Jason is a busy specialist in employment law, with experience across a wide range of cases. He has a particular interest in discrimination law and was involved as junior counsel Rowstock Ltd v. Jessemey  IRLR 368. The founder of Field Court’s Employment Law Group and newsletter, Jason lectures and writes extensively on employment law and regularly delivers legal training seminars for which he receives consistently excellent speaker feedback.
Jason also appears in immigration appeals and has a niche practice representing local authorities in responding to applications for third party disclosure. He regularly represents many London boroughs and is consistently praised by judges for his thoroughness.
Jason is able to accept instructions directly from members of the public.
If you would like any further information regarding Jason Braier’s practice, please contact his clerks or call +44 (0)20 7405 6114.
Jason has extensive experience acting for both employers and employees in cases involving all aspects of employment law, including unfair dismissal, contractual claims, all forms of discrimination, whistleblowing, TUPE and jurisdictional issues.
With a particular interest in discrimination law, both within and outside the employment field, Jason appeared as junior counsel in the Court of Appeal in Rowstock Ltd v. Jessemey  IRLR 368.
Jason founded Field Court’s Employment Law Group and its quarterly employment newsletter, and gives regular well-received seminars and workshops. Recent training Jason has delivered incudes an annual discrimination law update, a webinar on religious dress in the workplace and a mock tribunal for the British Transport Police.
Jason also writes employment law articles for a variety of publications and is well-regarded for his analyses on Twitter of new case law and other issues of interest to employment lawyers.
Current and recent cases of interest
- Feltham v. Feltham Management Ltd & Others – Represented the respondent in an 8-day unauthorised deduction, unfair dismissal and discrimination claim and in a wide-ranging appeal before the EAT (see Notable cases, below)
- Rachel Burns v Surrey County Council – Represented the local authority in this unfair dismissal and disability discrimination claim that was widely reported in the media, including a Radio 4 documentary and a slot on The One Show on BBC1.
- H v. Commissioner of Police of the Metropolis & Another – Representing the claimant in a wide-ranging whistleblowing claim against the police.
- E v. NHS – Representing the claimant in a breach of contract claim concerning pension loss resulting from breach of the implied duty to inform about a valuable contractual right.
- G v. Estate Agent – Successfully represented the claimant in a claim for direct age discrimination and constructive dismissal arising from comments that the claimant, in her 60s, would be more suited to a ‘traditional estate agency’.
- Feltham Management Ltd & Others v. Mrs J Feltham & Others  UKEAT 0201/16/RN (21 December 2017) – Represented the appellant in a wide-ranging appeal concerned, among other matters, with when a dismissal occurs and the shifting of the burden of proof under section 136 Equality Act 2010.
- Bampton v. Chief Constable of Nottinghamshire Police (Home Office intervening) – Represented the claimant in an equal pay and PTW Regs challenge to the lawfulness of the ill-health pension provisions of the Police Pension Regulations 1987 (led by Daphne Romney QC).
- Sheredes School v Davies  UKEAT 0196_16_1309 (13 September 2016) – Representing the school in successfully appealing an ET decision on unfair dismissal time limits. The claimant is currently awaiting the outcome of an application for permission to appeal to the Court of Appeal. HHJ Shanks described the case as being argued “with skill and enthusiasm”.
- Adebowale v Isban UK Ltd & Others  UKEAT 0068_15_0508 (05 August 2015) – Appearing for the Claimant, Jason successfully had resurrected most of the Claimant’s direct discrimination and harassment claims, all of which had been struck out at a preliminary hearing at which the Claimant had represented himself.
In her judgement Mrs Justice Laing commented:
“The appeal was very ably argued by Mr Braier for the Appellant and by Mr Mansfield QC for the Respondent. I am grateful to both of them for their helpful skeleton arguments and focussed oral submissions.”
- Aurelie Fhima v. Travel Jigsaw Ltd – Appeared on behalf of the successful claimant in an indirect discrimination claim for a Jewish job applicant turned down for a job solely because she could not, for religious reasons, work on Saturdays.
- Public law & government
Jason has extensive experience in asylum and immigration law, and appears regularly in the First-Tier and Upper Tribunals of the Immigration and Asylum Chamber, as well as in judicial reviews. He appears across the full range of cases in this area, including asylum, deportation, EEA, PBS, family entry and human rights appeals.
Jason is the author of the immigration chapter in ‘International Adoption’ (Jordans, 2012) (a book he co-authored with Ruth Cabeza and Ayeesha Bhutta).
Cases of interest
- Januzi v Secretary of State for the Home Department; Hamid, Gaafar and Mohammed v. Secretary of State for the Home Department  UKHL 5;  2 AC 426. Instructed by the Secretary of State as second junior (with Rabinder Singh QC and Lisa Giovannetti); the case concerned the factors to be taken into account in determining whether it would be unduly harsh for an applicant for refugee status to internally relocate within the home country.
- R (Razgar) v Secretary of State for the Home Department  UKHL 27;  2 AC 368 (establishing the extraterritorial effect of Article 8 ECHR) (involved as pupil to Michael Fordham).
Public Interest Immunity
Jason acts for a number of local authorities in responding to witness summons seeking third party disclosure in criminal trials, including those with complex questions about the dual interplay between the jurisdiction of the criminal and family courts.
Jason has advised and acted for parties in numerous commercial contract disputes involving questions of contractual construction, validity and breach.
- Judicial Review for Material Unfairly Presented to the Decision-Maker (2005) 10 JR 156
- When Is a Fetter Not a Fetter? (2005) 10 JR 216
- Calling Time on Sham Contracts in Employment (15/12/2009) Local Government Lawyer
- Autoclenz Ltd v. Belcher & ors: Sham Contracts (October 2011) ELA Briefing
- International Adoption (Jordans, 2012), co-author with Ruth Cabeza and Ayeesha Bhutta
- Indirect discrimination by association – the problems with CHEZ (26/01/2106) Field Court Website
- When is misconduct ‘gross’ and what compensation can be claimed for wrongful dismissal? (27/01/2017) Field Court Website
- TUPE – service provision changes and the ‘principal purpose’ (27/03/2017) Local Government Lawyer
- Ours is not to reason why – Essop and Naeem examined (05/04/2017) Field Court Website
- Is this article in the public interest? – Chesterton explained (12/07/2017) Field Court Website
- ET fees order declared unlawful ab initio (26/07/2017) Field Court Website
- Risk assessments for breastfeeding workers (20/02/2018) for Practical Law Employment Blog
- Regular contributions to Daniel Barnett’s Employment Law Bulletin
- Regular case notes for Discrimination Law Association Briefings
- Additional professional information
- Jason spent three terms in 2005 as the Judicial Assistant to Lord Phillips of Worth Matravers MR (as he then was).
- He runs the annual Sir Peter E. Lazarus Debating Competition for 16-18 year olds.
- Prior to pupillage, Jason spent a year working for a city firm of solicitors, concentrating mainly on employment, planning, environmental and contract law cases.
- LLB (Hons) (London)
- LLM (Comparative, European and Public Law) (Bham) (Distinction)
- Major Scholar, Inner Temple (2001-2002)
- Drapers’ Company Prize (1999)
- Professional memberships