Asha Kumar

Asha regularly advises employers, often in a quasi-in-house capacity, on complex grievance and disciplinary matters, including high-stakes and sensitive cases. 

• Led advice on large-scale workplace investigations involving more than 100 employees, including guidance on evidential burden and on circumstantial evidence. 
• Advised on misconduct cases involving serious policy breaches with potential for significant reputational and brand damage. 
• Advised on complex grievance and disciplinary cases involving allegations of harassment, bullying, and protected characteristic discrimination, including cross-border considerations, cultural sensitivity issues, and outside-of-work activities. 
• Supported HR and legal teams with case strategy, evidence management, and preparation for appeal hearings 

Asha advises employers on both individual and group claims for discrimination, including age, disability, and sex and sexual orientation discrimination. 

• Defended a group claim for indirect age discrimination, including collating and analysing statistical evidence to rebut the allegations. 
• Assessed discrimination risk arising from overseas criminal convictions linked to sexual orientation, including objective justification analysis. 
• Advised on employer liability for allegations of sexual harassment arising at work-related social events. 
• Advised on whether overseas travel restrictions could give rise to indirect discrimination, including on grounds of gender reassignment. 
• Advised on disability discrimination matters where the reasonableness of adjustments was disputed, including supporting managers on reasonable adjustment processes and risk assessment. 

Asha is regularly instructed to defend employers in Employment Tribunal proceedings, including unfair dismissal, whistleblowing, and discrimination claims.  

• Defended employers against claims brought: by alleged perpetrators of sexual harassment; for discrimination by association with a disabled child where dismissal occurred due to conduct; by individuals who admitted gross misconduct but argued for a lesser sanction on mitigation grounds; and arising from alleged unfair redundancy processes. 
• Prepares and runs complex litigation, including multi-claimant and multi-issue cases. 
• Makes and responds to interim applications, including strike-out and deposit order applications. 
• Advises on litigation strategy, settlement and risk management. 

Asha advises employers on workforce change, including large-scale redundancies, collective and individual consultation obligations, and managing sensitive exits. 

• Advised on redundancy exercises arising from a closure of a place of work. 
• Advised a leading oil and gas company on a large-scale downsizing in the UK, including collective consultation requirements and individual consultation with affected employees. 
• Advised an oil and gas company on a second phase of downsizing, including redundancy of an employee in receipt of permanent health insurance. 
• Advised an advertising agency on redundancies arising from an outsourcing exercise where TUPE was found not to apply. 

Asha advises on employment implications of outsourcing, insourcing, and business sales.

• Assisted a leading windfarm operator in connection with its acrimonious departure from a windfarm site. Advice included providing complex TUPE analysis on the transfer of services to a number of new service providers. 
• Conducted a national analysis for a windfarm operator on the past, present and future possible application of TUPE on expiry of the first-term SWA services. 
• Advised a railway transportation company on the implications of TUPE following a proposed change in service provider of its wagon maintenance services. Particular difficulties arose as a transferring employee was diagnosed with a terminal illness resulting in the new service provider being prohibited from replicating life assurance benefit. 
• Advised an international advertising company in connection with the transfer of staff following its successful pitch for an in-flight publication. 

Asha advises senior executives on appointments, exits, and disputes, including negotiating settlement agreements, drafting service contracts, and resolving sensitive board-level issues with discretion and precision. 

• Advised an Iranian national on the potentially discriminatory termination of his employment which was claimed to be on the basis that his continued employment was in breach of US sanctions. 
• Advised a senior executive on departure from the Garden Bridge Trust. 
• Advised a partner on their departure from Bell Pottinger. 

Asha advises cabin crew, pilots, and ground-based staff on workplace issues. She also advises airline operators on recruitment, staff training, and regulatory compliance. 

• Working knowledge of the recruitment cycle for cabin crew and pilots, including how terms and conditions differ from ground-based employees. 
• Assisted with opening new aviation operations in India and South Korea, including advising on employment documentation, onboarding and compliance. 
• Advised aviation employers on sector-specific employment law issues affecting cabin crew, pilots, and ground-based staff. 
• Advised on the interplay between Civil Aviation Authority regulatory requirements, training obligations and role-specific requirements, particularly in respect of fitness-to-work issues. 
• Advised on discrimination complaints arising across different employee cohorts, including cabin crew and pilots. 
• Supports aviation clients with complex grievance and disciplinary matters involving safety-sensitive roles and regulatory considerations. 
• Defends aviation employers in tribunal litigation, including claims involving discrimination and unfair dismissal. 

Member of the Employment Law Committee of the Law Society of England and Wales 

Member of the Employment Lawyers Association