Hitesh Dhorajiwala

Expertise

• Employment

  Hitesh practices in all areas of employment law and has significant expertise in the law of work relationship status. Hitesh has experience doing a wide range of both respondent and claimant work in the employment tribunals. This work has ranged from acting for large high street retailers and small businesses, to individual claimants. This includes not only tribunal advocacy, but also advisory work on complex legal questions. He is also aware of the strategic and commercial interests of clients engaged in litigation.

  Recent cases have included:

  • a complex unfair dismissal and disability discrimination claim against a large retailer
  • redundancy dismissal claims
  • holiday pay claims for casual workers
  • whistleblowing; an employment status dispute concerning the use of personal service companies
  • involvement in ‘fire and rehire’ litigation
  • wrongful dismissal for a company executive.

  He also gained extensive employment law litigation experience as a pupil to Alice Mayhew KC. This included high value whistleblowing claims, unfair dismissal, Permanent Health Insurance issues in relation to discrimination law, strike out hearings, remedies hearings, and preliminary hearings.

• Tax

  Hitesh is keenly developing his tax practice. He has been led in high profile litigation in the Court of Appeal: as junior to Aparna Nathan KC in R (Hoey) v HMRC [2022] Civ 656 (concerning the proper interpretation of the s.684(7A) ITEPA 2003 power); and as junior to Marika Lemos in Naghshineh v HMRC [2022] EWCA Civ 19 (concerning sideways loss relief). He has also been led on matters which concerned questions of work relationship status in the context of tax law.

  As a pupil to Aparna Nathan KC, Hitesh gained a wide range of tax litigation experience, and specifically in Walweski v HMRC [2020] UKFTT 0058 (TC), which concerned a novel point of law arising out of s 850C – E ITTOIA 2005. He was also a pupil to Marika Lemos in the Upper Tribunal in HMRC v Naghshineh [2020] UKUT 30, which concerned the interpretation of the provisions on sideways loss relief in s 66 – 68 ITA 2007. During pupillage, Hitesh also gained experience in tax advisory work, including work on IR35 matters, and residence and domicile matters.

• Personal Injury

  Hitesh has gained court experience in personal injury matters since becoming a member of chambers.

  As pupil to Stephen Cottrell and Jonathan Butters, Hitesh gained significant litigation and advisory experience in a wide range of personal injury matters. This included experience in relation to road traffic accidents, clinical negligence claims, asbestosis claims, and matters relating to causation and expert evidence (specifically as a pupil to Stephen Cottrell in Griffiths v TUI UK Limited [2020] EWHC 2268 (QB).

Latest from Hitesh

• News

  • Court of Appeal Guidance on ‘Place of Effective Management’
  • Upper Tribunal guidance on ‘Place of Effective Management’
  • R (Hoey and others) v HMRC: HMRC successful in Court of Appeal
  • Naghshineh v HMRC: Court of Appeal provides much-needed clarity on sideways loss relief and farming losses
  • Devereux welcomes Hitesh Dhorajiwala and Charlie Hill

• Articles

  • PAYEr Beware: Analysing the Treatment of Employment Status in Atholl House and Kickabout
  • The Future of Employment: Purposive Interpretation and the Role of Contract after Uber
  • After Uber: Purposive Interpretation and the Future of Contract
  • What Next for Status after Uber?
  • UK Response to new trade Unions strategies for new forms of employment’