Year of Call: 1999

Areas of Practice:
- Employment
- Commercial

Douglas Fairley

After qualifying as a solicitor in 1992, Douglas worked for six years with a large commercial firm in Glasgow and Edinburgh and, in 1997 and 1998, was involved in running that firm's Employment Law Unit.

In 1999 he was called to the Bar. Since then, he has specialised in employment and commercial work. He appears regularly before Employment Tribunals and the Employment Appeal Tribunal as well as the Outer and Inner Houses of the Court of Session. He has also recently appeared in the House of Lords.

His employment practice covers all subjects over which the Employment Tribunal has jurisdiction, and includes unfair dismissal claims, DDA, RRA, SDA and PID cases, union recognition, TUPE and equal pay claims. In 2001, he represented the employer in the first trade union recognition judicial review in Scotland (Fullarton Computer Industries Limited v. Central Arbitration Committee [2001] IRLR 752).

Recent notable cases in which he has been involved include:

• Anderson v. Jarvis Hotels EATS/0059/05 (Pay / working time; circumstances in which 'on call' employee must be paid)
• Hynd v. Armstrong and others 2007 SLT 299 (TUPE; circumstances in which transferee may rely on transferor's ETO reason for dismissal)
• Hamilton v. Allied Domecq 2007 SLT 697 (House of Lords) (Misrepresentation; sufficiency of evidence)

He is a member of the Employment Lawyers Association, a contributor to Court of Session Practice (Tottel), and co-author of Contempt of Court in Scotland (CLT). He has also been a conference speaker for CLT on the legal issues arising from stress at work.

Mobile: 07739 639027
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