Jason Braier

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

• 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, ongoing]
• 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 [2021-2022].
• 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 ongoing 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 [2019-2021, ongoing]
• 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].
• Represented a global team leader solicitor in defending against two multi-million pound sexual harassment claims (led by James Laddie QC) [2020-2021]
• 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 42 Bedford Row 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

• Bang out of Order! (looking at the unambiguous impropriety exception to the without prejudice principle) – 42 Bedford Row webinars (23.09.22)
• The Pandemic: Disruption, Acceleration, Revolution? – 42 Bedford Row seminar (17.11.21)
• Flexible Working – Employment Law Matters podcast, season 3 episode 7

 

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

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