+44 (0)20 7797 8600

JAMES WYNNE

 

James’ practice covers all areas of employment law including both individual and collective/trade union aspects, commercial disputes including those with an employment element to them, regulatory and disciplinary matters and professional liability.

James has acted in a number of high profile discrimination, TUPE and collective matters. He regularly appears at the EAT and a number of these cases have been reported. He also contributes to leading publications including those on TUPE, industrial action and discrimination.

On the commercial side, James’ practice involves advocacy and advisory work at all stages of litigation. His expertise includes both contractual disputes and those with a restitutionary element, the sale and supply of goods and services, hire purchase, conflict of laws, insolvency and employment agency contracts.

James has rights of audience before the Dubai International Financial Centre (DIFC) Courts in Dubai, where he has recently undertaken two full trials in which judgment is yet to be handed down.

James has a Masters in Labour Law from the LSE, an LLB from UCL and an Engineering degree from Cambridge University. Before studying law he worked as an engineer both for the Ministry of Defence and in the private sector.

 

    Employment & Discrimination

James’s practice involves advocacy and advisory work at all stages of litigation. His work covers tribunals, County Court, High Court and Court of Appeal, multi claimant and test cases.

His practice areas include all statutory employment claims including employment/worker status, unfair dismissal and redundancy, holiday/wages issues, whistleblowing and discrimination. Recent instructions include:

  • Successfully defending a broadsheet newspaper against claims of unfair dismissal and age discrimination from a senior journalist, Gimson v Telegraph Media Group Limited, with coverage in the Guardian and Private Eye;
  • Acting for the claimant in a £10m career loss sex discrimination claim which was settled on confidential terms following a successful appeal to the EAT regarding the tribunal’s case management powers, Kerr v Ernst & Young Services Ltd [2011] ICR D13;
  • Dismissal of a senior executive following alleged whistleblowing.

James’ practice includes High Court bonus claims and actions protecting business assets, including claims for breach of fiduciary duties and applications for injunctions to enforce restrictive covenants and obtain springboard relief. Recent instructions include:

  • Bringing a claim following a conspiracy to divert insurance business and poach existing employees;
  • Bringing a claim against an existing employee for diverting a future substantial business opportunity;
  • Defending an individual at an injunction application alleging breach of database rights and duties of confidence

    TUPE & Collective

James has particular experience and expertise in TUPE. He contributes to the loose leaf "Transfer of Undertakings” (Sweet and Maxwell). Recent experience includes:

  • Appearing at the Scottish EAT on a matter dealing with service provision changes Seawell Ltd v Ceva Freight (UK) Ltd [2012] IRLR 802;
  • Advising on the impact of a number of historic TUPE transfers on collectively agreed terms;
  • Advising a charity undertaking public sector service provision;
  • Advising a manufacturer on the impact of a proposed transfer and the protection of their intellectual property.

James is regularly instructed on collective issues including consultation (TUPE and redundancy), representation, membership and recognition, collective agreements and industrial action. Recent experience includes:

  • Defending a number of organisations against "blacklisting” claims;
  • Following national strikes, defending a claim for detriment on the grounds of trade union membership;
  • Advising a number of public sector bodies on the legality of national strikes regarding pensions.
  • Advising on the legal consequences of existing collective agreements and purported further agreements (both at the collective level and on individual’s contracts).

James contributed chapters to The Law of Industrial Action and Trade Union Recognition, 2nd Ed 2011 (OUP).

    Commercial & Contractual

James’ commercial expertise includes both contractual disputes and those with a restitutionary element, the sale and supply of goods and services, hire purchase, conflict of laws (including anti-suit injunctions), insolvency and employment agency contracts. Recent instructions include acting for the defendant in a claim brought by a Lloyd’s syndicate, acting for the claimant in the High Court to obtain repayment of a substantial loan, and acting for one bank against another bank following a mortgage fraud.

As set out above under ‘Employment’, James’ practice includes High Court bonus claims and actions protecting business assets, including claims for breach of fiduciary duties and applications for injunctions to enforce restrictive covenants and obtain springboard relief. Recent instructions include:

  • Bringing a claim following a conspiracy to divert insurance business and poach existing employees;
  • Bringing a claim against an existing employee for diverting a future substantial business opportunity;
  • Bringing a claim for an injunction against an ex-employee in breach of post termination restrictive covenants;
  • Defending an individual at an injunction application alleging breach of database rights and duties of confidence.

    Disciplinary, Regulatory & Professional Liability

James is a member of the Littleton Disciplinary and Regulation Group. His experience includes:

  • Professional body disciplinary and regulatory panels;
  • Cases involving doctors, nurses and teachers;
  • Cases involving internal disciplinary proceedings, injunctive relief, tribunal claims and regulatory proceedings.

 James has worked with solicitors on complex internal investigations and has acted at internal disciplinary hearings.

 James’ practice also covers advice and advocacy in claims for professional liability. Recent experience includes:

  • Claims against solicitors firms for negligent advice and representation;
  • Claims against trade unions for breach of terms of membership and negligent representation;
  • Claims against barristers for negligent advice (and on one occasion, discriminatory advice).

 James acts for individuals and organisations.

    Apellate

James is regularly instructed on appeals to the EAT, and has appeared in the Court of Appeal. Some of his notable instructions include:

  • Seawell Ltd v Ceva Freight (UK) Ltd [2012] IRLR 802
  • Kerr v Ernst & Young Services Ltd [2011] ICR D13
  • Sheffield Forgemasters International Ltd v Fox [2009] IRLR 192
  • David Wilson Homes Ltd v (1) Glass (2) Horner [2008] All ER (D) 120 (Jun)
  • Northgate HR Ltd v Mercy [2008] IRLR 222 CA
  • Humphries v Chevler Packaging Ltd UKEA T/0224/06, IDS Brief 819 (December 2006)
  • Real Time Civil Engineering Ltd v Callaghan [2006] All ER (D) 222 (Jan)
  • Voith Turbo Ltd v Stowe [2005] IRLR 228 EAT

    Sector Experience

James has experience of a wide range of business areas and the public sector. He acts for businesses and employees. His sector experience includes:

  • Public sector: local government and education, healthcare (both NHS and private) and police;
  • Charities: from large national organisations to small local charities;
  • Retail: including several supermarket chains, other leading high street names and internet based retailers;
  • Engineering, construction and manufacturing: ranging from mining and steel, house and office builders to precision manufacturing;
  • Media, Technology and Communications: including national broadcasters, a broadsheet newspaper and other publishers, a number of software companies from multinationals to niche players and consultancies;
  • Outsourcing and logistics: acting for and against a number of well known national and international organisations;
  • Professional services: solicitors’ firms, high street and investment banks, insurance, and other parts of the financial sector.
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