Kolarele Sonaike

Employment

• Unfair & Wrongful Dismissal
• Discrimination (sex, race, disability, age, religion)
• TUPE
• Protected Disclosures (whistleblowing)
• Compromise/Settlement Agreements
• Breach of Contract
• Unlawful Deduction of Wages
• Equal Pay Claims
• Restrictive Covenants
• Pensions
• Redundancy, Bonus & Commission Payment disputes

Featured cases

• Shipperley v Nucleus Info Systems UKEAT/0340/06/JOJ (EAT)
  Kolarele acted on behalf of the Appellant arguing that a Tribunal was wrong to find an employee constructively dismissed because of its findings on the ‘primary reason for dismissal because the ‘motives’ of an employee for not accepting an employer’s breach are not relevant. The Appeal was successful
• Brand v Compro Computer Services Ltd [2005] IRLR 196 (CoA)
  Kolarele acted on behalf of the Appellant in the Court of Appeal arguing that on the proper construction of a bonus clause the employee was entitled to receive his bonus even after his employment had been terminated. The Appeal was successful.
• North Essex Health Authority v Dr. David-John [2004] ICR 112 (EAT)
  Kolarele acted for the Respondent. The case raised important public issues about the employment status of General Practitioners. The EAT concluded that the GP was not an employee of the Trust.
• Vincent v Gallagher Contractors Ltd [2003] ICR 1244 (CoA).
  Kolarele acted on behalf of the Appellant before the Court of Appeal arguing that the EAT had wrongly narrowed the scope of an appeal, permitting an appeal in regards to a redundancy dismissal on one ground but not another. The Appeal was successful.
• Key2Law (Surrey) LLP v De’Antiquis & Secretary of State for Business, Innovation and Skills
  Kolarele acted on behalf of the Appellant before the Court of Appeal in respect of the critical question of the effect of the TUPE Regulations in 2006 on the status of employees during a business sale out of administration.

Company & partnerships

• Partnership & Shareholder Disputes
• Director Duties
• Unfair Prejudice petitions
• Contractual disputes

Banking & financial services

Kolarele is experienced in dealing with financial services cases related to undisclosed commissions (whether PPI or motor commission claims), mis-selling and unfair relationships under the Consumer Credit Act 1974.

He has acted on behalf of Banks and credit card companies, as well as motor finance lenders in respect of interim applications and final hearings.

Associations

• Employment Law Bar Association

Skills & interests

• Communication Skills Consulting
• German (conversational)
• Boxing (white collar)
• Author “How to Give a Great Speech”
• Author “The Bird that had Vertigo”
• Script Writing
• West Ham United (Hammer)

Education

• 1997 – 1998- Inns of Court School of Law, London, Bar Vocational Course, Very Competent
• 1995 – 1996- University of Westminster, London, Common Professional Exam (CPE), Commendation
• 1991 – 1994- University of Birmingham, Edgbaston, Philosophy and Political Science, IIi; Dissertation – 1st Class
• 1986 – 1991- King’s School, Canterbury, Kent

This is the Privacy Policy for:

Barrister: Kolarele Sonaike

Address: 1EC, 3 King’s Bench Walk North, Inner Temple, London, EC4Y 7HR

The Purposes for which Personal Data is Processed:

Personal data will be processed in order to enable the provision of legal services, ie:

1. advice;
2. representation in court;
3. the drafting of legal documents.

It may also be necessary to retain personal data for conflict-checking purposes or for use in the defense of potential complaints, legal proceedings or fee disputes.

The Lawful Basis for Processing Personal Data

In some cases the subject of the personal data will have given consent to the processing of his or her personal data. Where explicit consent has not been given, personal data will be processed only when:

1. it is necessary for the performance of a contract with the person whose personal data is processed (or prior to entering such contract, in order to take steps at the request of the person whose personal data is processed); or when
2. it is necessary for the purposes of providing legal services.

Special Categories of Personal Data

It may be necessary to process personal data which constitute particularly sensitive special categories, ie personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation.

Such data will only be processed where processing is necessary for the establishment, exercise or defense of legal claims.

Who will receive Personal Data

The recipients of the personal data processed will be:

1. instructing solicitors and clients;
2. courts and other tribunals to which documents are presented;
3. witnesses and potential witnesses, including expert witnesses;
4. other barristers, pupil barristers and other legal representatives;
5. regulatory authorities.

Retention Periods for Personal Data

Personal data in case files will generally be kept at least the end of one year after the maximum relevant limitation period has expired. The limitation period will be measured from the latest date it is possible to bring any appeal.

The retention period will be reviewed when the work has been completed. The retention period may be adjusted at that time.

International Data Transfers

In cases involving international disputes, it may be necessary to transfer personal data to countries outside the European Economic Area which have different data protection standards to those which apply in the European Economic Area. This will only be done for the purposes set out in this Privacy Policy. In the event this is necessary, appropriate safeguards will be in place to protect personal data, such as European Commission approved standard contractual clauses or the EU-US Privacy Shield. You have a right to ask for a copy of the relevant safeguard.

Individual’s Rights

If your personal data has been processed or held, you have a right to request access to (and rectification or erasure of) personal data; or to request restriction of processing concerning the data subject; or to object to processing; as well as the right to data portability. These rights may be limited where there is a legal requirement, or other legitimate grounds, to process your data.

If you wish to exercise these rights, please use the contact details above.

If you have unresolved concerns you also have the right to complain to data protection authorities.