Dominic is joint head of Chambers’ Employment Team and has over 20 years of experience in all areas of employment law, with a particular emphasis on discrimination in the workplace. He regularly acts for both public and private sector employers, and for employees. He routinely appears in the Employment Tribunal and Employment Appeals Tribunal, as well as in employment related court claims, and has experience in both the Court of Appeal and Supreme Court. He is a contributing editor of Tolley’s Employment Law Service and a volunteer with the Employment Tribunal Litigant in Person Support Scheme.

Discrimination and Equal Pay

Dominic is frequently instructed in lengthy discrimination claims involving multiple allegations over extended periods. He has recently acted for both Claimants and Respondents in claims for sexual orientation discrimination, age discrimination, sex discrimination and race discrimination; but he has particular experience in disability discrimination claims, and has recently successfully appealed to the EAT on issues relating to reasonable adjustments and s15 discrimination.

Dominic has also been involved in a number of high profile local authority and NHS equal pay claims, including a test case in the Court of Appeal on the issue of bonus payments.

Unfair Dismissal, Constructive Dismissal and Redundancy

Dominic routinely advises and appears in all manner of unfair dismissal, and constructive dismissal claims, both at first instance and on appeal; often involving high earning employees or where the statutory cap is engaged. His recent cases have involved issues such as scape-goating, computer misuse, employee status, geographical jurisdiction, applicable time limits, use of social media, and incapacity caused by an employer’s negligence.

He has been instructed in several appeals to the EAT in respect of constructive dismissal claims, concerning the proper approach to causation, affirmation and contributory fault in the context of constructive dismissal.

Dominic has also acted in several multiple redundancy claims, in which he has appeared for both employer and employees.

TUPE

Dominic has an unhealthy interest in the TU(PE) Regulations. He has acted in a number of substantial multi-party TUPE transfer claims, involving both service provision change and business transfers, and engaging both individual and collective rights.  He has recently appeared in the EAT in a test case on the correct interpretation of the service provision change definition.

Whistleblowing

In recent years, Dominic has acted in several lengthy and complex whistleblowing cases, including successfully defending a claim involving 49 separate alleged disclosures, the schedule of which alone ran to several hundred pages.  He recently appeared in the EAT in an appeal concerning the correct approach to the burden of proof and causation in whistleblowing claims.

Restraint of Trade and Breach of Contract

Dominic is particularly adept at handling employment related claims in the High Court and County Court. He is often instructed to seek or resist injunctive relief and damages in post termination restraint of trade claims, and in claims involving the alleged misuse of confidential or proprietary information; as well appearing in breach of contract claims arising out of the dismissal of higher earning employees.

Dominic is part of the investigations team, and accepts instructions regarding internal workplace investigations, disciplinary procedures and grievances.

He has a long experience of reviewing and advising upon various types of investigation in both the public and private sector; and has a good practical understanding of the needs of employers and the requirements of an investigation that is fit for purpose.

Dominic has a busy and well established chancery/commercial practice; and is particularly interested in disputes involving unusual or esoteric areas of law.

Contract/Commercial

Dominic is regularly instructed in a range of contractual and commercial disputes, from sale and supply of goods and services, through to the applicability and enforceabilty of contractual terms, liquidated damages and penalty clauses, conflicts of laws, construction claims, and the disposal of real property and plant.

Restraint of Trade and Confidential Information

As a result of his significant employment practice, Dominic is particularly adept at dealing with post-employment disputes. He is often instructed to seek or resist injunctive relief and damages in post termination restraint of trade claims, and in claims involving the alleged misuse of confidential or proprietary information; as well appearing in breach of contract claims arising out of the dismissal of higher earning employees.  For example he recently acted for the Claimant in a 10 day trial against 2 former employees who had used a proprietary database to set up a rival business.

Commercial Rating

Dominic has acted for a number of ratepayers in relation to their liability for commercial rates, and recently successfully appeared in the Supreme Court in a landmark case on the rateability of property undergoing works of reconstruction.

Real property

Dominic has a long experience of dealing with claims involving both commercial and residential real property, including claims involving breach of covenant; easements; property related torts; equitable rights and interests; boundary disputes; trusts of land; adverse possession; and contracts of sale.

Landlord & Tenant

Dominic is experienced at advising and representing both landlords and tenants in disputes involving both commercial and residential leases, including issues around security of tenure, forfeiture, breach of covenant, withholding of consents, enfranchisement, and dilapidations.

Professional negligence

Dominic has recently acted in professional negligence claims involving lawyers; surveyors; architects; and financial advisers.  As a result of his broad experience of property litigation, he is particularly skilled at dealing with claims arising out of conveyancing, construction or the valuation of property.  He is currently instructed in a multi-million pound claim against a firm of solicitors for the alleged negligent drafting of a commercial contract.

Dominic has recently acted in professional negligence claims involving lawyers; surveyors; architects; and financial advisers.  As a result of his broad experience of property litigation, he is particularly skilled at dealing with claims arising out of conveyancing, construction or the valuation of property.  He is currently instructed in a multi-million pound claim against a firm of solicitors for the alleged negligent drafting of a commercial contract.

Real property

Dominic has a long experience of dealing with claims involving both commercial and residential real property, including claims involving breach of covenant; easements; property related torts; equitable rights and interests; boundary disputes; trusts of land; adverse possession; and contracts of sale.

Landlord & Tenant

Dominic is experienced at advising and representing both landlords and tenants in disputes involving both commercial and residential leases, including issues around security of tenure, forfeiture, breach of covenant, withholding of consents, enfranchisement, and dilapidations.

Commercial Rating

Dominic has acted for a number of ratepayers in relation to their liability for commercial rates, and recently successfully appeared in the Supreme Court in a landmark case on the rateability of property undergoing works of reconstruction.

Dominic has over 20 years experience of acting for both insurers and Claimants in a broad range of industrial disease claims, with a particular emphasis on industrial deafness and issues arising out of limitation; and as a result of his significant employment practice, he is particularly adept at handling claims involving allegations of stress at work, bullying and discrimination.

He often acts in cases involving high value or complex physical and psychiatric injuries; and is routinely instructed on behalf of the Crown.

Chambers and Partners (2025) - Employment (Band 1)

Legal 500 (2025) - Employment (Tier 1) - "Dominic's intellect and breadth of knowledge on employment law marks him out."

Chambers and Partners (2024) - Employment (Band 1) - "Dominic is very responsive and professional; he will go the extra mile for us in turning things around quickly and will take on quite onerous tasks if we need him to. The quality of his advice is exceptional."

Legal 500 (2024) - Employment (Tier 1) - "Dominic communicates with clarity and silk-level authority on difficult legal and tactical points."

Chambers and Partners (2023) - Employment (Band 1) - "Dominic Bayne is a well-trusted barrister with an impressive track record in all facets of employment law including discrimination and equal pay claims. He is highly experienced in claims for unfair dismissal and unfair redundancy. He has a broad and diverse practice representing both private and public sector employers and employees."

Legal 500 (2023) - Employment (Tier 1) - "Dominic combines formidable intellectual ability and expertise in employment law, with a first-rate client service ethic. He readily forms strong relationships of trust with clients, and consistently provides impressively clear, timely and expert advice."

Chambers and Partners (2022) - Employment (Band 1) - "He gives prompt, thorough and excellent advice, is always available to discuss issues, and has a good eye for detail." "His technical expertise is excellent, his research and pleadings are wonderful, and he handled a difficult and demanding client very well." "Very good. He's responsive, user-friendly and knows what he's doing. It makes you confident to have him on board."

Legal 500 (2022) - Employment (Tier 1) - "Dominic is client-friendly, responsive and works very hard. He knows his law." 

Chambers and Partners (2021) - Employment (Band 2) -"He is incredibly intelligent, polite and diplomatic in his approach." "He is very thorough and responsive."

Legal 500 (2021) - Employment (Tier 1) - "Proactive; User-friendly; Good with clients; Robust; Intelligent handling of cases."

Chambers and Partners (2020) - Employment (Band 2) - "A well-trusted litigator with an impressive track record in all facets of employment law including discrimination and equal pay claims. He is highly experienced in claims for unfair dismissal and unfair redundancy. He has a broad and diverse practice representing both private and public sector clients, ranging from large-scale organisations to individuals." Strengths: "He is extremely approachable, and his advice is very clear." "A very detail-oriented barrister who is fantastic with witnesses and really puts them at ease."

Legal 500 (2020) - Employment (Tier 1) - "Particularly adept at dealing with difficult witnesses."

Chambers and Partners (2019) - Employment (Band 2) - "Conscientious and has a good eye for detail." "An intellectual lawyer with an understated but pleasant style."

Legal 500 (2018/2019) - "Very experience in TUPE, equal pay and discrimination matters."

Chambers and Partners (2018) - Employment (Band 2) - "A well-trusted litigator with an impressive track record in all facets of employment law including discrimination and equal pay claims. He has a broad and diverse practice representing both private and public sector clients, ranging from large-scale organisations to individuals." Strengths: "He's a very calm, measured counsellor. He's very bright and good with clients." "He is good at understanding what the client is looking to achieve from an early stage and that's reflected in his advice." Recent work: Acted for Sunderland City Council in a high-value disability discrimination claim, involving over 15 separate alleged failures to make reasonable adjustments over about three years.

Legal 500 (2017) - "A strong and calm advocate who is good with clients."

Chambers and Partners (2017) - Employment (Band 1) - "He is very studious, very logical and a talented advocate." "He's very thorough, level-headed and straightforward." Recent Work: Appeared in a ten-day discrimination claim, Aslam v Derby CC, which concerned around 25 allegations of discrimination over a period of seven years, inclusive of harassment, denial of opportunity of advancement through promotion and victimisation owing to prior grievances.

Chambers and Partners (2016) - "Focuses on employment disputes on behalf of both public sector organisations and individual claimants. He shows particular skill in equal pay and discrimination matters, but also has considerable experience in cases of whistleblowing, unfair dismissal and restrictive covenants." Strengths: "He has a wonderful manner in court and is great at getting to the nub of the issue in cross-examination." Recent work: Acted in Greenslade v Next Distribution Ltd, a case concerning disability discrimination and unfair dismissal.

Chambers and Partners (2015) - "Handles respondent work for public clients and receives instructions from government in his position as regional treasury counsel. He also handles important claimant matters relating to discrimination, equal pay, unfair dismissals, TUPE, redundancy and whistle-blowing issues. Expertise: "His manner is very considered and belies the fact that he is extremely effective as an advocate and gets into the details really deeply." Recent work: Acted for Hartlepool BC on a 12-day whistle-blowing and unfair dismissal case.

Chambers and Partners 2014 (Band 1) - "Focuses his practice on employment disputes and is widely recognised for his work on behalf of large employers such as local authorities." Expertise: "He impresses with his excellent preparation, detailed knowledge of the law and thorough advocacy style in factually complicated cases. He very quickly gets to grips with the key issues of the case and is always willing to discuss tactics and the next steps as the case progresses."

Chambers and Partners 2013 (Band 2) "A well-respected employment law specialist. His "informal style" has made him a popular choice among instructing law firms, which continue to view him as a go-to barrister for "really complex stuff."'

Chambers and Partners 2012 (Band 2) - "Is acknowledged by peers to be “a strong and formidable opponent”’.

Chambers and Partners 2011 (Band 2) - “Incredibly intelligent, articulate and good at winning client confidence"; and has an "understated yet highly effective approach to complex cases."

Employment Lawyers Association (ELA)

Employment Law Bar Association (ELBA)

Industrial Law Society (ILS)

Personal Injury Bar Association (PIBA)

J v K [2019] EWCA Civ 5 (Acted for a local authority in an appeal concerning the proper approach to extending time for appealing to the EAT where the appellant suffers from a disability)

(Successfullly acted for the respondent in an appeal concerning correct approach to causation in a protected disclosure claim)

SJ & J Monk v Newbigin (Valuation Officer) [2017] UKSC 14 (Successfully acted for the ratepayer in a test case on the correct approach to rating commercial properties undergoing extensive refurbishments)

Tees, Esk & Wear Valleys NHS Foundation Trust v Harland & ors (UKEAT/0173/16/DM) (Acted for an NHS Trust in an appeal concerning the correct approach to assessing the ‘principal purpose’ of an organised grouping of employees, within the service provision change definition of the TU(PE) Regulations)

Greenslade v Next Distribution Ltd UKEAT/0156/15/DA (Successfully acted for the Claimant in an appeal concerning the correct approach to a disability discrimination claim under s15 of the Equal Act 2010)

Harbro Supplies v Hampton & Ors [2014] EWHC 1781 (Ch) (Successfully acted for a company in a 10 day case arising out of the post termination use of its electronic database by a former director)

Silicon Altimex v March [2014] UKEAT 0489, [2014] All ER(D) 99 (Aug) (Successfully acted for an employer in an appeal concerning the correct approach to affirmation in constructive dismissal claims)

Working Men’s Club, Institute Union Ltd v Balls UKEAT/0119/11/LA (Acted for the Respondent in a claim concerning causation in cases of constructive dismissal)  

Gibson v Sheffield City Council [2010] EWCA Civ 63, [2010] ICR 708, [2010] IRLR 277 (Acted for the Council in a test case on bonus payments and equal pay)

St Alphonsus RC Primary School v J Blenkinsop UKEAT/0082/09 [2009] All ER(D) 54 (Aug) (Acted for the school in a case concerning time limits in the context of the Maternity and Parental Leave etc. Regulations 1999)  

Ministry of Defence v Guellard UKEAT/0210/09 [2009] All ER(D) 50 (Dec) (Acted for the Claimant in a claim concerning constructive dismissal, and the proper approach to contributory fault)

Warrior Quay Management Co Ltd v Joachim & ors [2008] WL 168730 (Successfully acted for the Appellant in a multi-party claim concerning the construction of a lease).

Shimmell v Clarke [2001] All ER(D) 309 (Oct) (Successfully acted for the offeror in an appeal concerning when a Part 36 offer was void for mistake)

2019 Recorder (Family) North Eastern Circuit

2012 Attorney General's Regional Panel of Junior Counsel to the Crown (Panel A)

Contributing Editor of Tolley's Employment Law Service 

Forstater v CGD Europe: when is a belief worthy of respect in a democratic society? 

Employment Tribunal Claims against Insurers of Insolvent Employers: Guidance from Irwell v Watson [2021] EWCA Civ 67 

Some Good News for Ratepayer: The Supreme Court restores the long standing practice of applying nominal rates to buildings undergoing reconstruction.

Lee v McArthur: Is a refusal to bake a cake supporting gay marriage really direct discrimination, or has the law gone a step too far?

In Tyco the CJEU reconsidered the definition of ‘working time’: What, if any, are the domestic implications?

Gibson v Sheffield: The Supreme Court’s chance to clarify the defences available to mass equal pay claims

Dominic speaks regularly at local and regional seminars, as well as at tailor-made client’s events. Recent seminar have included:

• TUPE or not TUPE, that is the question.
• Discrimination: Surprising Developments.
• ‘Dismissing the Disabled’: the additional pitfalls of dismissing an employee with a disability.
• Pension Loss for Employment Lawyers
• The termination and renewal of business tenancies
• The effective compromise of disputes.

BSc (Hons) Physics, University of Durham. Dip Law, College of Law, Guildford