Excellent results without fail, leaving me to continue instructing James, no matter where in the country.Louisa Bolleurs, DWF LLP
James undertakes work for both claimants and respondents. His practice includes final hearings, associated preliminary hearings and judicial mediations; predominantly relating to unfair dismissal, constructive (unfair) dismissal and discrimination. He practises across the UK and has represented clients in the Employment Appeals Tribunal, Employment Appeals Tribunal Scotland and High Court.
Due to his knowledge of the unique remedy and costs regimes which operate in the Employment Tribunals, James provides his clients with a realistic assessment of both the cost of bringing or defending a case to a final hearing, and any likely award which would result should liability be established, allowing both risks to be effectively managed at each phase of litigation.
As with James’s civil practice, a significant proportion of his employment work is advisory, including opinions on merit, quantum, settlement and points of law, along with the drafting of pleadings.
Cases of Note:
Kaler v Tascor (2014)
Employment – advising in respect of a high profile death in custody which resulted in dismissal – unfair dismissal – settlement.
Williams v Real Care Agency Ltd (2012) I.C.R. D27
Employment – 10 day final hearing – Unfair Dismissal (Misconduct) – Wrongful Dismissal – for employer/respondent – successfully defended a claim for unfair dismissal which included allegations of fraud made by the claimant which were held to be false – an authority with regard to the timing of strike-out applications under The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004.
Beckett v Gerber Juice Company (2013)
Employment – Unfair Dismissal (Health) – Disability Discrimination – Equality Act 2010 (EqA) – Acting for employer/respondent – successfully defended claims of unfair dismissal and numerous claims for: direct disability discrimination; failure to make reasonable adjustments; and disability related discrimination – ‘a proportionate means of achieving a legitimate aim’ (as per para 1 Schedule 9 of the EqA).
Myers v Wiltshire & Somerset Colleges Partnership (2011)
Employment – For employer/respondent – applied the principles of Polkey v AE Dayton Services resulting in the claimant’s award being reduced by 90%. Subsequent submissions with regards to failure to mitigate resulted in the claim being withdrawn at the final remedy hearing.
Ashton v Burbage & District Constitutional Club (2012) UKEAT/0496/11/DM
Employment – Unfair Dismissal (Redundancy and Restructuring SOSR) – Wrongful Dismissal – For employer/respondent – dismissal by way of restructuring (SOSR) still fair, even though termed and justified by the employer as “redundancy”.
Sims v Strathclyde Tyres (2011)
Unfair Dismissal (Misconduct): For employer/respondent, at a four day final hearing James successfully defended a claim for unfair dismissal by reason of gross misconduct. The application of the principles of Polkey v AE Dayton Services and contributory fault assisted in ensuring that, despite procedural unfairness, the employee/claimant received no award.View full profile >>
Thompson v Green Marine Limited (2016)
Personal Injury - employer’s liability - £250,000 - initial advice - drafting Particulars of Claim; and Schedules of Loss – loss of earnings and pension contribution calculations - Pre-Trial Settlement Hearing (SE Circuit) - negotiation - settlement.
Karavadra et al v Brewster et al (2016)
Nine Parties - Trial and CCMC - Personal Injury - credit hire - indemnity - concertina collision - successful defence of all claims.
Re: Ockwell (2015)
Inquest - workplace death - fall from height - balance of control between developer and contractor - risk assessment - safety measures - edge protection.
Staite v Good (2015)
High Court - Personal Injury - complex orthopaedic and psychiatric injuries - costs - CCMC - costs budgets totalling £319,000.
A v LB (2015)
Personal Injury - costs - expert evidence - complex orthopaedic - osteoporosis - fibromyalgia - reduction of claimant’s Costs Budget from £183,000 to £104,000.
M v AE (2013)
Personal Injury - £145,000 - loss of chance - future loss of earnings - settlement.
Kaler v Tascor (2014)
Employment - advising in respect of a high profile death in custody which resulted in dismissal - unfair dismissal - settlement.
G v LB (2015)
Landlord and Tenant - Personal Injury - trial - Disrepair - trial - liability and Quantum - Landlord and Tenant Act - Defective Premises Act.
Health and Safety Executive v GNB Farms Limited (2015)
Crime - Defending in an HSE prosecution with regard to breaches of Health and Safety at Work Act - PUWER - serious injury - advising on plea - sentencing.
B v LBH (2015)
Personal Injury - employer's liability - assault - psychiatric injury - Part 36.
Younis v IBCO Limited (2014)
Personal Injury - credit hire - trial - liability - quantum - advising on application of Opoku v Tintas.
E v D (2015)
Commercial Contract - commissions - advising - drafting pleadings - mediation - settlement.
Arlsan v Streetcar (2013)
Personal Injury - Multi-Track - credit hire - Fraud - liability - quantum.
Favourite v Evangelou (2012)
Personal Injury - Trial - Fraud - S.33 Limitation Act 1980.
Williams v Real Care Agency Ltd (2012) I.C.R. D27
Unfair Dismissal - Misconduct - Wrongful Dismissal - 10 day final hearing - for employer/respondent - successfully defended claim which included allegations of a fraudulent conspiracy which were held to be false - an authority with regard to the timing of strike-out applications under The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004.
If you would like to instruct James Rozier or would like help or advice in doing so, please call and talk to our excellent clerking team, led by senior clerk Alan Kilbey MBE. Our phone number is +44 (0)20 7583 9241. Alternatively, please email us at firstname.lastname@example.org
For more information about our clerking team, please click here for the clerks page.
“James has a no nonsense and professional approach, he is always well prepared, taking instructions from his solicitors early on so as to avoid any last minute preparations, leaving you to feel calm and confident in his ability. James has a personal yet professional and confident approach, triumphing in excellent results without fail, leaving me to continue instructing James, no matter where in the country.”
Louisa Bolleurs – DWF LLP
“I have instructed James in the Employment Tribunals, Employment Appeals Tribunal and County Courts in employment related matters. I also instruct James to undertake a significant amount of drafting such as merits assessments, pleadings and applications. James has covered the entire range of Employment Tribunal hearings and has always dealt with my cases excellently. I will hence doubtless continue to instruct him into the future.”
Zahir Mohammed – Herefords Solicitors
“James is an invaluable resource who is regularly retained in fast and multi-track matters including credit hire, personal injury claims and appeals. He is an astute Barrister who is able to quickly identify key issues and is meticulous in his case preparation. He has a robust advocacy style which is cogent and compelling, and clients are consistently reassured by the quality of his work. Any Solicitor instructing James can do so safe in the knowledge that he will ensure the best possible outcome in a given case.”
Matthew Griffiths – AXA Insurance UK Plc
“Very knowledgeable and approachable, with a keen eye for detail. I always have full confidence that James will deal with cases efficiently and effectively.”
Rebecca Watt – Keoghs LLP
James has eclectic interests, ranging from surfing to what seems to be the perpetual restoration of a 1978 Triumph Spitfire 1500 which, we hear, now even starts.