Joseph Bryan

Joe regularly appears in employment tribunals and the EAT in discrimination, whistleblowing, unfair dismissal and other statutory claims.

He acts for both claimants and respondents across a range of sectors (including financial and legal services, sport, education, healthcare, retail, and other professions).

Joe can be relied on to produce written work of the highest quality. His pleadings have been praised by instructing solicitors and clients as “excellent” and “top-rate”. At a public hearing, Joe’s written argument was described as “excellent” by the Employment Judge.

Recent cases include:

• Tyne and Wear Passenger Transport Executive t/a Nexus v National Union of Rail, Maritime and Transport Workers [2023] ICR 148 (led by David Reade KC): first Court of Appeal authority on the employment tribunals’ power to consider a defence of rectification.
• Connor v Chief Constable of the South Yorkshire Police [2023] EAT 42: EAT authority on whether a relevant agreement as to the calculation of holiday pay under the Working Time Regulations may permit an employer to pay less than that which would otherwise be payable under the WTR.
• Lasdas v Vanquis Bank plc [2022] EAT 198: EAT held that the characterisation of a party’s case is a matter of law to which no margin of appreciation applies.
• Mr K Pubbi v Your-Move.co.uk [2022] EAT 96: EAT held that the dismissal of a financial consultant for failure to disclose bankruptcy was not unfair notwithstanding the absence of an express contractual term requiring disclosure.
• Mrs S McLeary v One Housing Group Limited UKEAT/0124/18/LA: consideration of complaints of constructive dismissal under s. 39 of the Equality Act 2010.
• Tyne and Wear Passenger Transport Executive t/a Nexus v Anderson [2019] ICR 433 (led by David Reade KC): the leading authority on the jurisdiction of employment tribunals in statutory wages claims.
• Securing a substantial monetary settlement for an individual claiming maternity discrimination, detriment and unfair dismissal.
• Successfully defeating a claim for age discrimination arising out of a homeworking policy implemented during Covid-19 lockdown.
• Successfully representing a respondent employer in an indirect sex discrimination claim: the claimant withdrew the claim in its entirety at the end of Joe’s cross-examination, avoiding the need for the respondent’s witnesses to give evidence.
• Achieving a major ET costs order in favour of a respondent employer not exceeding £60,000.
• Providing pro bono representation to a charity-sector employer in a multi-day unfair dismissal, whistleblowing and discrimination case. Successfully obtained judgment dismissing all the claims.
• Opposing King’s Counsel, securing a compensatory award for a claimant in an unfair redundancy claim.

An active member of Littleton’s Sports Law Group, Joe also sits as a Chair of the FA’s National Serious Case Panel, adjudicating on all types of serious disciplinary cases in grassroots football. He welcomes instructions in sports matters, both as sole counsel and as part of counsel teams.

Recent sports law instructions include:

• Various sports/employment crossover matters litigated in the employment tribunal.
• Advising on and acting in an arbitration under the English Football League Regulations (led by Paul Gilroy KC).
• Acting in an FA Rule K Arbitration between a professional footballer and an intermediary (led by John Mehrzad KC).
• Advising on, and drafting, an appeal to the Court of Arbitration for Sport against a decision of the FIFA Dispute Resolution Chamber.
• Drafting Particulars of Claim in a multi-million-pound football breach of contract claim.
• Representing an athlete charged with an Adverse Analytical Finding by the IAAF.
• Representing a high-profile athlete in proceedings before the National Anti-Doping Panel.

Joe also sits as a Chair of the FA’s National Serious Case Panel, adjudicating on all types of serious disciplinary cases in grassroots football.

Joe has a keen interest in High Court business protection and has appeared as sole counsel on applications for interim injunctive relief.

Other High Court appearances include:

• Tyne and Wear Passenger Transport Executive t/a Nexus v National Union of Rail, Maritime and Transport Workers [2023] ICR 148 (led by David Reade KC): first Court of Appeal authority on the employment tribunals’ power to consider a defence of rectification.
• In the QBD, successfully resisting an application to enforce the terms of settlement of an appeal to the Employment Appeal Tribunal.
• Various applications to Masters in the QBD and Chancery Division.

He has appeared as sole counsel in commercial trials and applications in the County Court, including:

• In a multi-track trial before a Circuit Judge, successfully obtaining judgment and five-figure damages for a claimant in the telecommunications sector.
• Obtaining judgment at trial for unpaid fees on behalf of an independent school.
• At trial, successfully defending a claim against an employment agency for loss of earnings alleged to be due to a candidate after a job offer was withdrawn.
• Successfully applying to strike out, on grounds of res judicata, a claim brought by a former employee who had previously litigated against the same employer in the employment tribunal.
• Successfully resisting a claim brought by a recruitment agency for an introduction fee.
• Successfully defending a breach of contract claim brought against a major telecommunications provider.
• Applications to extend administrations.

Joe has also acted in specialist commercial arbitrations, including arbitrations before the Groceries Code Adjudicator pursuant to the Groceries (Supply Chain Practices) Market Investigation Order 2009.

Before his career at the Bar, Joe obtained his undergraduate and Master’s degrees in Modern Languages and worked in France and Germany. He was ranked in the top three students in his law conversion course cohort and went on to be graded Outstanding in his Bar exams.

Education:

• 2015: BPTC: Outstanding
• 2014: GDL: Distinction
• 2012: MSt Modern Languages (University of Oxford): Distinction
• 2011: BA (Hons) Modern Languages (Durham University): First Class

Scholarships and prizes:

• Prize for performance in BPTC finals, Inner Temple (2015)
• Law First Scholarship, University of Law (2014)
• Exhibition Award, Inner Temple (2014)
• Paul Methven Award, Inner Temple (2014)
• Merton College Graduate Prize (2012)

Professional memberships:

• Employment Lawyers Association
• ELBA
• Inner Temple