Sam Proffitt

Practice Areas

Employment

Career

Sam Proffitt joined Kings Chambers as a tenant in March 2021, having cross-qualified as a Solicitor Advocate.

Prior to joining Kings, Sam spent almost 9 years in the Employment team at DAC Beachcroft LLP, qualifying as a Solicitor in February 2016. There, he specialised in employment tribunal litigation, conducting hundreds of claims on behalf of major respondent clients, including undertaking advocacy at complex and high value multi-day hearings. He obtained Higher Rights of Audience (Civil) in March 2018, and joins Chambers as an experienced practitioner, having been granted a full exemption from all elements of the Bar Transfer Test and Pupillage.

Sam has a particular interest and experience dealing with discrimination and whistleblowing claims, including in a regulated environment with large public and private health sector organisations. He also brings real commercial insight to his practice, having spent a year on secondment as in-house counsel at a FTSE 100 client.

Sam also had substantial exposure to appellate litigation during his time as a Solicitor, and can draw on his experience working with a number of leading employment silks across several ground-breaking cases in the Employment Appeal Tribunal and Court of Appeal.

Since joining the Bar, Sam has quickly developed a strong Employment practice and reputation amongst major firms and clients, including being instructed on a number of multi-week trials, and appeals.

Work Highlights

• Successfully defending a national charity in a 4-day whistleblowing detriment and constructive dismissal claim;

• Securing strike out of a long-running disability discrimination claim following persistent breach of Orders for a FTSE 250 client;

• Persuading the tribunal that a commission scheme had been wrongly applied over a period of 20 years - no unlawful deduction from wages by withholding payments;

• Successfully defending a major car manufacturer client at a 5-day race discrimination claim brought by an ongoing employee;

• Securing the withdrawal of a 9-day whistleblowing claim on day 2 of the final hearing following cross-examination of the claimant for a FTSE100 client;

• Persuading the tribunal that a claimant had been an employee throughout their tenure despite a self-employed services agreement (applying the Supreme Court Uber case on worker status);

• Successfully representing a Solicitor claimant in a multi-day disability discrimination claim against a law firm – compensation, aggravated damages, and costs awarded;

• Instructed on a high value and complex interim relief application (whistleblowing allegations against the CEO and CFO) for a national retailer (led by Robin Allen KC) – Sam also assisted with preparing the evidence for the hearing (settled);

• Successfully defending a number of respondent clients in claims alleging underpayments arising from COVID-19 related disputes including furlough and temporary contractual variations.