Jonathan Cohen appears regularly in the Employment Tribunals for both Claimants and Respondents and has particular expertise in High Court employment litigation. He undertakes a full spread of general commercial contract and associated work in the County Courts and the High Court. He is also interested and experienced in regulatory and disciplinary proceedings and all aspects of public law (including judicial review).

Jonathan is instructed by a range of City, West End and large regional firms and directly by the legal departments of a number of national and international companies. Highlights of 2007 have included appearing in the Court of Appeal on 3 occasions, 2 of which have led to important reported cases on the application of the burden of proof in establishing discrimination and the status and rights of agency workers. He is highly experienced in the Employment Appeal Tribunal. He has both defended against and applied for numerous injunctions against or on behalf of departing employees. He has significant experience in large scale group litigation, appearing both for employers and employees in substantial redundancy and equal pay claims.

Jonathan was formerly in practice at Cloisters Chambers, where he had been a member since pupilage. He joined Littleton Chambers at the end of 2007.

Recent/Important Cases

Campaign Against Arms Trade ("CAAT") v Mercer. Appeared for the Defendant in an application for a search and seizure order against him related to the British Aerospace "Al Yamamah" judicial review and the obtaining of CAAT's privileged legal advice by British Aerospace.
Madarassy v Nomura International PLC [2007] EWCA Civ 33, [2007] ICR 867, [2007] IRLR 246. City banker sex-discrimination appeal in the Court of Appeal, widely reported in the national press and the key authority on the application of the burden of proof in discrimination cases.
James v Greenwich London Borough Council [2007] ICR 577, [2007] IRLR 168. Important EAT decision on implied contracts of employment with local government agency workers.
Difolco v NTL Group Limited [2006] EWCA Civ 1508, [2006] Sol J 150/41 Successful challenge to the proper approach to be taken to reasonable adjustments for the disabled in a redundancy exercise.
Ridsdill v Smith & Nephew [2006] EAT. Successful appeal against strike out on behalf of several Claimants.
Freer v Glover and Another [2005] EWHC 3341, [2006] IRLR 521. Groundbreaking application of absolute privilege for the purposes of the law of defamation to communications between a solicitor and ACAS in the context of employment tribunal proceedings. Acted for successful Defendant.
Exel Management v Lumb [2006] EAT. One of the first decisions on the proper approach to be taken to claims in the employment tribunal where a Claimant has failed to submit a grievance. Appeared for the Appellant.
J Shergill v NTL Group Limited [2005] EAT. Reasonable investigations and Polkey in conduct dismissals. Acted for Respondent.
Pinnington v City and Council of Swansea and the Ysgol Crug Glas School [2005] EWCA Civ 135, The Times 9/03/2005 Widely reported allegations against local authority by former school nurse of "whistleblowing" dismissal for uncovering allegations of child abuse. Acted for successful Respondent.
Hamilton v (1) United Kingdom Central Council for Nursing, Midwifery and Health Visiting and (2) Nursing and Midwifery Council [2003] EWCA Civ 1600, [2004] 79 BMLR 30, The Times 12/11/2003. Human Rights Act challenge to the disciplinary powers of the regulatory body for nurses. Acted for Appellant.
Ward v Commissioner of Police for the Metropolis [2003] EWCA Civ 1152, [2003] 74 BMLR 211. Challenge in the Court of Appeal under Human Rights Act to police powers of arrest under the Mental Health Act.
Taito v The Queen [2002] UKPC 15. Successful Privy Council appeal on behalf of a group of New Zealand citizens denied procedurally fair appeals in the New Zealand Court of Appeal.
R v Law Society. Ex Parte Barry Pamplin [2001] EWHC Admin 300, The Independent 9/07/2001. Judicial review of the disciplinary powers of the Law Society. Acted for the Claimant.

Qualifications
BA (Oxon)