Legal Guidance and Research / Experts / Keith Bryant
Keith Bryant#615
External Chmaber

Keith Bryant , KC

Outer Temple Chambers
Keith Bryant KC’s wide experience includes advising and acting for commercial and public sector organisations, trustees, government departments and agencies, individuals and unions.

His practice is focused on pensions law and employment law and the areas of overlap between the two. He is also increasingly involved in cases with a financial services aspect.

Keith is regularly instructed in the High Court (Chancery and King’s Bench Divisions, including Commercial Court and Administrative Court), the Employment Appeal Tribunal and the Appellate Courts, both in England and Wales and also in Northern Ireland. He has been involved in a number of matters before the Determinations Panel of the Pensions Regulator, the Security Vetting Appeals Panel, the Pensions Ombudsman and other specialist tribunals.

Keith writes and lectures regularly on pension, employment and other commercial topics. Keith sits as a part time employment judge.

Practice Areas

Panel

  • Contributing Author

Qualified Year

  • 1991

Year Taken Silk

  • 2013

Membership

  • Association of Pension Lawyers
  • Commercial Bar Association
  • Employment Lawyers Association
  • Employment Law Bar Association
  • Financial Services Lawyers Association
  • European Circuit
  • Industrial Law Society
  • Registered Member of the Courts of the Dubai International Financial Centre

Qualification

  • BA (Hons), MA, DipCompSci

Education

  • University of Cambridge

4 Contributions by Keith Bryant

Constructive Dismissal: Elements, Employer Breach, Last Straw, Affirmation, Cure, Unfair and Discriminatory Claims
PRACTICE NOTES
Constructive Dismissal: Elements, Employer Breach, Last Straw, Affirmation, Cure, Unfair and Discriminatory Claims
Dismissal of an employee by their employer Generally, an employer takes the initiative to end an employee’s employment. In essence, the employer brings the contract of employment to an end through what they say or do. Such action is usually known as an express dismissal. However, there are situations where the employer does not end the contract but acts in a way that allows the employee to resign and argue that, because of the employer’s misconduct, they have effectively been dismissed. A resignation in those circumstances may amount to a constructive dismissal. Here, the resignation is treated as dismissal arising from the employer’s conduct...
Employment
Employment commission schemes: structure, calculation, contractual or discretionary terms, national minimum wage compliance, holiday pay, termination provisions and routes for employee claims
PRACTICE NOTES
Employment commission schemes: structure, calculation, contractual or discretionary terms, national minimum wage compliance, holiday pay, termination provisions and routes for employee claims
Practice Note This Practice Note outlines the nature of commission arrangements and common methods of calculation. It reviews scheme structures, the need to address written particulars of employment and compliance with the national minimum wage, and whether a scheme is contractual or discretionary. It also considers employees’ rights to commission during employment, confirms that the Unfair Contract Terms Act 1977 (UCTA 1977) does not apply, and looks at termination rights and the claims an employee might bring. The Note describes the burden of proof in discretion-based disputes, highlights other potential causes of action, and points readers to materials on the taxation of commission. Many employers—especially those with staff in sales—use commission schemes. Under these arrangements, some or all of an employee’s remuneration is paid as commission rather than basic salary. Commission is generally contingent on sales performance: the greater the sales achieved, the higher the commission paid...
Employment
Pension Loss in Employment Tribunal Remedies: DC/DB Approaches, State Pension, Ogden Multipliers, Tax Grossing Up and Case Management (England, Wales and Scotland)
PRACTICE NOTES
Pension Loss in Employment Tribunal Remedies: DC/DB Approaches, State Pension, Ogden Multipliers, Tax Grossing Up and Case Management (England, Wales and Scotland)
Pension loss typically arises only when someone has lost their job, together with the related workplace pension benefits linked to that particular position too...
Employment
Trade Union Blacklisting in Great Britain: Prohibited Lists, Exceptions, Claims, Remedies and Procedure under the Employment Relations Act 1999 (Blacklists) Regulations 2010
PRACTICE NOTES
Trade Union Blacklisting in Great Britain: Prohibited Lists, Exceptions, Claims, Remedies and Procedure under the Employment Relations Act 1999 (Blacklists) Regulations 2010
When choosing whom to engage, employers and recruitment agencies commonly request references or conduct other screening—see Practice Note: Pre-employment checks. Such steps are generally entirely lawful. Blacklisting, however, entails deliberately compiling information about trade unionists with the aim of discriminating against them because of their union membership or activities. That form of blacklisting is unlawful under the Employment Relations Act 1999 (Blacklists) Regulations 2010 (Blacklisting Regulations 2010), SI 2010/493. Meaning of 'prohibited list' The statutory scheme uses the term ‘prohibited list’, and in various circumstances it is unlawful to compile, use, sell or supply one. A ‘prohibited list’ is a list that: contains details of people who: are or have been members of trade unions, or are taking part in or have taken part in trade union activities, and is compiled with the intention that employers or employment agencies will use it to discriminate in relation to recruitment or the treatment of workers. The distinct elements of this definition are considered below. A list ‘List’ is defined as any index or other set of items, whether recorded electronically or by other means...
Employment
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