Breach of Confidence /Privacy/Data Protection

Jonathan is currently instructed in a high value claim involving allegations of stealing and using confidential lists.

In 2021, Jonathan was commissioned to carry out an investigation by a local authority into serious breaches of confidentiality where the employee relied upon provisions of GDPR as a defence to his actions. 

In February 2017 Jonathan successfully defended an application for interim injunction in the High Court before William Davis J, (S3 Sciences Ltd v Griffiths) brought against his client by a former employer who was alleging breach of confidentiality in relation to what he claimed was a confidential list of contacts.  The application was refused and client was awarded her costs on an indemnity basis.

Bonus and Commission Claims

In 2023 and 2024 Jonathan was regularly instructed in disputes about non-payment of bonus or commission.  He has experience of acting in such claims at trial and on appeal in the Court of Appeal: GX Networks Ltd v  Greenland [2010] IRLR 991, CA.

Business Protection/Restrictive Covenants

Jonathan acts for both parties in business protection disputes. In 2021, he acted for a major haulage firm in a claim against multiple defendants alleging a conspiracy to transfer business in breach of restrictive covenants and the transfer fee regime in Conduct of Employment Agencies and Employment Businesses Regulations 2003.   He is currently instructed in a major ongoing conspiracy claim on behalf of a telecoms provider company involving breach of contractual and Directors’ Duties.   

He successfully represented the claimant in an unusual case of a claim for breach of restrictive covenants and conspiracy coming to full trial: Croesus v the Bradshaws [2013] EWHC 3685 QB.

Commercial Agents

Jonathan has experience of advising and litigating for both agents and principals under the Commercial Agents Regulations in relation to claims upon termination of the agency.

Conflict of Laws/Territorial Jurisdiction

In 2023, Jonathan acted for a major budget airline successfully striking out a claim against it brought by a pilot based in a different jurisdiction.  The claim engaged all the issues that arises in international legal disputes and the effect of the Brussels Regulation in employment claims post Brexit.  

Conspiracy and the Economic Torts

In 2021 and 2022, Jonathan acted for a defendant a business competition conspiracy claim.  He is currently instructed in a major high court unlawful means conspiracy action and he has represented successful the claimants in such an action in the High Court: Croesus v the Bradshaws [2013] EWHC 3685 QB.   In 2024, he has been advising a manufacturing firm on potential anti-strike injunctions. 

Consumer Rights

Jonathan advises and has acted in claims involving consumer rights legislation.  He has recently advised on consumer rights in the context of a domestic building dispute and he has acted on behalf of a claimant in a dispute alleging unfair terms in the carriage contract of a national airline.

Directors Duties

Jonathan acts in disputes involving breach of Directors’ Duties especially where they overlap with employment disputes and unlawful post termination competition. He is currently instructed in a major ongoing conspiracy claim on behalf of a telecoms provider company involving breach of contractual and Directors’ Duties.   

Discrimination in the provision of goods and services, housing and public functions

In 2023, Jonathan represented the management association of a block of flats in a claim brought against it for disability and sexual orientations by one of the residents.   In 2024, he acted for a local authority in a similar claim.   

In 2023, he advised restaurants and bars, GP and dental practices in relation to reasonable adjustments for disabled persons.  

In the past he has even acted for a national airline of a Gulf state in a claim brought by the Royal Family of that state in relation to a dispute arising from the refusal to permit members of the royal family to board a flight where it was alleged the reason was their nationality. 

Employment Agencies and Conduct of Employment Agencies and Employment Businesses Regulations 2003

In 2023 and 2024, Jonathan has advised and acted in disputes relating to transfer fees arising from the engagement of temporary workers and agency staff to which these complex regulations apply.

In 2023, Jonathan advised a leading university in relation to its apprenticeship scheme and whether it would engage the Employment Agencies and Conduct of Employment Agencies and Employment Businesses Regulations 2003.  

He also advised a major haulage firm in relation to transfer fees under those Regulations.   In 2024, Jonathan was instructed in commission fee dispute against a major hotel chain. 

Partnership Disputes

Jonathan has experience of advising in partnership disputes particularly health providers such as GP and dental practices.   He has experience of advising GP and dental practices on their obligations in relation to the various quasi contractual arrangements they regulate how they provide their services to the public.

Pensions

Jonathan acts in pension disputes as they arise in the employment context including advising in disputes before the Pensions’ Ombudsman.  For example, in 2024, he advised a major employer on its compliance with the Auto Enrolment scheme.  In the past he has advised a major police force on the effect advice it gave about the changes to pension scheme members of A-day.

Share options disputes

Jonathan advises in disputes relating to the exercise of share options following the termination employment.   He has particular expertise on the effect of good leaver/bad leaver clauses. 

TUPE

Jonathan gives advice in relation to the commercial considerations that should be considered in sale and purchase agreements or contracting out, re-tendering or insourcing exercises which give rise to a TUPE transfer.   

In 2022 he provided training to London local authorities on the effect of the law relating to pension rights and TUPE, including the Beckmann exception and the requirements of the Best Value Authority Staff Transfers (Pension) Direction 2007, the Fair Deal Policy, the Pension Protection Regulations 2005 and Auto-enrolment on contracting out, re-tendering or insourcing exercises carried out by public bodies.

Unjust Enrichment

Jonathan has defended claims against statutory water undertakers in claims for reimbursement of the VAT.

Jonathan has extensive experience of county claims seeking to recover overpayments of wages from both existing and former employees.  He successfully defended such a counterclaim in the group action brough by the royal protection squad: Prior v the Commissioner of Police of the Metropolis [2022] ICR 398.

Jonathan defended the former General Secretary of a major trade union in a claim for alleged unlawfully claimed expenses by his former union.

Water Law

Jonathan advises statutory water undertakers on all aspects of the Water Industry Act 1991.

In 2021-4 he has been instructed in several disputes arising the undertaker’s delay in making a connection to the main and in 2023 was instructed to advise in relation to a major commercial dispute arising out of the failure to make a connection in the context of the Bulk Supply regime.  

Reported & Interesting Cases

• Prior v the Commissioner of Police of the Metropolis [2022] ICR 398, High Court
• GX Networks Ltd v. Greenland [2010] IRLR 991, CA Contractual commission dispute.
• Rice and Thompson v. Secretary of State for Trade and Industry [2007] ICR 1469, CA Workplace duties of care in negligence.