Andrew Smith

Practice Areas

Employment, Sport, Commercial.

Career

Andrew is instructed to advise clients and to represent them at trial in complex and high value employment disputes. He has considerable experience of Employment Tribunal proceedings involving claims of discrimination and whistleblowing, as well as those concerning employment status, TUPE, agency workers and holiday pay (amongst others).

Andrew has recently appeared in the Court of Appeal in the high profile employment cases of Smith v Pimlico Plumbers Ltd [2022] IRLR 347 (annual leave ‘carry over’ rights), Kong v Gulf International Bank (UK) Ltd [2022] IRLR 854 (the ‘separability principle’ in whistleblowing claims) and Mackenzie v AA Ltd [2022] IRLR 985 (the assessment of damages in wrongful dismissal claims).

Andrew’s High Court practice encompasses a broad range of employment-related litigation, including ‘team move’ cases and disputes concerning restrictive covenants, bonus payments, obligations of confidence and fiduciary duties.

In the field of sport law, Andrew is instructed to act in sports arbitrations, disciplinary and other proceedings (including before the PFCC). He has represented a wide range of clients including players, athletes, managers, clubs, intermediaries / agents and governing bodies. Andrew has also been appointed to sit as a Rule K arbitrator and as a member of an EFL arbitration appeal panel. In terms of international work, Andrew has been involved in several cases before the Court of Arbitration for Sport, as well as claims in the Basketball Arbitral Tribunal.

Professional Memberships

ELA, ELBA

Publications

Football and the Law (contributor)

Various articles for LawInSport (accessible online)