Jason Braier

Called 2002

Jason is a busy specialist in employment and immigration law, with considerable experience across the full range of employment claims and immigration appeals. He has a particular interest in discrimination law and was involved as junior counsel in one of the key discrimination cases of 2013-2014, Rowstock Ltd v. Jessemey [2014] 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 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.

Employment

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 [2014] IRLR 368, one of the key discrimination cases of 2013-2014.

Jason founded Field Court’s Employment Law Group and its quarterly employment newsletter, and gives regular well-received seminars and workshops.  Recent topics have included the new ET rules, key discrimination cases of 2014, a basic guide to equal pay, employment status and religious discrimination in the workplace.

Current cases of interest

  • Bampton v. Chief Constable of Nottinghamshire Police (Home Office intervening) – Representing the claimant (led by Daphne Romney QC) in an equal pay and PTW Regs challenge to the lawfulness of the ill-health pension provisions of the Police Pension Regulations 1987.
  • Feltham v. Feltham Management Ltd & Others – Represented the respondent in an 8-day unauthorised deduction, unfair dismissal and discrimination claim. The case is currently listed for appeal before the EAT.
  • 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 – Representing the claimant in a claim for direct age discrimination and constructive dismissal.

Notable cases

  • Sheredes School v Davies [2016] 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 [2015] 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.
  • Rowstock Ltd v. Jessemey [2014] IRLR 368– Court of Appeal consideration of the extent to which the Equality Act 2010 protects against post-termination victimisation (led by John Crosfill).
  • B v. Ministry of Justice – 8-day race discrimination trial involving allegations against senior civil servants.
  • H v. V Ltd – Successfully representing the Respondent in opposing a bonus claim.

 

Public law & government

Immigration

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 [2006] UKHL 5; [2006] 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 [2004] UKHL 27; [2004] 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.

Contract

Jason has advised and acted for parties in numerous commercial contract disputes involving questions of contractual construction, validity and breach.

 

Publications
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.

 

Education
  • LLB (Hons) (London)
  • LLM (Comparative, European and Public Law) (Bham) (Distinction)
  • Major Scholar, Inner Temple (2001-2002)
  • Drapers’ Company Prize (1999)
Professional memberships
  • ELA
  • ALBA
  • HRLA