Jim Tindal Employment

Call: 2002

Introduction

Jim is a former Solicitor and has now been at the Bar for 11 years. He has developed an expertise in what might be described as ‘social and public law’, dealing with a number of related and overlapping fields including: Personal Inury and Clinical Negligence, Employment and Discrimination, and Court of Protection and Social Care work. He has an entry in Chambers and Partners and Legal 500 for  Employment and in Chambers and Partners for Civil Liberties and Human Rights.

Jim is also a Recorder of the County and Crown Courts, Deputy District Judge of the Magistrates Court and Part-Time Employment Judge. He is one of the youngest people in the country to have achieved these multiple judicial positions (now 39). He is also a Visiting Lecturer in Law at Birmingham University.

Qualifications and Appointments:

  • Treasury Counsel (Civil) since 2007
  • Part-Time Employment Judge since 2009
  • Deputy District Judge (Magistrates Court) since 2009
  • Crown Court Recorder since 2012

Articles and Publications:

  • Thomson Encyclopedia of Employment Law

 


Employment

Jim has a speciality in test cases. He has appeared in the Court of Appeal in Owens: the first case to define the word ‘teacher’ which extended it to include thousands of non-mainstream teachers, and in Jafri, which changed the law on the test the EAT applies when deciding whether to remit to a Tribunal having found an error of law. Jim has appeared at EAT on various test cases, including the reported case of Beavan on the legality of the public sector pay freeze, and in Blake on the application of TUPE to dismissals by administrators which was later endorsed by the Court of Appeal in other cases. Jim also regularly appears at the EAT in a variety of cases including repudiatory breach and affirmation, unfair dismissal, and strike-out amongst other topics. Jim regularly conducts test cases at Tribunal level, including claims relating to the employment status of secondees to the Civil Service, and the legality of the ban in prisons on Sikh Kirpans.

Reported Cases:

  • Jafri v Lincoln College [2014] All ER (D) 146 (Apr) (CA)
  • Owens v Dudley MBC [2012] ICR 453 (CA)
  • Cabinet Office v Beavan [2014] IRLR 434 (EAT)
  • Blake v CAB Automotive (2008) IDS Brief (EAT)
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Discrimination

In the employment field of discrimination, Jim has a particular interest in test cases. He has been instructed and advised on cases concerning the legality of national policies within the Prison Service, including banning Sikh Kirpans and fitness testing of Prison Officers; local authority redundancy provisions said to be discriminatory on grounds of age and sick and annual leave policies said to be discriminatory on grounds of disability. Jim was also instructed by the Home Office in a multiple Respondent police test case about which public body employed a Police Constable claimant and alleged discriminator both on secondment from different forces. Jim has also acted in multi-day and indeed multi-week discrimination cases and appeared at the EAT on cases involving direct and indirect discrimination, the burden of proof and victimisation. Jim also has significant experience of discrimination cases outside the employment field, including Housing, Education and Service Provision

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Employment in the High Court

Jim has a particular interest in employment in the civil courts, including Employee Competition, Restrictive Covenant and Confidentiality work. Jim writes the chapters on implied terms in the Encyclopaedia of Employment Law and he has been involved in cases concerning injunctions to enforce restrictive covenants, failed covenants, garden leave, springboard injunctions and delivery-up of confidential information, and the fiduciary responsibilities of directors to challenge poor management.
In one case Jim obtained a springboard injunction for a group of small companies notwithstanding dispute over which company had employed the Defendants and the fact that part of the business had ceased trading. He is also instructed in a £1m claim in respect of death-in-service benefits led by John Randall QC. Jim has also lectured in this field.

Chambers and Partners recommends Jim in employment cases saying "For more complicated matters he is always a great choice".
The Legal 500 recommends Jim in employment cases for his "meticulous attention to detail, sound interaction with clients, and tenacious approach to advocacy".

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