James has a substantial employment law practice advising and representing both claimants and respondents in the Employment Tribunal and the Employment Appeal Tribunal in range of areas, including unfair dismissal, discrimination, TUPE, redundancy, breach of contract, unlawful deductions from wages.
Over the last few years James has advised on, and acted in, a number of appeals under the National Minimum Wage Act 1998 on behalf of employers and HMRC on the interpretation and application of the National Minimum Wage Regulations 2015 and the permissible deductions from pay.
James also advises on settlement agreements and negotiations concerning termination packages and post-termination restrictive covenants.
Recent and notable cases
Employment Appeal Tribunal include:
- Commissioners for HM Revenue and Customs v Lorne Stewart plc  ICR 708: Acted for the appellant in an appeal concerning the correct interpretation of the National Minimum Wage legislation.
- Johnson v UKBA UKEAT/0127/14/BA: Represented the respondent in an appeal against the Tribunal’s decision to strike out the claimant’s claim and award costs on day three of the hearing following unreasonable conduct.
- Ministry of Defence v Hensman  Eq. L.R. 670 Represented the appellant in a successful appeal against the Tribunal’s application of the law and findings of disability discrimination and unfair dismissal.
- Embassy of Brazil v DA de Castro Cerqueira  1 WLR 3718: Represented the claimant in an appeal brought by their former employer in which the EAT had to consider the validity of service of proceedings abroad under the State Immunity Act 1978.
- Balfour Beatty Rail Ltd v Mitchell UKEAT/0269/11/JOJ (2012): Represented the claimant in the respondent’s appeal in respect of the correctness of the Employment Tribunal’s application of the law regarding vicarious liability in a claim of sexual harassment.
Employment Tribunal cases include:
- Kumar v Drive Motor Retail Limited (2018): Successfully defended claims of direct race discrimination and harassment.
- Powell v Secretary of State for Work and Pensions (2015): Represented the respondent in a claim of unfair dismissal and disability discrimination.
- Blake & others v T Brown & others (2012): Represented one of three claimants in a TUPE case involving five respondents.
- Blake v Pashun Care Homes Ltd  EqLR 1293: Successfully represented the claimant in a four-day third-party sexual harassment claim.
- Sultana and others v Margaret Moran MP and others (2010): Successfully defended an application to strike out the Claimants’ claims on grounds of claims not being actively pursued and non-compliance with Tribunal orders.
- Vetta v London Dreams Motion Pictures Ltd (2008): One of the first successful cases ruling that interns should be paid the National Minimum Wage.
James has delivered seminars and training a range of topics including bringing employment claims in the County Court, enforcement, negligent references misstatement, and the National Minimum Wage Act 1998.
News & Resources
On 11 June 2019 the House of Commons’ Women and Equalities Committee published its report on the use of non-disclosure agreements (NDAs) in discrimination cases. Whilst the benefits are recognised, the use and scope of NDAs require improvements.21st June 2019 Read more
Since February 2017 Employment Tribunal decisions have been available online. It is a valuable resource but it also gives rise to the risk of victimisation, reputational damage and invasion of privacy.28th January 2019 Read more
Employers do not have a duty to take reasonable care to protect employees from economic and reputational harm in the conduct of legal proceedings.29th August 2018 Read more
Almost four years to the day since the Employment Tribunal fee regime came into force, the Supreme Court in R (on the application of UNISON) v Lord Chancellor  UKSC 51 ruled it unlawful.1st September 2017 Read more