Ben Jones

Ben advises and represents claimants and respondents in matters spanning the range of statutory employment disputes. He is regularly instructed in multi-day and multi-week trials in Employment Tribunals across the country.

Ben is in demand for his meticulous preparation and incisive cross-examination. He has been instructed in various high value, high profile and complex trials, and is known not only for his ability to secure positive outcomes in difficult cases, but also for his user-friendly manner with clients.

Ben appears regularly at appellate level. Before the EAT he appears regularly both advancing and resisting appeals. He has been led in high profile matters before the Court of Appeal, including the leading case on the nature of limitation periods in employment statutes (Coletta v Bath Hill Court [2019] EWCA Civ 1707, [2020] 3 All E.R. 59, [2020] I.C.R. 703, [2020] I.R.L.R. 124).

Before coming to the Bar Ben also worked on labour law as an academic lawyer. In this mode he attended various international conferences to present papers on UK employment law and he continues to contribute to publications in the field.

Ben regularly accepts instructions to conduct all forms of internal processes in the workplace.

His recent experience includes:

• Investigating various grievances brought by senior/director level employees (both as sole-instructed investigator, and also as a junior investigator within a multi-investigator team);
• Investigating allegations of misconduct (including various forms of alleged discrimination/harassment) by staff in public, private and third sector sector organisations;
• Investigating allegations by members of the public of goods and services discrimination (including making recommendations for further action in respect of involved staff and also identifying institutional issues);
• Investigating complaints by members of trade unions against union officials; and
• Acting in MHPS proceedings (at consultant level) on both sides (as well as acting, led, in MHPS-related High Court proceedings).

Ben has experience of matters progressing before various regulators (from initial investigations, through interim-orders hearings, to final disposal).

He appeared in the leading case on the scope of the right of appeal to the High Court against the sanction of erasure (Sastry and Okpara v GMC [2021] EWCA Civ 623, Times Law Reports 21 May 2021, led by Nicola Newbegin).

As noted under ‘internal processes’, above, as well as having acted on behalf of senior medical practitioners and NHS Trusts in employment proceedings Ben has also been instructed in internal disciplinary proceedings by Trust management. Ben has hands-on experience of cases involving overlapping processes (including counter-fraud and criminal investigations alongside internal disciplinary and other employment disputes).

Ben also has a history of engagement with medical practitioners stretching long before his call to the bar (through his academic research on, and volunteering work in relation to, the regulation of stem-cell research).

Ben is regularly instructed in appeals by professionals who have been included on a barring list by the DBS. He appeared (led by Betsan Criddle) in the leading decision on the nature and extent of the Upper Tribunal’s jurisdiction to correct errors of fact (PF v DBS [2020] UKUT 256 (AAC)).

Ben has a broad grounding in civil employment disputes. He advises on the enforceability of restrictive covenants, protection of confidential information/database rights, and any form of contractual dispute arising out of working relationships.

He has been led in urgent/complex injunctive proceedings before the High Court and is experienced in advising (unled) on civil litigation procedure (including costs budgeting) as well as on issues arising around multi-process disputes (such as those involving overlapping contractual, statutory employment, and regulatory dimensions).

• Burn v Alder Hey Children’s NHS Trust
• Court of Appeal to consider the scope of disclosure required during MHPS investigations
• Ben Jones successful in pair of EAT decisions clarifying Tribunal procedure and evidence rules in disability cases
• Sastry & Okpara v GMC [2021] EWCA Civ 623
• Two Old Square Chambers cases listed in The Lawyer’s Top 20 Cases of 2021