Michael Paulin

Employment & Equality

Michael’s employment practice intersects with his tax practice to a significant extent. He is often instructing by accountants on nuanced employment status issues, as well as in cases involving both the private and public IR35 rules.

Michael has deep experience advising a range of market leading employment agencies on employment status questions, the Agency Workers Regulations 2010, the Offshore and Onshore Intermediaries legislation, and on the tax implications of innovative employment management and payroll products.

Michael also appears regularly in the Employment Tribunal and the Employment Appeal Tribunal. He has appeared (without a leader) in the Court of Appeal.

Michael is instructed by both Respondents and Claimants. Michael appeared for the successful Claimant, a female firearms officer, in M v Chief Constable of North Yorkshire, in a trial that was listed for three weeks and which was reported by the Telegraph as well as other national media outlets.

Selected Cases

• Fadlalla v Oxfordshire Taxi Company Ltd (2019)
• Olubando v Secretary of State for Justice (2018): Defended against allegations of discrimination by a former prison officer.
• Lunn v Aston Darby Group Ltd & Or UKEAT 0039/18/BA (2017): Acted for appellants in an interlocutory appeal concerning the correct statutory interpretation of “special circumstances” in s.128(5) ERA 1996.
• Defending a mini-cab company in an employment status and unfair dismissal brought by a mini-cab driver.
• Defending a leading national employment agency in an employment status and Agency Workers Regulations 2010 case.
• Representing a senior compliance officer in a complex and high value whistleblowing claim against an investment business.
• Successfully defending a central government agency in a two week whistleblowing and discrimination claim.