Jamie Jenkins

Jamie acts for both Claimants and Respondents in a wide range of employment tribunal cases, advising clients at all stages from initial negotiations through to the final hearing and, if necessary, to appeal. As well as his extensive discrimination experience, Jamie is frequently instructed on cases that involve issues of unfair dismissal, breach of contract, redundancy, whistleblowing and restrictive covenants.

Jamie has acted for a range of major national companies, as well as other notable employers including a Premier League Football Club. In 2017 he was appointed to the NPS Wales Panel of approved counsel, and is regularly instructed by a range of local authorities.

Jamie’s recent and notable work undertaken includes:

Appeals

Ijomah v Nottinghamshire Healthcare NHS Foundation Trust [2020] UKEAT/0289/19/RN – Jamie successfully represented the Claimant in an appeal where the ET had struck out a range of claims owing to material non-compliance of an unless order.

Hilbre Care Limited v Corpuz [2021] UKEAT/0322/19/LA – Jamie successfully represented the Claimant in an appeal that dealt with a wide range of issues including waiver, economic duress and perversity of factual findings.

Discrimination

Jamie has a specific interest and particular experience in dealing with discrimination cases, both in an employment context and in relation to the provision of services, and regularly provides training on new developments in the area of discrimination.

Jamie has acted for a range of employers and service providers in discrimination cases including major national and international companies, local authorities, private schools, academy trusts and universities.

His current recent and notable experience of discrimination cases includes:

• Representing a Premier League Football Club in relation to age discrimination and constructive dismissal claims brought by former directors, as well as advising in related commercial litigation. The age discrimination claims were dismissed after trial.
• Representing a local authority in claims of harassment and discrimination brought by an employee who alleged that she had been victimised after raising allegations of sexual harassment against a manager. The claims were dismissed in full after trial.
• Representing a pilot who is claiming age discrimination on the basis of the application of a PHI scheme.
• Representing a McDonald’s franchisee in relation to a variety of claims of race discrimination brought by a former employee. The claims were dismissed in full after trial.
• Representing a vulnerable employee of a major international company that had been allegedly subjected to repeated serious sexual assaults by a manager. Jamie advised the claimant from the outset of the case and was heavily involved in the preparation of the subsequent litigation. The case settled on favourable terms just before trial.
• Advising and representing the managing director of a company within the Muller Group in relation to claims of constructive dismissal and discrimination based on his nationality.
• Representing a travel company in race discrimination and victimisation claims where it was alleged that complaints of discrimination had been made in bad faith in order to delay disciplinary proceedings.

Redundancy

• Successfully representing an NHS Trust against a claim from a former employee who claimed that she was entitled to an enhanced redundancy payment.
• Successfully representing the managing director of a provider of medical services who was found to have been dismissed in a sham redundancy.
• Successfully representing an employee of a FTSE 100 company who was displaced following an extensive restructure.
• Representing a charity in claims brought by former employees following extensive redundancies.
• Representing a recruitment agency in a claim brought after redundancies following a company-wide restructure.

Restrictive Covenants

• Advising a recruitment agency in relation to a former employer that had allegedly solicited clients in breach of a restrictive covenant.
• Advising and representing a hair salon that sought injunctive relief on the basis that two former stylists had joined a rival salon and taken clients with them.
• Representing two employees who were accused of soliciting clients from a company specialising in high value mobile phone contracts.

Unfair Dismissal

• Representing a multi-national logistics company against claims brought by two employees following their dismissals for bullying one of their colleagues.
• Representing a care home in a claim of unfair dismissal brought by an employee who was dismissed for gross misconduct for not following procedures put in place following the coronavirus pandemic.
• Representing a local authority in an unfair dismissal case where a senior female manager was dismissed for sexually assaulting a male employee.
• Representing an academy trust in an unfair dismissal case where a teacher had brought a constructive dismissal claim due to changes in her responsibilities and pay.
• Representing a senior manager of a national producer of greetings cards following an accusation that she had fraudulently claimed expenses.
• Representing a former DWP employee who claimed constructive dismissal arising out of the unilateral amendments to her working hours.

Whistleblowing

• Successfully representing a charity accused of dismissing an employee due to protected disclosures following the attempted suicide of a client.
• Advising and representing an NHS consultant who claimed to have been subjected to detriment and dismissed due to making a range of protected disclosures on unsafe working practices over a period of years.
• Representing a nursing home in a claim for whistleblowing detriment brought by a former employee following disclosures made about the home’s treatment of residents.
• Advising a student mentor who was allegedly dismissed from an employed role with a university after making protected disclosures about the university’s failure to pay the minimum wage.

Jamie has a broad commercial practice that encompasses areas that overlap with other aspects of his practice as well as distinct areas of commercial litigation. His practice primarily focuses on contractual disputes, including the sale of goods and supply of services, construction and insurance.

Jamie is also regularly instructed on commercial and company law matters that involve tort, misrepresentation and fraud. He has experience in dealing with substantive issues in such cases as well as interim hearings including injunctions, interim payments and security for costs.

Examples of work undertaken includes:

Breach of Contract

• Advising a Premier League Football Club in potential claims for breach of contract intimated by former employees.
• Representing a producer of Indian food in a six-figure claim brought by an IT company in breach of contract.
• Representing a solicitor’s firm in relation to a six figure claim brought by an ATE provider for breach of contract.
• Representing a farmer in a breach of contract claim against a multi national supplier of chicken feed where it is alleged that defective feed was supplied, resulting in a drop in hatch rates and significant losses.
• Representing a local authority in a breach of contract claim brought by a teacher alleging that he should be paid whilst off sick because his sickness was caused by the build up of mould in his classroom.
• Advising the owners of a number of student properties in claims against the properties’ managing agent, who had retained extensive rent payments in breach of contract.
• Advising and representing a former company director in relation to a substantial claim brought by a bank under a personal guarantee.

Consumer Law 

• Advising a client in relation to an £80,000 claim against Land Rover alleging misrepresentation of the sale of two new vehicles.
• Advising a client in relation to a claim against a car dealership after he purchased a second hand prestige sports car that was subsequently shown to be unroadworthy and worth less than one quarter of what was paid for it.
• Representing a hotel in relation to a claim brought by two customers who claim they were refused a room due to their traveller ethnic origin.
• Representing Manchester Airport in a claim brought by a disabled passenger alleging discriminatory treatment.

Jamie is ranked as a leading junior in education law in the Legal 500. He is described in the directory as a “superb advocate” who is now “a go-to for a variety of education related instructions”.

Jamie has built a strong education practice predominantly representing educational institutions, including private schools, universities and local authorities in cases relating to the education sector, including in education law as well as cases involving employment law, discrimination and breach of contract. Jamie has extensive experience of representing clients in a range of courts and tribunals, including the First Tier Tribunal, Employment Tribunal, County Court, High Court and Court of Appeal.

Jamie is consistently involved in new and developing issues in education law. He has recently both represented provided extensive advice to educational establishments on issues arising out of the coronavirus pandemic, including matters such as refunding tuition fees, mandatory testing for students, and accommodating pupils with special educational needs following lockdown. Jamie provides training to local authorities and educational establishments directly on a range of issues in educational settings, including discrimination and special educational needs.

Jamie understands the specific considerations and concerns that clients have in education cases. He is often instructed by schools and other educational institutions at a pre action stage, and regularly provides early advice as to prospects and strategy prior to the issuing of proceedings. His strategic awareness within litigation regularly results in favourable outcomes being obtained for clients at an early stage, including by way of strike out and summary judgment applications.

Jamie’s recent and notable education law experience includes:

Appeals

• R (Milburn) v Local Government and Social Care Ombudsman [2023] EWCA Civ 207 – Jamie represented Oldham MBC as an Interested Party in successfully resisting the Appellant’s appeal as to the extent of the Ombudsman’s jurisdiction in complaints involving issues relevant to SEND Tribunal appeals.
• Lancashire County Council v A & B [2019] EWHC 420 (Admin) – Jamie successfully represented the local authority in linked appeals concerning the interpretation of s.444 of the Education Act 1996 where defences of unavoidable cause relying on behaviour exhibited by autistic children had initially succeeded at first instance. The appeal succeeded and the cases were remitted back to the Magistrates Court with a direction to convict.

General Education Law

• Advising a local authority as to its prospects of challenging the findings of an Ombudsman as to alleged failings to providing for the education of a child with significant special educational needs.
• Advising a private school that provides nursery provision as to whether its fees amounted to a prohibited “top up” for the purposes of the Early Years Entitlement scheme.
• Advising a local authority on its prospects of appealing an adjudicator’s decision in relation to its admissions policy. The appeal was not pursued and changes were made to the admissions policy following Jamie’s advice.
• Advising a university as to a proposed policy of requiring students to undertake regular testing to identify cases of coronavirus.
• Successfully representing a local authority that sought to strike out an EHCP appeal in a case where the appeal was instigated by a young person’s father without their instructions.
• Advising and representing a university in judicial review proceedings brought by a student who alleged that he had been awarded an unjustifiably low grade in his Masters degree.
• Advising and representing a pupil in judicial review proceedings who had successfully appealed a decision to exclude him, but on his return to school was taught in isolation and not in his full range of subjects. Jamie advised and represented the pupil throughout until the case was settled by way of an agreed school move with the local authority.

Discrimination

• Advising and representing an independent school in relation to various claims, including discrimination, negligence and breach of contract, brought by a student whose contract was terminated after being accused of a serious sexual assault by another student. Jamie was retained by the school throughout, including for representation in the SEND Tribunal, until all claims were eventually settled.
• Advising and representing a university accused of discrimination after failing to accommodate the needs of a disabled student on an extreme medicine course.
• Advising and representing a higher education institution in a discrimination claim after it terminated the licence agreement for a disabled student because he was not capable of living independently in the accommodation that he had been assigned to.
• Advising and representing a school in a claim of discrimination where a PGCE student claimed that his placement had been terminated, and that his career prospects had therefore been damaged, because of his race and religion.
• Advising and representing a university in a seven figure race discrimination claim following a decision to remove a student from a course due to an alleged failure to comply with DBS procedures.
• Advising and representing a college that faced claims of discrimination after it refused access for a student’s assistance dog. Jamie successfully resisted an application for an injunction before a resolution to the matter was agreed between the parties.
• Advising and representing a maintained mainstream school in relation to a discrimination claim brought in the SEND Tribunal by the mother of a student with significant special educational needs after the student was told she could not come into school following the resignation without notice of her full time 1:1 teaching assistant.

Breach of Contract

• Advising and representing a private school in relation to a £150,000 breach of contract claim brought by parents following alleged failings in identifying and providing for their child’s special educational needs. Jamie was retained by the school through years of pre action correspondence, and the claim was ultimately struck out shortly after being issued.
• Advising and representing a university in defending a claim brought by a student who alleged that access to plagiarism software had not been properly provided.
• Advising a university as its potential liability to refund tuition fees in light of the restrictions imposed during the coronavirus pandemic.
• Advising a college against claims made by three former students for breach of contract after a course failed to confer the advertised qualification after it had been completed.
• Advising and representing and independent school in a breach of contract claim arising out of a dispute with the company that provided ongoing administration services to the school.
• Advising a producer of education resources in a six-figure breach of contract claim against an educational provider that claims to have terminated the relationship between the companies before a contract for educational resources had been agreed.

Jamie regularly uses his expertise in other areas in a sports, media and entertainment law context, most notably in relation to his employment, discrimination and commercial law experience.

Jamie’s recent experience includes:

• Assisting the sellers of a Premier League Club in completing their due diligence.
• Advising and representing a Premier League Football Club in claims of discrimination and constructive dismissal brought by former directors, as well as advising in related commercial proceedings.
• Representing a League Two Football Club in relation to an unfair dismissal claim brought by a member of staff who was dismissed for racist behaviour.

• Advising a construction company in a six figure claim for non payment of fees following the demolition and rebuilding of a substantial residential property.
• Representing a construction company in a claim for non payment of project management fees following the renovation of a hotel.
• Representing the owners of a residential property in a complex contractual dispute following the installation of a biomass boiler.
• Representing the owners of a home in a claim following the alleged faulty installation of a driveway which caused toxic fumes to seep into the property.
• Representing the owners of a property which had been left structurally unsound and threatened the integrity of an adjoining property following the faulty installation of bay windows.

• Advising a multi national energy company in a claim against its former solicitors for professional negligence.
• Advising a solicitor’s firm in relation to a claim brought by a former client who alleged that he had under settled his claim due to inaccurate advice.
• Advising a solicitor’s firm in relation to a claim by a client whose claim was discontinued without their knowledge.
• Representing a freelance photographer in a claim against a solicitor’s firm who settled his claim for less than 10% of its true value.

• Appointed as a Recorder in 2023
• Deputy District Judge – Northern Circuit

“A junior who provides practical advice, and has the ability to find a way forward in difficult situations. A user-friendly barrister.” Legal 500 2024 (Education)

“Recommended Expert.” Legal 500 2024 (Employment)

“Jamie’s knowledge of the law and attention to detail is second to none, delivering results under pressure with confidence and clarity. He provides the client with an all-round excellent, professional service.” Legal 500 2023 (Employment)

“Jamie is very knowledgeable in his specialist area of the law. He is also proactive and client friendly. Solicitors highly recommend him.” Legal 500 2023 (Education)

“Recommended Expert.” Legal 500 2022 (Education and Employment Law)

“Jamie is a superb advocate and has extensive knowledge in employment and in particular discrimination. His drafting is concise, clear and to the point. He is also fantastic with clients. I have dealt with him recently in a particularly sensitive case and he was fantastic.” Legal 500 2021 (Education)

“Jamie is always my first choice when instructing a barrister. He has an incredible knowledge of employment law and Employment Tribunal practice and procedure. He has obtained outstanding results for me, even in borderline cases. He is also very friendly and approachable and is able to inspire confidence in clients which is very important for an instructing solicitor.” Legal 500 2021 (Employment)

“Experienced in a wide range of employment claims.” Legal 500 2020

“Recommended for discrimination cases.” Legal 500 2019