Tom Kirk
Teams: Landlord & Tenant and Housing (Commercial, Residential, Social), Employment, Common Law (Inquests), Public Access (Direct Public Access)
Year Called: 2007
Inn: Lincoln's Inn
Qualifications: LLB Hons (First Class, King's College London),
BCL (Distinction, Oxford),
BVC (Inns of Court School of Law),
Lord Denning and Hardwicke Scholar
Appointments: Junior Counsel to the Crown (Regional Panel)
Memberships: Western Circuit,
Employment Lawyers Association,
Employment Law Bar Association,
Discrimination Law Association
Employment
Tom is predominantly an employment law specialist with particular interests in all aspects of discrimination and whistleblowing claims. Whilst he represents Claimants and Respondents across the broad spectrum of employment law, he has developed a niche practice in dealing with claims brought by teaching and non-teaching staff employed in schools and other educational establishments. He also has extensive experience in dealing with politically sensitive employment disputes for his clients in the public and charitable sectors.
Tom is equally at home representing commercial clients and has been praised for his ability to quickly find a solution to a dispute that embraces an employer’s specific practical and business needs. He is regularly invited by his Respondent clients to deliver seminars on current developments in employment law and contributes articles to the Employment Lawyers Association Briefing.
Tom has a user-friendly approach that helps his Claimant clients feel at ease when faced with the potentially daunting prospect of litigation. He has achieved a number of high value awards and settlements but is also quick to grasp the non-monetary aims pursued by Claimants such as negotiating re-engagement packages and agreeing full and fair references for dismissed employees. He also has experience of representing professional employee clients in internal disciplinary appeal hearings.
An experienced trial advocate in the Tribunals and County Courts across London and the South of England, Tom is regularly instructed to appear in multi-day hearings and PHRs. He has an extensive paperwork practice and has been acknowledged by clients for providing thorough yet concise advice and robust pleadings. He also advises employer clients on various non-contentious matters including TUPE transfers and the review of disciplinary and grievance policies.
Before coming to the bar Tom completed a masters degree (BCL) specialising in European Equality Law and International Labour Rights. He completed his pupillage under the Head of the Employment Team, drafting skeleton arguments and notices of appeal and preparing for a range of appeal hearings in the Employment Appeal Tribunal.
Housing and Landlord & Tenant
Tom represents local authorities and housing associations across London and the South of England in this field and has experience of possession proceedings, traveller cases, Anti-Social Behaviour Injunctions and other injunctions in the County Court. He has a particular interest in claims involving ASB, having been instructed on a number of multi-track trials before Circuit Judges involving the same. He has a sensitive and practical manner with vulnerable witnesses and has achieved outright possession orders in a number of recent claims including prolonged threats of violence and racial abuse towards neighbouring tenants.
Personal Injury & General Common Law
Tom regularly appears in the County Court in trials, case management hearings, disposal hearings and various applications concerning a broad range of common law work. He has a particular interest in Personal Injury Work and regularly advises both Claimant’s and Defendants on liability and quantum as well as settling pleadings.
Tom has had significant experience as an in-house adviser to the Treasury Solicitor’s Department, advising and drafting pleadings for government departments (such as the Home Office, Prison Service and Probation Service) working primarily on personal injury and false imprisonment cases as well as on claims under the Human Rights Act 1998.
Tom has been appointed Junior Counsel to the Crown (Regional Panel).