Benjamin is an outcomes orientated advocate with rights of audience in all Courts and Tribunals in England & Wales and Nigeria. His approach to litigation is clear, concise, informed and free of legalise. He aims to identify the key issues at an early stage and works collaboratively his clients to achieve the desired outcome. He has experience of dealing with cases in the public domain and handling of sensitive issues.
In the area of Employment Labour and Industrial Law, Benjamin acts for both employers and employees in every area of labour law - breach of contract, restrictive covenants, wrongful dismissal, whistle-blowing, and trade union and industrial disputes. He also has an interest in the law relating to injuries sustained at work, and claims arising out of work-related stress.
Benjamin has experience in Commercial Litigation matters including but not limited to disputes involving commercial contracts dealing with matters such as agency relationships, business sale agreements, franchise agreements, insurance policies, joint venture agreements, sale of goods, supply of goods and services, share sale agreements and other business to business relationships giving rise to liabilities in contract or tort.
As a natural extension of his experience and expertise in commercial and labour law, Benjamin is very well placed to handle professional regulatory matters in a variety of contexts. In this regard he has extensive experience of acting on behalf of a wide range of National Health Providers as well as medical professionals.
In over 25 years at the Bar of England & Wales, Ben has been involved in many complex and legally challenging cases including but not limited to the following –
Groves v Moorfields Eye Hospital NHS Foundation Trust , Benjamin was instructed by the Respondent, against a serial litigant who alleged that closing a vacancy once sufficient applications was received, amounted to unlawful discrimination on grounds of his disability which allegedly made it difficult for him comply with the closing deadline.
Bampoe v Tower Hamlets Primary Care Trust  represented a senior NHS executive in a four weeks equality rights and race discrimination claim, against a leading silk.
Tower Hamlets Primary Care Trust v Ugiagbe  UKEAT 0068_09_1305 appeal on grounds of failure to explain why inferences of discrimination could be drawn from facts found proved. The PCT was represented by a leading silk.
Stewart v BTP  ET, Benjamin represented the Police over 5weeks in a complex multi-discrimination claim (35 substantive claims of sex, sexual orientation and disability discrimination and ‘protected disclosure’) by a serving Police Sergeant. Given the issues involved and high profile nature of those involved, the case attracted national media coverage, and was heard over 5 weeks in the Employment Tribunal, and on appeal to the EAT
OCS v Jones  EAT, Benjamin represented the Appellant employer in one of the first Service Provision Change cases (under TUPE Regulations 2006) to reach the EAT. The case is authority for the proposition that whilst there is no legal requirement under the service provision change for the activity to retain its identity post-transfer, that this element is implicit in the concept. It also illustrates the importance of well-drafted exit provisions in the services agreement.
Lodwick v London Borough of Southwark (2004) ICR 884 CA, Times Law Report 09/04/04. Benjamin represented the Respondent from the employment tribunal to the Court of Appeal. This case is widely reported authority for the proposition that where bias is alleged; an appeal tribunal was obliged, first, to test the tribunal’s decision as to recusal by considering whether the fair-minded and informed observer, having considered the facts, would conclude that there was a real possibility that the tribunal was biased, but also to consider the proceedings as a whole and decide whether a perception of bias had arisen; the chairman, as the legally qualified and presiding member of a tribunal of three, had an important position and any apparent bias on his part would not be nullified by the presence of two lay members who might outvote him
London Borough of Southwark v Bartholomew (2004) ICR 358 EAT Review of tribunal’s decision – authority for the proposition that it was impermissible for an employment tribunal to record that it was unusual for a party not to attend a hearing and yet not take any steps to find out whether there had been an oversight, particularly where contact details were stated on a document before them; that, even if, having done so, there was no attendance by the party concerned , the tribunal might deal with liability, and possibly compensation, but it was wholly inappropriate to make a reinstatement order without proper consideration of the matters contemplated by section 116 of the Employment Rights Act 1996, including whether it would be just to order reinstatement where the applicant might have caused or contributed to some extent to his dismissal
Frewin v Royal Mail Group Plc (2003) EAT Capability Dismissal – is causation relevant to the issue of fairness in capability dismissals? – In this case, the EAT clarifies the tension between conflicting authorities: London Fire & Civil Defence Authority v Betty (1994) IRLR 384 and Edwards v Governors of Hanson School (2001) IRLR 733
Plc v Burkett (2003) CA Reasonable Investigation – authority for the proposition that tribunals, when deciding whether an employer had reasonable grounds for its belief in misconduct, must set out and analyse the facts as found by the employer at the time of the dismissal (assuming the employer undertook a reasonable investigation) and that it is an error of law to set out facts as found by the tribunal, unless a clear distinction is drawn between what the tribunal decides occurred, and what the tribunal decides the employer thought occurred.
London Underground Ltd v Praful Shah (2001) EAT – LTL 20/08/2001 Compensatory Award for Unfair dismissal – Benjamin represented the appellant employer in the case. The case is authority for the position that an employer’s conduct is irrelevant when assessing compensatory award for unfair dismissal
Dr A Reza v General Medical Council (1998) EAT -LTL 19/05/98; on Inference – in this case Benjamin acted for the Applicant. The case is authority for the proposition that in the absence of explanation from the GMC’s Professional Conduct Committee on primary facts of discrimination, Employment Tribunal is entitled to conclude that decision was not on racial grounds because discovery of similar cases from disclosed documents overcame Committee’s lack of reason.
John Cornelius v London Borough of Southwark (1998) EWCA Civ 225;on Contract – Benjamin acting for the local authority in a case that established the position that a teacher’s dismissal is sustainable even where it arose out of a failure to comply with statutory regime for such dismissal.
Benjamin attended Western Boys High School, Benin-City, Nigeria and the South Thames College, Wandsworth, London. He read law at the University of East London from where he graduated in 1991. Ben was subsequently admitted to the Bar of England Wales by the Honourable Society of the Middle Temple in 1992 and as a Barrister and Solicitor of the Supreme Court of Nigeria in 2016. Benjamin joined Charles Anthony LLP as a Partner in March 2017.
Benjamin is a member of various professional associations including, the Chartered Institute of Arbitrators, the Employment Lawyers Bar Association, the Employment Lawyers Association, the Industrial Law Society and the Pro Bono Unit of the Bar of England and Wales and the Nigerian Bar Association. Ben has supported Tottenham Hotspurs Football Club since his youth but as a recent convert to rugby (through his sons’ participation) and now follows the fortune of Harlequins Rugby Club, avidly.
For over 25 years, Benjamin has provided legal services - advising, drafting and legal representation - to businesses, government departments, agencies and individuals on a comprehensive range of problems that arises in the course of business and/or employment. Benjamin is an outcomes orientated advocate with rights of audience in all Courts and Tribunals in England & Wales – where he is a tenant at 42 Bedford Row Chambers and Nigeria – as a partner at Charles Anthony LLP. His approach to litigation is clear, concise, informed and free of legal jargon. He identifies the key issues at an early stage and works collaboratively with his client to achieve the desired outcome. He has particular experience of dealing with cases in the public domain and handling of sensitive issues. Clients find Benjamin responsive, commercially minded and willing to work as part of a team. He is an excellent communicator, easily and effectively converts high-level legal skills into valuable legal advice for clients. He is also an accredited Mediator (in Civil & Commercial and Workplace disputes) and an Arbitrator. He is therefore able to offer his clients a rare and distinctive blend of a mixed blend of domestic and international practice and adjudicatory experience.
1992 Admitted to Bar of England & Wales by the Honourable Society of the Middle Temple 2016 Admitted as a Barrister & Solicitor, Supreme Court of Nigeria.
1991 LLB (Hons) University of East London, United Kingdom 1992 Inns of Court School of Law, London, United Kingdom
1991 Member of Middle Temple1992 Member of the English Bar 2014 Accredited Civil and Commercial Mediator (ADR Group) 2015 Admitted as Member of the Chartered Institute of Arbitrators 2016 Member of the Nigerian Bar Association
Areas of Practice
Civil and Commercial Litigation Professional Regulatory and Disciplinary International and Domestic Asset Recovery International and Domestic Dispute Resolution International and Domestic Labour & Employment Law International and Domestic Human Rights & Equality Law