James Bromige

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Barrister

Since completing pupillage in 2012, James has developed a successful nationwide practice, instructed on behalf of both Claimants and Respondents across England and Wales and routinely in week long or multi-week hearings. He is often involved in cases concerning large public or professional bodies, such as the NHS, Solicitors Firms or Charities.

Solicitors are delighted with his down to earth yet no nonsense approach to litigation, and his ability to give realistic and pragmatic advice to his clients with regards to prospects of success and settlement. James works alongside Solicitors from giving initial advice on merits, through to drafting the ET1 or ET3, representation at CMDs and PHRs and ultimately at Tribunal and EAT. He also has experience of reaching successful outcomes at Judicial Mediation.

Whilst accepting instructions in all areas of employment law, due to his prior experience in the Crown Court, James is frequently called upon to deal with cases of whistleblowing or discrimination, or where there is an issue of dishonestly, owing to his thorough, thoughtful and robust advocacy style.

He has a particular interest in the enforceability of restrictive covenants in employment contracts, and is regularly instructed to appear in County Courts to seek injunctive relief on behalf of employers.

James often lectures on updates in employment law. He has previously delivered a very well received seminar on restrictive covenants across the South West and Reasonable Adjustment claims following the Court of Appeal decision in Griffiths v DWP [2015] EWCA (Civ) 1265. He is currently available to deliver training on bringing appeals to the EAT.

Appellate Cases

Pulman v Merthyr Tydfil College Ltd UKEAT/0309/16/JOJ

Recent and Current Instructions include

Re: SR – James is currently instructed for a large national charity in a ten day hearing concerning whistleblowing and disability discrimination at Birmingham ET listed in late 2017, as well as preliminary hearings concerning TUPE.

Re: NG – Defending allegations of disability discrimination made by a former employee of the office of a Member of the European Parliament.

Re: BC – James is representing a Respondent College in the East Midlands for a 14 day hearing concerning 36 allegations of public disclosure detriments and direct race discrimination. Ten days of evidence were heard in June 2017 with a further four days of listed for November 2017.

Re: SG – James will be appearing at the Central London ET for eight days in October 2017 representing the Claimant, a Solicitor in a claim against her former firm for pregnancy related dismissal, unpaid statutory maternity pay and breach of contract.

Re: BF – Successfully defended a Housing Charity against 42 allegations of sex discrimination, sexual harassment and victimisation, as well as constructive dismissal. The Tribunal accepted James’ forceful submission that elements of the claim were “a logical and legal nonsense”.

Re: K – Represented the Claimant in a multi-facted discrimination claim with the central issue being an allegedly forged contract over nine days of evidence. James sought (and was granted) the unusual step of an order for disclosure by physical inspection at the Respondent’s premises after large disclosure issues arose.

Re: AM – Successfully resisted a claim for costs by the Respondent after the late withdrawal of a claim by James’ client owing to ongoing health issues.

Re: JF – Represented the Respondent, a charity, in a five day constructive dismissal case in Manchester ET. The claim concerned a series of alleged incidents going back over six years. The claim was dismissed and the Respondent’s conduct absolved.

Re: JL – Successfully represented the Respondent, a Solicitor’s Firm, in a constructive dismissal claim brought by a former Partner of the Firm.

Re: LG – Represented the Claimant in a five day whistleblowing and unfair dismissal claim against an NHS Trust with linked HCPC proceedings.

Re: SA – Represented the Respondent in a five day pregnancy related discrimination and redundancy claim at Leicester ET.

Re G – Represented the First Claimant in a six day case concerning whistleblowing after the Claimant raised concerns about abusive practices and care of a vulnerable adult. In a reserved Judgement the Tribunal found that James’ client had been the victim of a “calculated campaign” by the Respondent after she blew the whistle. At the remedies hearing James successfully argued for a maximum Vento award, resulting in £52,000 in compensation and an additional £10,000 in costs.

Qualifications

2005-2008 BA (Hons) – Royal Holloway, University of London
2008-2009 GDL/CPE – London South Bank University
2009-2010 BVC – City Law School

Interests

James is a SCUBA Diving instructor and can often be found exploring the numerous shipwrecks in the English Channel. He also enjoys cricket, ice hockey and supporting Bath Rugby.

 

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Latest News

  • Employment - 18, May
    birds appeal

    James Bromige succeeds at the Employment Appeal Tribunal

    Alternative Text
    Posted by James Dowse

    James Bromige recently appeared in the EAT representing the Appellant in the case of Pulman v Merthyr Tydfil College Ltd UKEAT/0309/16/JOJ.  The case concerned section 15 and section 20 EA 2010 discrimination claims as well as unfair dismissal.  James succeeded on two of his grounds of appeal, with the remaining grounds stayed pending referral back to the … Continue reading James Bromige succeeds at the Employment Appeal Tribunal

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  • Employment - 18, May
    geese sleep

    Is it possible to get paid whilst being asleep on the job?

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    Posted by Seán McHugh

    Yes. Case law in this area highlights the complexity of the Regulations when considering a worker who is required to ‘sleep on the job’.  Further, it appears that each case will be decided on its own facts, including the wording of the contract and the context within which it is made.  If employers fail to … Continue reading Is it possible to get paid whilst being asleep on the job?

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  • Employment - 18, May
    leaves change notice

    When is an employee deemed to have had effective Notice?

    Alternative Text
    Posted by Seán McHugh

    In the recent case of Newcastle upon Tyne NHS Foundation Trust –and- Haywood [2017] EWCA Civ 153, the Court of Appeal considered this vexed question. The Trust sent a letter to Ms. Haywood purporting to terminate her employment with 12 weeks’ notice on 20 April, 2011.  Ms. Haywood was out of the country on holiday at … Continue reading When is an employee deemed to have had effective Notice?

    Read More >
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