Brian Napier is recognised as the leading practitioner in employment law at the Scottish bar. He is regularly instructed in complex and high-value cases, both in Scotland and England. At appellate level he has appeared in the Supreme Court on six occasions in employment cases.  These include a case raising a fundamental issue as to the correct interpretation of the right of conscientious objection under the Abortion Act 1967 (Doogan and Wood v Greater Glasgow Health Board) and an important case involving both sex and race discrimination (Hewage v Grampian Health Board [2012] IRLR 870, SC). He has appeared in several cases before the Court of Appeal and Employment Appeal Tribunal in England. In Scotland he regularly appears in the Court of Session, the Employment Appeal Tribunal, and also in employment tribunals.

In 2025 Brian successfully acted for Greater Glasgow Health Board in a claim in which it was alleged that a GP practitioner and partner providing medical services had the status of a ‘worker’ as against the Board for the purposes of holiday pay and other rights. ( Connaughton v Greater Glasgow Health Board [2025] EAT 32). 

In 2025 he was successful in arguing before the EAT that an ET had failed properly to apply the post-Brexit rules governing forum jurisdiction in the employment tribunal, with the outcome that the claim was remitted; subsequently the ET upheld his submissions that the claims were to be dismissed because of lack of jurisdiction.

In 2024 he was successful in  resisting, on behalf of Scottish Ministers, a claim brought by a sheriff who sat as a temporary judge who claimed she had suffered less favourable treatment as a part-time worker, by comparison with the terms and conditions enjoyed by a senator of the Court of Session. (Scottish Ministers v Johnston  [2024] EAT 121.)

In 2023 Brian was successful in an appeal to the Inner House in which there was an important ruling as to what was covered by a binding settlement agreement in the context of alleged post-termination discrimination; Appeal by Charles Bathgate against Technip Singapore PTE Ltd. [2023] ScotCS CSIH_48

In 2021 Brian successfully defended before the EAT an appeal against a tribunal decision dismissing claims for enhanced redundancy payments brought in respect of a workforce of several hundred employees, having also appeared before the ET: Thomas & Ors v FW Farnsworth Ltd (t/a Pizza Factory) ( [2021] UKEAT 2020-000068.

Brian was instructed by Glasgow City Council In 2017 as leading counsel in two appeals to the Inner House over the implementation of Glasgow City Council’s job evaluation scheme and the impact this had on equal value claims brought by the Council’s workforce.

In 2014 he was instructed for all respondents in a series of cases decided by the EAT involving challenges to holiday pay calculations. (AMEC/Hertel and Bear Scotland) and has been actively involved in the litigation that resulted from this decision.

In 2013 he successfully appealed to the Court of Session a decision of the EAT which had radically restricted the law of unfair constructive dismissal as this operated in Scotland: McNeill v Aberdeen City Council [2014] IRLR 113, IH. In 2010 and 2011 he acted for employees before the employment tribunal and EAT in an equal pay claim (Bury MBC v Hamilton [2011] IRLR 358) that set limits on the availability of the “material factor” defence available to employers under the Equal Pay Act, and he was also counsel instructed by Unison in the successful appeal to the Court of Session in Wilkinson v City of Edinburgh Council ([2012] IRLR 202).

In 2012 Brian was a member of the Working Group under Mr Justice Underhill which made recommendations for reform of employment tribunal rules and which led to their radical revision. In 2010 he was asked to conduct an inquiry for the States of Jersey into the dismissal of a senior police officer.  He has also conducted an inquiry for a Scottish University into a grievance raised by a member of staff who alleged mistreatment of staff work because of their gender-critical views.  He has for many years been an editor of Harvey on Industrial Relations and Employment Law(Butterworths), and Transfer of Undertakings (Sweet & Maxwell) and contributes to Blackstone’s Employment Law Practice. He gives lectures and seminars on a wide range of topics in employment and discrimination law.

Before practising full-time at the Scottish and English Bars, Brian was an academic lawyer, teaching first at the University of Cambridge and subsequently at the University of London where he was a Professor of Law. He has also spent a year teaching law in France (Universities of Paris 1 and 2) and has experience of teaching at the University of Bordeaux.

General Information

• A University of Cambridge
• B University of Edinburgh
• D University of Cambridge
• Visiting Professor of Law, University of London
• Standing Junior Counsel to the Scottish Executive (June 2001 – February 2002)