rules, using Human Rights grounds where appropriate
• Successfully appealing against a refusal of a visa for Indian spouse accused of submitting false documents
