Mike Cain
Solicitor
Experience Overview
Mike is a Solicitor in the employment team in Manchester and deals in all areas of employment law including discrimination. His wide ranging specialisms also include data protection, social security and pensions and trade union related matters.
Mike joined RJW in March 2008 after a ten year period in the trade union sector, first with Equity (1998-2004) then UNISON (2005-2008) during which time he advised on employment and related rights across the entertainment industry, health and local government.
He acted for the successful Appellant in the reported case of Wade [2011] IRLR 393 which this year clarified and expanded the rights of women in respect of commencing Statutory Maternity Pay.
He is presently responsible for a number of nationally significant collective claims at the Employment Tribunal including the longstanding part time pensions litigation under the Equal Pay Act for nearly 400 claimants in Abbott and Ors v Littlewoods, as well as the protective award claims for failure to consult against the administrators of Woolworths. He has extensive experience of road haulage related employment rights and is currently involved in a Judicial Review of the Department for Transport funded by URTU about working time rights for night drivers. He also acts for trade union members in further and higher education and maintains an interest in the working rights of Foster Carers.
Mike was initially called to the Bar in 2005 (Inner Temple), but cross qualified and was admitted as a Solicitor in July 2009. Mike is a member of the Employment Lawyers Association.
Key recent cases include
Bamber v Chief Constable of Greater Manchester Police (2011) - a finding by the Employment Tribunal 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.
Allen and Ors v The Manchester College (2010) - A successful claim of unfair selection for redundancy and dismissal for 4 further education lecturers against Europe’s largest FE provider.
EAT TDG Chemical Ltd v Benton (2010) - a successful defence of an initial finding of Unfair Dismissal at the ET 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 ET.
Johnston v Chief Constable of Humberside Police (2009) - a successful claim of direct discrimination under the DDA leading to the reinstatement of a dyslexic probationary officer.
Dost v Chief Constable of West Midlands Police (2009) - a successful race and religious discrimination claim following multiple incidents of islamophobic abuse.







