We use cookies to offer you a better experience and analyse site traffic.

By continuing to use this website, you consent to the use of cookies in accordance with our Cookie Policy.

Jason Braier

Call 2002
Telephone 020 7831 0222
Email [email protected]

Profile Privacy Notice vCard

Jason Braier

Call 2002
Telephone 020 7831 0222
Email [email protected]

Profile Privacy Notice vCard

Jason is a very experienced employment law specialist, adept in all areas of practice but with a particular interest in discrimination and whistleblowing cases. Highly regarded for his meticulous approach to all aspects of case preparation, he is responsive, an effective strategist and very good with clients. Jason has built a reputation for his knowledge and analysis of case law, with thousands of employment lawyers, academics, students and even judges following him on social media to read his commentary on the latest appellate decisions.

Employment Law

Jason has extensive experience acting for both employers and employees in claims and appeals involving all aspects of employment law, including unfair dismissal, contractual claims, all forms of discrimination, whistleblowing, TUPE and jurisdictional issues. His recent clients include major banks, supermarkets, tech companies, senior solicitors and local authorities.

Jason has a particular interest in discrimination and whistleblowing claims, and is often instructed in high-value, complex and sensitive matters. Among the many interesting discrimination cases in which he has been involved, Jason appeared in the Court of Appeal in the leading case on post-termination victimisation, Jessemey v Rowstock Ltd [2014] IRLR 368.

Jason delivers regular seminars and webinars, both as part of Chambers’ programme and also for individual firms of solicitors and specialist organisations. Jason writes regularly on employment law matters, both on his Twitter account @jasonbraier and for a range of publications (see Articles below).

Examples of Cases of Interest

Lasdas v Vanquis Bank plc and Rethink Group Ltd – Representing the bank in defending indirect race discrimination allegations concerned with the identification requirements for regulatory checks [2024, ongoing]
Roy Morgan v Greencore Food Ltd – Represented the Respondent in a race discrimination case in which the Claimant left the Tribunal midway through cross-examination and refused to return [2024]
Toughfar v Search Education Trust – Successful defence of direct discrimination and harassment claims resulting from giving a ‘Grinch’ award to a Muslim employee [2024] – Press coverage here.
Robson v Met Office – Successful defence of discrimination arising from disability, failure to make reasonable adjustments, harassment and victimisation claims from an employee dismissed when she refused to return to the office after suffering serious injury from a dog bite [2023-2024].
Daniels v United National Bank Ltd and Another – Representing the Respondent bank in a wide-ranging whistleblowing claim brought by its former Chief Risk Officer. The case involved considerable review of the PRA regulatory framework [2022-2023]
Sims v LM Technologies Ltd – Successfully defending an unfair dismissal claim made by the Respondent’s founder, persuading the Tribunal that it was reasonable to effect a dismissal on SoSR grounds without carrying out any process before doing so, and successfully resisting an appeal against a registrar’s order [2021-2023].
Digpaul v Entrust Datacard Corp – Successfully defended against race discrimination, TUPE and unfair dismissal claims from the relocation of a senior manager’s role from the UK to the USA. The case involved interesting novel arguments on when a single person constitutes an organised grouping of employees under Reg 3 TUPE Regs and whether relocation of a role to a country with protective citizenship requirements for employment amounted to indirect discrimination [2019-2020].
Kumbharati v Network Rail – Representing the company in defending wide-ranging equal pay, discrimination and whistleblowing detriment and dismissal claims, including multiple successful strike out and deposit order applications and successfully resisting an interim relief application [2019-2023]
Bampton v. Chief Constable of Nottinghamshire Police (Home Office intervening) – Represented the claimant in an equal pay and PTW Regs challenge to the lawfulness of the ill-health pension provisions of the Police Pension Regulations 1987 (led by Daphne Romney QC) [2015-2017].
Feltham v. Feltham Management Ltd & Others [2017] (UKEAT/0201/16) – Represented the respondent in an 8-day unauthorised deduction, unfair dismissal and discrimination claim and in an EAT appeal whose issues included when a dismissal occurs and the shifting burden of proof in discrimination claims.
Sheredes School v Davies [2016](UKEAT 0196/16) – On behalf of the school, Jason successfully appealed an ET’s decision not to strike out an unfair dismissal claim for being presented out of time in circumstances where the claimant’s solicitor was intervened in by the Law Society days before time limits expired. HHJ Shanks described the case as being argued “with skill and enthusiasm”.
Adebowale v Isban UK Ltd & Others [2015] (UKEAT/0068/15) – Persuaded the EAT to resurrect most of the Claimant’s direct discrimination and harassment claims, all of which had been struck out at a preliminary hearing at which the Claimant had represented himself. Laing J praised the submissions as ‘very ably argued’.
Jessemey v Rowstock Ltd [2014] IRLR 368 – Junior counsel for the respondent company in this leading Court of Appeal case about post-termination victimisation and statutory construction

PUBLICATIONS

BOOKS

International Adoption (Jordan Publishing, 2012) – co-author

ARTICLES

Case note on Earl Shilton Town Council v Miller (Feb 2023) for 42BR Barristers website
Less favourable treatment and protected characteristics (24.02.23) for Local Government Lawyer
Regular case notes for Discrimination Law Association Briefings and for Daniel Barnett’s Employment Law Bulletin
Protecting whistleblowing research: a step too far? (01/11/19) for ELA Briefing, with Shoshana Bacall of Fox and Partners LLP
“Something arising” from disability – the stretchiest words of the Equality Act 2010 (21/08/19) for XpertHR
Positive action in recruitment: Cost of getting it wrong (11/04/19) for XpertHR
Pay terms for shared parental leave: the implications of Ali and Hextall (06/06/2018) for Practical Law Employment Blog
Risk assessments for breastfeeding workers (20/02/2018) for Practical Law Employment Blog
ET fees order declared unlawful ab initio (26/07/2017) Field Court Website
Is this article in the public interest? – Chesterton explained (12/07/2017) Field Court Website
Ours is not to reason why – Essop and Naeem examined (05/04/2017) Field Court Website
TUPE – service provision changes and the ‘principal purpose’ (27/03/2017) Local Government Lawyer
When is misconduct ‘gross’ and what compensation can be claimed for wrongful dismissal? (27/01/2017) Field Court Website
Indirect discrimination by association – the problems with CHEZ (26/01/2106) Field Court Website
Autoclenz Ltd v. Belcher & ors: Sham Contracts (October 2011) ELA Briefing
Calling Time on Sham Contracts in Employment (15/12/2009) Local Government Lawyer
When Is a Fetter Not a Fetter? (2005) 10 JR 216
Judicial Review for Material Unfairly Presented to the Decision-Maker (2005) 10 JR 156
More than a thousand threads analysing employment case law on Twitter

PODCASTS AND WEBINARS

Avoiding the pitfalls of the badly drafted Unless Order – 42BR Barristers webinar (23.06.23)
Bang out of Order! (looking at the unambiguous impropriety exception to the without prejudice principle) – 42BR Barristers webinars (23.09.22)
The Pandemic: Disruption, Acceleration, Revolution? – 42BR Barristers seminar (17.11.21)
Flexible Working – Employment Law Matters podcast, season 3 episode 7

Follow me for my employment law commentary on X at @jasonbraier

Related News

Employment Webinars - Autumn to Winter 2024

Watch the recordings of our Employment Law Webinars, which took place between September to December 2024.

Published: 3rd Dec 2024

Jason Braier acted for employer in The Grinch discrimination case

Jason Braier represented the respondent in Toughfar v Search Education Trust, successfully defending claims of direct religious discrimination and harassment.

Published: 18th Apr 2024

Employment Relations (Flexible Working) Act 2023

Jason Braier discusses the Employment Relations (Flexible Working) Act 2023.

Published: 24th Jul 2023

Employment Webinar: Avoiding the pitfalls of the badly drafted Unless Order

Jason Braier and Jamie Fireman present the next Employment Law webinar in our series.

Published: 23rd Jun 2023

UNLESS you subscribe to this webinar, you may be disappointed (a.k.a. Avoiding the pitfalls of the badly drafted unless order)

A 42BR Employment Webinar, presented by Jason Braier and Jamie Fireman.

Published: 30th May 2023

Jason Braier discusses Earl Shilton Town Council v Miller

The case considered the provision of toileting facilities and whether female staff were treated less favourably than male staff when using the same facilities

Published: 3rd Feb 2023

More news

Direct Access

Jason is authorised to accept instructions direct from members of the public. He encourages clients who are considering this route to contact Chambers and discuss their problem.

Areas of Expertise

Employment

Scholarships and Awards

Drapers Company Prize for final year exam performance
Major Scholar, Inner Temple

Memberships & Committees

Employment Lawyers Association
Employment Law Bar Association
Industrial Law Society

Education

LLB (London) (2:1) (placed 4th in year)
LLM (Comparative, European and Public Law) (Birmingham) (placed top in year)
BVC (Very Competent) (BPP) (placed 3rd in year)