Jennifer is a Partner in the Employment department. In addition to her day-to-day work advising both businesses and individuals on all aspects of employment law, Jennifer regularly handles large-scale litigation for both employers and employees. Recent examples have included discrimination and whistleblowing cases both in the Employment Tribunal and beyond through the appellate Courts. She also has substantial experience in High Court litigation, and has acted in high-value breach of contract and bonus disputes and a number of injunction proceedings. Jennifer has particular experience advising individuals and businesses on key issues and disputes relating to unfair competition and business protection such as breaches of restrictive covenants, data theft, team moves and the use of social media. Outside of the courts, Jennifer regularly advises on complex and high-value settlements for senior individuals – employers, directors, LLP members and partners – exiting businesses in a wide variety of sectors.
While Jennifer has experience in acting for clients from a wide range of business sectors, many of her clients are in financial services and recruitment. She is part of the Firm's cross-departmental Recruitment Services Group, and regularly speaks at recruitment industry events and is frequently published in the recruitment press.
- Advised Krista Bates van Winkelhof on her claims of whistleblowing, sex/pregnancy discrimination and victimisation in the Employment Tribunal following her removal from the partnership at Clyde & Co. The Supreme Court decision in the case ruled that members of LLPs in the UK do benefit from the protection from detriment afforded by the UK's whistleblowing legislation, while a previous decision of the Court of Appeal in the case confirmed that the territorial considerations in the Equality Act will follow the rules in Lawson v Serco. The case has also established that an LLP cannot use an arbitration clause to prevent a member from pursuing claims in the Employment Tribunal.
- Acted pro bono for Mrs Griffin in successive appeals to the Employment Appeal Tribunal and subsequently the Court of Appeal, appealing the Employment Tribunal's decision on quantum following her successful claims for disability discrimination and constructive unfair dismissal against Plymouth Hospitals NHS Trust. The reported decision in the Court of Appeal held that the Tribunal had erred in applying the “simplified loss” approach to Mrs Griffin's pension losses, and prompted Underhill LJ to call for an urgent review of the Tribunal’s guidance in such cases, "Compensation for Loss of Pension Rights", which has not been updated for well over ten years. The decision was particularly important to Mrs Griffin in circumstances where it was accepted that she would suffer final salary pension losses up to retirement.
- Acted for a high-profile, global business in a long-standing multi-forum dispute against an unsuccessful candidate for a job. We succeeded in obtaining interim and final injunctions in the High Court for delivery up and to prevent misuse of the business' confidential information. We successfully defended an indirect race discrimination claim in the Employment Tribunal and successfully resisted multiple applications for disclosure in the County Court, the High Court and the Employment Tribunal.
- Acted for Julie Humphryes in her successful claims for sex discrimination, constructive unfair dismissal and unlawful deduction from wages against property design company Yoo Limited, in respect of her treatment following her return from maternity leave. The Employment Tribunal also found the then-CEO and co-founder of Yoo Limited personally liable for certain acts of discrimination against Ms Humphryes.
- Regularly provides strategic advice on how to avoid, and how to prosecute, complex and high-profile team move litigation, particularly in the financial services and recruitment sectors. Frequently acts in the ensuing litigation, with disputes often involving multiple claims of breach of express and implied contractual terms, breach of confidence, inducement to breach and conspiracy against various individuals. The remedies sought in such cases are equally complex and often involve careful consideration and application of remedies for injunctive relief: mandatory injunctions such as delivery up and forensic IT searches, prohibitory injunctions such as enforcement of restrictive covenants and onerous springboard relief. The analysis of quantum in such claims can be equally complex, and knowing when and how to bring the litigation to an end requires agile, strategic advice.
- Acted for a group of senior City bankers in a successful challenge to the non-payment of multi-million pound guaranteed bonuses and severance payments by Dresdner Kleinwort Limited. The cases were won at summary judgment.
- Acted for various recruitment companies in successful interim injunctions against ex-employees accused of data theft and breaches of restrictive covenants. In one such case, subsequently obtained summary judgment of the underlying claims in the High Court for breach of contract, breach of confidence and breach of database regulations, and a permanent injunction was granted.
- Assisted in a major piece of discrimination litigation for a global interdealer broker. Part of that litigation established (in the Employment Appeal Tribunal) that an employee cannot bring proceedings in the Employment Tribunal in respect of matters arising in another jurisdiction, even if that employment was contiguous with employment in the UK.
- Assisted in advising the ex-CEO of a large department store in a high value High Court action against his ex-employer for breach of contract.
- Acted for a senior HR professional in an action against a global bank for disability discrimination and unfair dismissal, and in the subsequent mediation and settlement of the dispute prior to the full Tribunal hearing.
Partner, Mishcon de Reya LLP
Legal Director, Mishcon de Reya
Associate, Mishcon de Reya
Solicitor, Mishcon de Reya
University of Nottingham: BA (Hons) French and Hispanic Studies