Professional practice
Jane is ranked as a top tier leading Junior for Employment in Legal 500 and is described by Chambers and Partners as “extremely bright, very approachable and very quick to respond”, as having “really brilliant expertise in the law” and being “really good at communicating it”.
Jane primarily specialises in employment law including statutory employment law (discrimination and whistleblowing), commercial employment law (breaches of confidence, fiduciary duty and injunctions) and industrial action.
Jane accepts arbitral appointments and also acts as mediator and adjudicator.
Jane is regularly instructed in high-profile, sensitive and complex matters. Her recent instructions include: acting for Garden Court in the high-profile employment tribunal case of Bailey v Stonewall and Garden Court concerning discrimination because of gender critical beliefs; acting for NFU Cymru in a Judicial Review against the Welsh Government’s plans to introduce new environmental rules; acting for the UK Government in a case in the Court of Appeal concerning the rights of foster carers (National Union of Professional Foster Carers v Certification Officer); acting for the UK Government in a case about whether the withdrawal of certain services by prison officers was unlawful (Prison Officers Association v Ministry of Justice).
Jane was appointed to the Attorney General’s “A” Panel of Junior Counsel to the Crown in 2020. She has acted on a range of matters for the United Kingdom Government in the High Court and tribunals.
She is a regular speaker on employment matters on radio station LBC and has appeared on the Nick Ferrari and Ian Dale shows.
Jane is a committee member of both the Employment Law Barristers Association and the European Circuit.
- What others say
Jane is recommended as a Leading Junior by Chambers & Partners and Legal 500. Recent directory comments include:
“Jane is responsive and engaged, pitching herself effectively to the court and navigating difficult situations sensitively. She impresses with her technical advocacy, with a real strength in presenting on her feet.”
“She represents clients’ interests very well, not being antagonistic and remaining calm under pressure. She treats everyone with respect and courtesy while being very straight-talking.”
“Jane provides an outstanding level of service.”
“Jane is extremely user-friendly, charming in court and extremely sharp in her analysis.”
“A great advocate.”
“Jane clearly has the ear of the court and an excellent team player.”
“A super-intelligent junior. She is incredibly friendly and approachable, which makes her a real asset to have on a case.”
“She is extremely easy to deal with and she is a very astute barrister who it is great to have fighting your corner.”
“A real enthusiast.” “She has a way of building a good rapport with clients and keeping them focused on the key issues. She’s also extremely good at putting them at ease in emotionally charged situations.”
“Unfailingly responsive and good under pressure. Her manner with clients is exemplary, whether she be dealing with vulnerable individuals or corporate executives who are not used to being told no.”
- Arbitrations, adjudications and mediations
Jane is regularly instructed in arbitrations (as arbitrator and counsel) and in mediations (as mediator and counsel). She also has experience of working as adjudicator and expert determinator.
Arbitrations
Jane has recently been appointed as a party appointed arbitrator in an arbitration concerned with Commercial Employment issues under the LCIA rules.
Jane has also acted as Counsel in arbitrations. Most notably, Jane acted in a complex, high-value partnership dispute arbitration involving a prominent law firm and a former partner and including allegations of conspiracy and fraud.
Adjudicator
Most recently, Jane was instructed by the Bar Council to be an expert determinator in a contract dispute.
In 2021, Jane was instructed by the Liberal Democrats to be the adjudicator in a complex set of matters involving 7 linked cases concerning allegations of homophobia, transphobia and Islamophobia.
Mediator
Jane was recently instructed as mediator in a dispute between an insurance company and a former employer with Post-Traumatic Stress Disorder concerning disability issues, personal injury issues and claims in the employment tribunal worth several million pounds. Jane achieved a successful resolution for the parties on the day of the mediation.
As an employment practitioner, Jane has acted in numerous meditations over the years, including a sensitive mediation involving a central London museum and allegations of transphobic harassment, a complex mediation involving a government department and serious allegations of sexual harassment and a high-value mediation involving a manufacturing company and the misappropriation of hundreds of tons of steel.
- Employment Tribunal (Discrimination and Whistleblowing)
Jane’s specialism is in discrimination cases, most recently, belief discrimination cases. She also has extensive experience of sex discrimination and pregnancy/maternity discrimination, having appeared in the European Court of Justice in the landmark case of CD v ST. She also has a wealth of experience in whistleblowing cases.
Bailey v Stonewall & Garden Court [2022] (Employment Tribunal). Appearing as Co-Counsel in the Employment Tribunal with Andrew Hochhauser QC acting for Garden Court Chambers in a case about discrimination because of gender critical beliefs.
Forstater [2021] (Employment Appeal Tribunal) [2019] (Employment Tribunal). Appearing as Sole Counsel in the EAT against three silks and two juniors (and below in the ET) in a case about whether gender critical beliefs are protected as a “belief’ under the Equality Act 2020.
National Union of Foster Carers v Certification officer [2020] (Court of Appeal) [2019] (Employment Appeal Tribunal). Appeared in the Court of Appeal regarding the trade union rights of foster carers.
Kansal v Tullet Prebon Plc & Ors UKEAT/860/15. Appeared as Sole Counsel in the Employment Appeal Tribunal (and in the Employment Tribunal) in a complex race discrimination, harassment, victimisation and whistleblowing case.
Ukwu v Afren Plc & Ors [2017]. Appeared in a complex tribunal matter involving allegations of fraud and whistleblowing.
Pabani v ESS & Ors [2016] (EAT). Appeared in a high profile whistleblowing claim relating to a CIS country involving allegations of fraud in the decision to allow the press access to certain documents.
Kavanagh and others v Crystal Palace Football Club [2013] EWCA Civ 1410; [2013] IRLR 291). Appeared as Sole Counsel for employee in the Court of Appeal and in the Employment Appeal Tribunal in significant TUPE dispute.
C.D. v S.T. (C-167/12). Appeared as Junior Counsel before the Court of Justice of the European Union for employee in surrogacy/maternity rights claim concerning the Pregnant Workers Directive.
Pymn and Brook v the Land Registry (Case Nos: 3102028/09 & 3102027/09 & 3105521/09) (2011). Appeared (with John Hendy KC for the workers in a case involving trade union victimisation.
Grant v Land Registry ([2011] ICR 1390; [2010] IRLR 583). Appeared as Sole Counsel before the Employment Appeal Tribunal and as Junior Counsel in the Court of Appeal for employee in sexual orientation dispute.
Sahota v Home Office and another [2010] I.C.R. 772. Appeared as Sole Counsel in the Employment Appeal Tribunal for employee in pregnancy discrimination (IVF) claim.
AB v Secretary of State for Defence [2010] ICR 54 Appeared for the Claimant before the Employment Appeal Tribunal in a case involving Article 6 issues (the right to open justice).
- Environmental
Jane’s domestic experience of environmental work is focused on agricultural pollution. Internationally, Jane’s experience concerns challenges to environmental regulation by Indigenous peoples (or First Nations). Jane is a member of Chambers’ Climate Change group.
Domestic
NFU Cymru v Welsh Government [2021] QB. Acting in a Judicial Review claim against the Welsh Government in an agricultural pollution dispute.
R v Secretary of State for Environment, Food and Rural Affairs [2017] (QB). Appeared for the United Kingdom Government in the High Court (originally with Tim Eicke KC and latterly as Sole Counsel) in a dispute concerning the allocation of entitlements pursuant to the Common Agricultural Policy.
International
Alphonse Lameman and the Beaver Lake Cree Nation v Her Majesty the Queen in Right of the Province of Alberta and the Attorney General of Canada (2011) Case No: 0803 06718. Appeared for First Nation claimant in a claim concerning their constitutional rights.
- High Court Employment
Jane specialises in disputes concerning team moves, bonus issues, breach of fiduciary duty, breach of contract, injunctions including garden leave injunctions, misuse of confidential information and conspiracy/common design.
Commercial Employment
Investec v Wadhawan and ors [2019] QB. Acted as Junior Counsel in a team move dispute.
Comberg v VivoPower International Services Ltd [2018] (QB). Appeared as Sole Counsel for the Claimant former CEO in a dispute concerning breach of contract and unjust enrichment in the Queen’s Bench Division.
Secvo 5112 Limited v Rush [2018] (Ch). Acted for a football club in a case involving allegations of breaches of fiduciary duty and contract by its former CEO.
Daniels and Tate v Lloyds Banking Group plc [2017] (Commercial Court). Appeared defending an application for summary judgment in a case concerning the construction of a Long-Term Incentive Plan.
Ipsen Biopharm Limited v Harris [2017] (QB). Appeared as Sole Counsel for the Claimant pharmaceutical company and successfully obtaining a garden leave injunction and an injunction prohibiting communications with a trade rival.
Celsa Manufacturing (UK) Ltd v Biffa & Ors [2017] (Ch). Acted as Sole Counsel, for a large waste management contractor in respect of claims in conspiracy / common design against former employees concerning allegations of the misappropriation of hundreds of tons of steel from a steelworks in Cardiff.
Live Nation v (1) Homer (2) Leighton-Pope [2016] (QB). Acted in a team move and misuse of confidential information dispute.
Manhattan Systems Ltd v HMRC [2016]. Acted for the respondent trader in an action concerning disallowance of input tax by reason of alleged participation in MTIC fraud.
Paturel v DB Group Services (UK) Ltd [2015] (QB). Appeared in a complex bonus dispute in the High Court which is a leading authority on the law of the limits of contractual discretion in bonus cases.
Hussain v Lloyds Bank plc [2015] (County Court). Obtained an injunction under the Equality Act 2010 restraining the bank from closing a customer’s bank account.
Industrial Action
Although Jane’s experience has been focused on obtaining injunctions to prevent industrial action, she is interested in the issue of industrial action generally and, having originally come from a human rights set (Tooks Chambers), she is happy to act for both sides of an industrial action dispute.
Ministry of Justice v Prison Officers Association [2017] (QB). Appeared in the High Court successfully obtaining in injunction restraining the Prison Officers Association from taking industrial action and committing breaches of discipline.
- Inquiries
Jane’s main area of specialism for Inquiry work is in the health sector.
Grenfell Inquiry [2020]. Instructed to give advice to the Inquiry.
Kark Review (2018). Instructed by the Department of Health as Junior Counsel in a review of the effectiveness of the Fit and Proper Person test in assessing potential cases of misconduct of senior management in the National Health Service.
- Judicial Review
Jane’s experience of Judicial Review work is focused on challenges to environmental regulation.
NFU Cymru v Welsh Government [2021] QB. Acting in a Judicial Review claim against the Welsh Government in an agricultural pollution dispute.
- Career
2020 Appointed to Attorney General’s “A” Panel of Junior Counsel to the Crown
2015 Appointed to Attorney General’s “B” Panel of Junior Counsel to the Crown
2012 Joined Essex Court Chambers
2004 Joined Tooks Chambers
2004 Called to the Bar (Middle Temple)
2003 Visiting lecturer in Employment Law, South Bank University
2002 Deputy Head of Employment, Fisher Meredith
2001 Qualified as Solicitor Advocate (All Proceedings)
2000 Assistant Solicitor, Employment department at Herbert Smith (until 2002)
1998 Assistant Solicitor, Employment department at Linklaters
1998 Qualified as a Solicitor (England & Wales)
1996 Trained at Mishcon de Reya
- Education
1996 LPC, College of Law (London)
1995 BA (Law), Cambridge University
1992 MA (History), Aberdeen University (First Class)
- Awards
1996 Victoria Fisher Memorial Prize for dissertation
- Memberships
- Employment Law Bar Association, Employment Lawyers Association, Industrial Law Society
- Institute of Employment Rights
- Discrimination Lawyers Association
- Arbitral Women
- London Court of International Arbitration, International Court of Arbitration
- The European Circuit, American Bar Association
