Joel Kendall

Barrister Profile

Joel Kendall practices principally in the areas of Employment and Personal Injury.

He has wide experience in all types of discrimination work (including harassment), cases involving TUPE, collective and individual redundancies, protected disclosure, working time cases, agency workers, restrictive covenants and unfair dismissal. He appears regularly in the Employment Appeal Tribunal.

Joel has represented both Claimant and Defendants in personal injury claims at all levels from county court to the Court of Appeal. His practice is wide-ranging and encompasses employers’ liability (including workplace stress claims), public liability (including injuries sustained in competitive sport) and clinical negligence work. He has appeared in the CICA on numerous occasions, most recently in a claim under the old Board scheme resulting in the first applictaion in the CICA of the principle of election in Peters v East Midlands Strategic HA. An award of £4.7 million was made in that case. He regularly acts for the Motor Insurers’ Bureau.

Joel lectures regularly to solicitors on employment law. He has been involved in the continuing professional education of solicitors. Outside the law his interests include classical music and Wycombe Wanderers Football Club.

Qualifications

Exeter College, Oxford (BA Hons Jurisprudence)

Professional Membership

PIBA, ELBA

Publications

Contributor: Butterworths Professional Negligence Service
Case comment Eagle v Chambers (no.2) PILJ (2004) No. 28, p.20

Interesting Cases

Veakins v Kier Islington Ltd [2009] EWCA Civ 1288 - Guidance on the proper interpretation of the Protection of Harassment Act 1997.
Sayers -v- Cambridgeshire CC [2006] EWHC 2029 (QB), [2007] IRLR 29 - no justification for imposing cause of action for breach of statutory duty in respect of regulation 4 of the Working Time Regulations 1998
G4S Justice Services (UK) Ltd -v- Anstey & others [2006] IRLR 588, EAT: retrospective operation of TUPE after transfer
Securicor Security Ltd -v- Toujani [2005] All ER (D) 240 (Jull) - reverse burden of proof in discrimination cases
Pitt -v- Industrial Roofing Ltd [2005] All ER (D) 392 (Apr) - interpretation of s.1(3)(b) of the Fatal Accidents Act 1976
Laing O’Rourke Group Services v Woolf & Jones UKEAT/0038/05: strike out for non-compliance with tribunal orders
Securicor Custodial Services Ltd v Williams UKEAT/0042/02: causation in discrimination case, race specific discrimination
Hockney & Marshall v DW Bennett & Sons (1), Johnson (2), Barton (3) CA 19.10.00, Lawtel AC9900060: apportionment of liability in road traffic accidents