Professional practice

C&P 2017

Jane is ranked as a leading Junior for Employment and is described by Chambers and Partners (2021) 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 specialises in employment, commercial employment and human rights disputes, particularly those with a trade union, health or European angle. She has a wealth of experience in the following areas: equality and discrimination, whistleblowing, trade union issues, health & safety issues, public enquiries, restraint of trade, confidential information and breaches of fiduciary duty as well as urgent and injunctive matters.

Jane is equally adept in High Court proceedings and Employment Tribunal proceedings, whether as a senior junior, unled or as part of a team. She has particular interest and expertise in appellate work and public inquiries.

Jane is regularly instructed in high-profile, sensitive and complex matters. She was recently instructed on the Grenfell Inquiry and is currently instructed in a case in the Court of Appeal concerning the worker status and Article 11 (freedom of association) rights of foster carers (National Union of Professional Foster Carers v Certification Officer) and a case in the Employment Appeal Tribunal concerning whether comments about Transwomen are protected as a “belief” under the Equality Act (Forstater). She was also instructed in one of the only cases about whether the withdrawal of certain services by prison officers was unlawful warranting the imposition of a permanent injunction (Prison Officers Association v Ministry of Justice).

Jane has recently been appointed to the Attorney General’s “A” Panel of Junior Counsel to the Crown. She has acted on a range of matters for the United Kingdom Government in the High Court and tribunals.

Jane regularly lectures on equality issues at the Europäische Rechtsakademie (ERA) in Trier, an organisation supported by the European Commission, which provides training to lawyers and Judges from all over Europe. She is a regular speaker on employment matters on radio station LBC and has appeared on the Nick Ferrari and Ian Dale programmes.

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 for Employment Law by Chambers & Partners and Legal 500. Recent directory comments include:

The Legal 500 2021 – Employment:

“Highly impressive knowledge of a range of complex employment law issues.”

Chambers & Partners UK Bar 2021 – Employment:

“She’s extremely bright, very approachable and very quick to respond.”

“She has really brilliant expertise in the law and is very good at communicating it.”

Who’s Who Legal UK Bar 2019: Labour, Employment & Immigration

“A great advocate.”

Chambers and Partners, 2018:

Brilliant and insightful. She is incredibly thorough and has a fantastic bedside manner.”

A super-intelligent junior. She is incredibly friendly and approachable, which makes her a real asset to have on a case.”

The Legal 500, 2018:

She is incredibly hardworking and very user-friendly.”

Chambers & Partners, 2017:

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.”

The Legal 500, 2017:

She is incredibly tenacious and has repeatedly demonstrated a willingness to go the extra mile for clients.”

Chambers and Partners:

Has an extremely diverse employment practice and noted expertise in both commercially focused employment matters and discrimination work. She is praised for providing definitive advice, with one source noting that “she tells clients what they need to hear rather than what they want to hear.”

“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.

The Legal 500:

She works incredibly hard and wears her labours lightly.”

Real pleasure to work with

Excellent legal knowledge and very strong cross-examination skills.”

Examples of Notable Cases

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.

Forstater [2021] (Employment Appeal Tribunal) [2019] (Employment Tribunal). Appearing as Sole Counsel in the EAT (and below in the ET) in a case regarding whether comments about Transwomen are protected as a “belief’ under the Equality Act 2020.

Grenfell Inquiry [2020]. Instructed to give advice to the Inquiry.

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.

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.

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.

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.

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.

Saldanha v HMRC UKEAT/67/17. Appeared as Sole Counsel in the Employment Appeal Tribunal (and in the Employment Tribunal) in a race discrimination matter concerning promotion.

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 QC  and latterly as Sole Counsel) in a dispute concerning the allocation of entitlements pursuant to the Common Agricultural Policy.

Ukwu v Afren Plc & Ors [2017]. Appeared in a complex tribunal matter involving allegations of fraud and whistleblowing.

Live Nation v (1) Homer (2) Leighton-Pope [2016] (QB). Acted in a team move and misuse of confidential information dispute.

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.

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.

Air Charter v Barber (QB) [2014] (QB). Appeared as Sole Counsel in obtaining an injunction preventing a former employee from joining a competitor and requiring her to abide by her post-termination restrictive covenants and deliver up confidential information.

Ariadne Capital v Serageldin [2013] (QB). Appeared in injunctive proceedings in the High Court concerning a dispute involving the misuse of confidential information.

Williams v Wilsons Solicitors LLP [2012] (Ch). Appeared in complex litigation including a claim for substantial damages for misrepresentation (worth £6.65 million).

DWPF v Lydon and others [2012] (QB). Acted in an action for breach of fiduciary duty and breach of confidentiality.

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.

Claimant v Shariah Compliant Investment Bank (2012) (London Central Employment Tribunal). Appeared for employer bank in complex whistleblowing and religious discrimination dispute.

Claimant v South Wales Police (2011) (Cardiff Employment Tribunal). Appeared as Sole Counsel for employee in whistleblowing claim involving sex trafficking issues.

Nicholson v University of Bath (2010-2012) (Bristol Employment Tribunal). Appeared as Sole Counsel for employee in in a complex disability discrimination claim involving complicated pension loss calculations.

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.

Claimant Care Home v (1) Police Authority (2) Local Authority (County Court) (2010 2011). Appeared as Sole Counsel in the County Court for Claimant in goods and services race discrimination claim.

Pymn and Brook v the Land Registry (Case Nos: 3102028/09 & 3102027/09 & 3105521/09) (2011). Appeared (with John Hendy QC 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.

Furbear v Heddmara Limited (UEAT/1541/10). Appeared as Sole Counsel, instructed by the Equality & Human Rights Commission, in the Employment Appeal Tribunal for employee in pregnancy discrimination case.

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).

Townsend v Premier Beswick Paper (2010) (East London Employment Tribunal). Appeared as Sole Counsel, instructed by the Equality & Human Rights Commission, for employee in pregnancy discrimination claim.

Claimants v Company (plc) (2010) (various Employment Tribunals in England). Acted for employer plc in 7 unfair dismissal claims involving allegations of financial irregularity.

Tim Corrie and Duncan Hayes v PFD Group Limited [2008] (QB). Acted for a talent agency in an action regarding the enforceability of restrictive covenants.

Advising the Victoria & Albert Museum and Westminster Abbey in relation to various matters.

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
  • The European Circuit
  • Discrimination Lawyers Association
  • Honorary member, American Bar Association’s Young Lawyers Division