Employment

James is on the Attorney General’s Regional C-Panel for Employment work.

James regularly acts for claimants and respondents in Employment cases and has experience in a range of matters involving discrimination and EqA 2010 claims, collective redundancies and TULRCA claims, whistleblowing, unfair dismissal including constructive dismissal, TUPE, wrongful dismissal, redundancy related claims, holiday pay, restrictive covenants, unlawful deduction of wages, worker status.

Recent cases:

• Successful defense at trial of a maternity discrimination claim by a nurse.
• Successful defense of an age discrimination and whistleblowing claim both of which were dismissed by the tribunal.
• Mediation acting for the respondent in a whistleblowing detriment and sexual orientation discrimination claim settled on advantageous terms.
• Mediation acting for the claimant in a race discrimination claim settled on advantageous terms.
• Successfully represented the Respondent at a four-day disability discrimination and unfair dismissal trial. Whilst the dismissal was procedurally unfair the compensation was reduced by 100% on the basis of Polkey and to reflect the contribution of the Claimant to the dismissal. Moreover, the s.15 EqA 2010 claim was dismissed.
• Remedy hearing for damages in a claim for unfair dismissal, wrongful dismissal and non-payment of holiday pay.
• 3-day multi-handed ET claim involving a complex construction of contractual clauses re enhanced redundancy payments and claims for statutory redundancy pay.
• Acting as a junior junior for the respondent producing witness statements in a complex disability discrimination claim against the HMRC in a claim pleaded beyond £2 million.
• Acting for the respondent in a constructive dismissal claim arising out of company policies implemented during Covid 19 Lockdown.
• Unfair dismissal claim on grounds of redundancy primarily involving an unfair selection of employees.
• Advising a firm of solicitors involving the proposed dismissal of a company director.