Jesse is recognised as a leading employment junior, in particular for his expertise in appellate work, whistleblowing and discrimination claims. He as a broad employment and equality practice acting for both claimants and respondents/defendants. His workload covers the full range of employment disputes: whistleblowing and discrimination; restrictive covenants, confidentiality and soft-intellectual property; collective rights and industrial action; contractual claims; and TUPE. He is a contributing editor to Discrimination Law (Bloomsbury Professional): chapters on Discrimination at Work and Exceptions and Defences.
Jesse’s employment work often overlaps with his commercial practice, and he is regularly instructed in claims arising from agency/consultancy contracts and employment-related aspects of professional liability and insurance law.
He is regularly instructed in the Employment Tribunals and County Courts, as well as appearing in the Queen’s Bench and Chancery Divisions of the High Court, the Employment Appeal Tribunal, the Court of Appeal and the Supreme Court.
Jesse is also instructed to conduct or act for parties in internal investigations and appeal processes, including into allegations of discrimination, harassment and victimisation, and allegations relating to disciplinary action and dismissals.
His client base includes multinational and FTSE 100 companies, police forces and NHS trusts, SMEs, charities and trade unions, senior executives and other individuals. He is a member of ELA, ELBA and ELAAS and undertakes pro bono work via the FRU / Advocate where appropriate.
Examples of recent work:
- Aquatronic Group v Mace (2019) UKEAT/0192/17: acted for successful Claimant in appeal concerning the proper approach to substitution
- Thompson v Ark Schools  ICR 292, EAT: instructed for Respondent school in appeal concerning misdirection of fact / failure to give adequate reasons
- P v Commissioner of Police of the Metropolis  ICR 560, SC: represented the Respondent in case concerning judicial immunity of police misconduct panels and interplay with directly-effective EU rights under the Framework Directive (sole counsel at first instance and before EAT; led by Tom Linden KC in Court of Appeal and Supreme Court)
- Choksi v Royal Mail Group Ltd (2018) UKEAT/0105/17/LA: acted pro bono in successful appeal concerning the correct approach to making a costs award
- Galilee v Commissioner of Police of the Metropolis  ICR 634, EAT: acted for respondent in appeal concerning the date on which a claim added by amendment is deemed to have been brought for limitation purposes
- Windstar v Harris  ICR 847, EAT: represented the successful claimant at first instance and on appeal in establishing territorial jurisdiction of employment tribunal over employment of peripatetic merchant seaman
- Nayif v High Commission of Brunei Darussalam  EWCA 1521: assisted Robert Glancy KC in case concerning issue estoppel in circumstances where the ET did not have jurisdiction and proceedings were subsequently brought in the High Court
- Royal Mail Group v Lall  All ER (D) 272: appeal concerning substitution in unfair dismissal claim and the proper approach to costs under the EAT’s costs regime;
- Instructed in a number of matters currently pending appeal to the EAT
Employment Disputes in the Civil Courts (injunctions and other employment-related disputes)
- KS v New Co (2019)(Ch): obtained a ‘doorstep Piller’ order in respect of intellectual property and confidential information obtained by the Defendant, a former consultant to Claimant company, with which the Defendant had established a new business in direct competition
- A v Solicitors Firm (2019)(CC): acted for Defendant in solicitors’ negligence claim arising from alleged failure to lodge ET proceedings in time
- Renewables Co v Former Employee (2018)(KBD): acted for Claimant in obtaining interim relief to enforce non-compete and confidentiality obligations against departing employee
- Teacher v Governing Body of School (2018)(KBD): instructed for Defendant in resisting injunction seeking specific performance of employment contract
- M v Insurer Panel Solicitors (2018)(KBD): instructed for Defendant in solicitors’ negligence claim arising from alleged failure to advise on and pursue discrimination claim in ET proceedings
- Talent Agent v Singer (2018)(CC): acted for successful talent agent in claim for breach of agency agreement and damages against singer who as part of a group won TV talent contest, switched agent and had significant commercial success
- O’S v Construction Co (2017)(KBD): acted for Defendants in breach of contract claim brought by former MD of construction companies relating to remuneration, bonus and profit share
- F v Academy School (2017): acted for Defendant in dispute concerning fraudulent misrepresentation in inducing employment relationship;
- X & Y v Betting Co (2017) (KBD) - instructed (with Andrew Burns KC) for respondent retailer in seeking injunctive relief following Claimants’ retention and use of highly sensitive privileged and confidential information in context of wider whistleblowing dispute and concurrent HSE investigation;
- Recruitment Co v (1) Former Employee and (2) New Recruitment Co (2016)(CC): acted for Second Defendant in successfully resisting injunction based on alleged inducement to First Defendant to breach his restrictive covenants
- NB v PHI Insurer (2015)(KBD): acted (with Nick Randall KC) in challenge to PHI insurer’s reliance on cap on Ombudsman’s award to defeat all claims by beneficiary under PHI policy
- SB v Former Solicitor and Counsel (2015)(KBD): instructed (with Andrew Burns KC) for Second Defendant in professional negligence claim brought against Claimant’s former solicitor and counsel following alleged under settlement of ET claim
- City Link strike (2013)(KBD): acted for CityLink (led by Timothy Brennan KC and Andrew Burns KC) in claim for injunctive relief to prevent a strike and advising CityLink on its response to wider industrial dispute.
Employment Tribunal Litigation
- Instructed in full gamut of litigation before the Employment Tribunal, including those areas listed below.
Discrimination and Whistleblowing
- Frequently instructed in lengthy and complex discrimination and whistleblowing cases, including:
- X v Defence Contractor (2020): instructed in two-week trial concerning dismissal of contractor for misuse of sensitive information;
- P v Met (2020): acted for Respondent police force in successful defence of first discrimination challenge to dismissal decision taken by police misconduct panel;
- M v Consultancy (2020): instructed for Respondent in disability discrimination and constructive dismissal claim brought by company director following alleged stress at work followed by failure of Respondent to address issues appropriately;
- C v Police Force (2020): defended police force in multi-week whistleblowing detriment and race discrimination following allegations of perverting the course of justice made against more senior officer;
- JM v Construction Co (2020): instructed for Respondent in multi-week ET hearing concerning CEO’s alleged sexual harassment of junior employee;
- A v Government Department (2020): instructed for senior civil servant in disability discrimination and constructive dismissal claim following fundamental change to Claimant’s role which was unsuitable due to his disability;
- W v Retailer (2019): struck out disability discrimination claim on basis determination of ill-health retirement benefits could not constitute unfavourable treatment;
- K v Architect (2019): acted for individual Second Respondent in claim for whistleblowing dismissal / detriment and race discrimination brought by former General Counsel, involving complex issues concerning privilege over legal advice given by Claimant to Respondents.
- M v Charity (2018): acted for Respondent charity in claim for disability discrimination and constructive dismissal arising from suspension and disciplinary process following Respondent uncovering alleged fraud on the part of employee;
- W v Financial Services Co (2018): acted for City analyst in complex claim concerning pregnancy, sex, disability and race discrimination allegations;
- X & Y v Betting Co (2016-18): instructed (with Andrew Burns KC) for respondent betting company in sensitive whistleblowing case, involving interim relief application and dispute over Claimants' reliance on privileged and confidential material;
- L v Financial Services Co (2018): instructed for Claimant salesman in whistleblowing claim following being ostracised after raising serious concerns about conduct of colleagues misselling financial services products;
- E v Recruitment Co (2017): acted for Claimant in establishing claim for equal pay compared to male recruitment consultant carrying out like work to Claimant.
- Sitz v Oppenheimer Europe  EqLR 1209: acted for the successful claimant (with Andrew Burns KC) in high-profile sex discrimination, victimisation and unfair dismissal claim against an international brokerage house. Significant media interest, including The Times, The Times Magazine, Telegraph, Evening Standard, Daily Mail);
- Litigation and advisory work on a range of TUPE issues, including in relation to proceedings for failure to inform and consult, measures arising from transfers, TUPE in insolvency situations, and claims between employees, transferees and transferors in relation to all of the material aspects of the TUPE Regulations. Including:
- F&S v Healthcare Providers (2020): instructed for transferor in arguing ‘special circumstances’ defence to failure to inform and consult;
- T&H v Superyacht Manufacturer (2019): acting for CEO and CFO of Superyacht Manufacturing Group in establishing TUPE transfer upon acquisition of parts of business from administration;
- 12 Cs v Jewellery Co (2019): acted for purported transferor in ET claim determining breadth of TUPE transfer / assignment following acquisition of part of business from administration;
- W v Outsourcing Cos (2018): acted for transferee outsourcing company in unfair dismissal and discrimination claim pre-dating transfer;
- Transferee v Transferor (2018): acted for transferee in proceedings against transferor arising from failure to provide employers’ liability information.
- Instructed for claimants and respondents in claims concerning collective obligations under TURL(C)A and TUPE and in relation to industrial action. Instructions include:
- Instructed for transferee in respect of alleged failure to inform and consult and under TUPE and failed to meet collective consultation obligations in respect of redundancies
- Instructed in USDAW & Ors v Barratt: represented the trade union and individual claimants in obtaining maximum protective award and in establishing TUPE transfer and automatically unfair dismissal in relation to Barratts entering administration in 2011 and again in 2013; obtained maximum protective awards in favour of over 100 employees
- City Link strike (2013)(QBD) – acted for CityLink (led by Timothy Brennan KC and Andrew Burns KC) in claim for injunctive relief to prevent a strike and advising CityLink on its response to wider industrial dispute.
Status, Jurisdiction and Procedural Issues
- Instructed in a range of cases concerning employment status, the ET’s jurisdiction and other procedural issues. Cases include:
- Territorial jurisdiction cases: instructed in cases for Nautilus, the Maritime Union, in establishing territorial jurisdiction of UK ETs to determine disputes concerning seafarers who work predominantly or exclusively outside UK territorial waters. Cases include Windstar v Harris  ICR 847 and Cs v Guernsey Shipping Co: acted for 25 seafarers in claims against Guernsey Shipping Co in establishing the ET had jurisdiction to consider their unfair dismissal, redundancy and discrimination claims despite Claimants working in oilfields outside the UK and their employer being based in Guernsey.
- Privacy: acted for parties seeking and resisting anonymity and restricted reporting orders, and advising on alternative steps to protect a party’s reputation;
- Employment status and vicarious liability: instructed in wide range of cases concerning worker/employment status under ERA 1996 and EqA 2010, agency worker status, and statutory vicarious liability;
- Judicial proceedings immunity: instructed for the Metropolitan Police in a number of cases relying on judicial proceedings immunity both prior to and following the Supreme Court’s decision in P v Commissioner of Police of the Metropolis  ICR 560, SC
- Time limits: instructed in large number of cases concerning time limits, including the appeals in Thompson v Ark Schools  ICR 292, EAT and Galilee v Commissioner of Police of the Metropolis  ICR 634, EAT.
Other Statutory Rights
- Instructed in a wide range of claims concerning statutory employment rights (a number of which are noted above), including:
- Dismissal cases: instructed in numerous unfair, constructive unfair and wrongful dismissal cases;
- Claims concerning the application of the National Minimum Wage Regulations 1999 and the Working Time Regulations 1998, including claims concerning the family worker / domestic servant exceptions and concerning the proper application of reg.13A of the Working Time Regulations 1998 (additional leave) to long-term absentees in receipt of PHI benefit;
- A number of cases concerning the interpretation and application of the Agency Worker Regulations 2010.
Permanent Health Insurance
- Instructed in a range of cases concerning entitlements to, quantification of, and consequences of permanent health insurance benefits for employment relationship, including:
- F v Financial Services Firm (2019): challenge to termination of PHI payments at age 60 on grounds of age / disability discrimination;
- B v Software Co (2017): instructed for Respondent in various proceedings brought by employee in receipt of PHI concerning Respondent’s ongoing obligations during her absence from work;
- P v Hedge Fund (2017): instructed for Claimant to advise on quantification of PHI entitlement and settlement options for buy-out of PHI cover;
- NB v PHI Insurer (2015)(KBD): acted (with Nick Randall KC) in challenge to PHI insurer’s reliance on cap on Ombudsman’s award to defeat all claims by beneficiary under PHI policy.