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Mike Cain

Associate solicitor

Areas of Practice:
Mike Cain's Profile Picture
Mike Cain is ‘outstandingly creative; if one approach doesn’t work, he will try really hard to find another one that does’. – Legal 500 2017
Your work with me was very professional but I also felt your compassion. I am very grateful and you deserve all my respect. – Employment client
Mike is an associate employment solicitor and team leader in Leigh Day employment department. He is based in the Manchester office but has  a nationwide practice involving both group and individual claims.   He has a special interest in claims relating to Trade Union rights,  consultation rights, TUPE, redundancy, and pay rights. 
 
Mike has been  a leading practitioner in collective redundancy matters, having framed the arguments in the nationally significant EAT appeal for USDAW in the Woolworths/Ethel Austin case ([2013] IRLR 686) which resulted in the Preliminary Ruling from the CJEU (C-80/14) in April 2015.  He also acted successfully for the United Road Transport Union (URTU)  in the collective redundancy litigation in the Employment Tribunal  arising from the Comet store chain administration of late 2012.  Mike  also oversaw and concluded complex  part time pensions group litigation for nearly 400 claimants in Abbott and Ors v Littlewoods resulting in payments of over a million pounds to affected workers. Acting for members of the United Road Transport Union (URTU) for several years in a wide range of cases in the Employment Tribunal and up to the Supreme Court, Mike acquired a deep expertise in all areas of transport and mobile worker employment rights. Similarly he also has particular expertise in representing  public sector employees  and police officers including in disputes  arising from their separate statutory rights (see below).    He is also a longstanding and  experienced litigator in discrimination matters generally, having successfully framed and ran claims both before and after the introduction of the Equality Act in  2010 (see below).  Mike also currently works extensively in various group and individual matters for the GMB union. 
 
Alongside his extensive employment tribunal practice Mike has also had civil litigation experience. He has advised and represented individual clients on civil employment claims, data protection, protection from harassment and a number of other causes of action. 
 
Mike has been professionally active in the area of employment and legal rights for 18 years. He was called to the Bar in 2005 but  spent over a decade (1997-2008) working in the CAB service and the Trade Unions, Mike joined Russell Jones & Walker in 2008 and was admitted as a Solicitor in July 2009.  He joined Leigh Day in April 2015
 
Mike is a member of the Employment Lawyers Association and served on the Executive Committee of the Industrial Law Society for four years between 2013 and 2017.
 
The Legal 500 2013  stated that "highly regarded associate Mike Cain is ‘tenacious, fair and always willing to go the extra mile for the client".  The 2014 edition listed him as “recommended” He was runner up in the 2012 Lawyer Awards Junior Lawyer of the Year Category and in the Same Year Shortlisted for Junior Lawyer of the Year in the Law Society Excellence Awards. He was included  in the 2014 Lawyer Monthly “Global 250” selected  from several thousand practitioners internationally  across all legal disciplines   
 
Mike’s previous cases also include:
  
  • QLOG Limited v O Brien and Ors EAT 2014  – the successful defence at the Employment Appeal Tribunal  of a finding by the Employment Tribunal  that a  Service Provision Change related Transfer of several transport drivers had taken place under TUPE Regulations where the Transferee – a “fourth party” logistics provider  - had appealed the Tribunal’s finding.
  • R (on the Application of United Road Transport Union ) v Secretary of State for  Transport [2013] EWCA Civ 962-  Court of Appeal   - dealing with individual working time rights under the Road Transport (Working Time Regulations 2005
  • Chief Constable of North Yorkshire & Wade v HMRC [2011] IRLR 393 - decision of the Upper Tier Tribunal clarifying the rights of women in respect of commencing Statutory Maternity Pay.
  • Bamber v Chief Constable of Greater Manchester Police (2011) - a finding by the Employment Tribunal in a claim for a female Chief Inspector  that the requirement of female and older officers to complete the public safety training shield run in 2minutes and 45 seconds was not justified and constituted indirect Sex and Age Discrimination.
  • TDG Chemical Ltd v Benton EAT 2010  - a successful defence in the EAT of an initial finding of Unfair Dismissal at the Employment Tribunal  following the employers appeal which has provided an important clarification of the law on the need for sufficient investigation before a decision to dismiss as well as the requirements for any appeal on remedy from the Employment Tribunal.
  • Dost v Chief Constable of West Midlands Police (2009) - a successful Race and Religious Discrimination claim for an Asian Muslim Police Officer following multiple incidents of islamophobic abuse.


Mike Cain in the news

Union reforms will provoke backlash Times 23.7.15

What clients say about Mike

"Brilliant service from Mike Cain, best lawyer and I would highly recommend him to anyone involved in a workplace dispute."
- Employment client.

"The meeting was informative and encouraging. Mike's professionalism is unique in that it is mingled with compassion, a genuine caring attitude, frankness and credible experience.  His dedication was evident throughout the duration of the case. He would call me in the evenings to update me on the progress. Even when things were not looking up, he did not throw in the towel, which would have been understandable. He always went an extra mile to explore ways round many hurdles that kept on popping up. Mike organised the best representation any one could ever wish for. Needless to say, the outcome of my case was favourable to me without having to go to the Employment Tribunal.  Owing to the fact that discrimination is thriving, it is inevitable someone will need serious help. Please look no further." 
- Employment client

Accreditations

  • Legal 500 2017 Recommended lawyer

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