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 delivered a very well received seminar on restrictive covenants in 2015 across the South West and is currently delivering an update on Reasonable Adjustment claims following the Court of Appeal decision in Griffiths v DWP [2015] EWCA (Civ) 1265

Recent Instructions include

Re: SR – Representing the Respondent, a large national charity in a nine day hearing concerning whistleblowing and disability discrimination at Birmingham ET in October 2016.

Re: K – Representing the Claimant in a multi-facted discrimination claim with the central issue being an allegedly forged contract.  Nine days of evidence were heard at Huntingdon ET with judgment due in September 2016.

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 MH – Representing the Claimant in a redundancy claim against the NHS which was heard over three days at Central London ET in January 2016.  Currently awaiting a remedy hearing to pursue reinstatement in October 2016.

Re: JF – Represented the Respondent 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.

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

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    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?

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    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?

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