Jane Mulcahy

Jane deals with cases in the High Court and Court of Appeal, the Employment Appeal Tribunal, the employment tribunals and specialist tribunals/arbitrations (see sport, below). Areas of work include restrictive covenants, garden leave, confidentiality, breach of contract, wrongful dismissal, unfair dismissal, redundancy, unlawful deductions from wages and all types of unlawful discrimination.

• Acting for large services firm in claim brought by former senior executive alleging he was constructively dismissed.
• Acting for two senior bankers in claims of race discrimination against a large investment bank.
• Acting for a Premiership football club in claims brought by workers in relation to holiday pay.  
• Acted for a Lloyd’s managing agency in a discrimination claim brought by its former Group Finance Director.
• Acted for a worldwide corporation in claims of sex discrimination and harassment by a former procurement manager. The trial is to take place in Autumn 2011.
• Acted in two separate cases for City-based solicitors’ firms in relation to allegations of discrimination and victimisation. 
• Tradition Securities & Futures v Mouradian [2009] EWCA Civ 60, 11 February 2009
  Acted for Alexandre Mouradian in an appeal by Tradition on the basis that the Employment Tribunal had no jurisdiction to hear Mr Mouradian’s unlawful deduction from wages claim. Also acted in the EAT (29 January 2008) and the Employment Tribunal.
• Boland v Absolute Taste, McLaren, ET, January 2009
  Acted for the Respondents in a claim alleging sexual orientation discrimination brought by the steward on a private jet. The claim was withdrawn during the trial.
• F&C Asset Management v Switalski, EAT, 9 December 2008
  Acted for F&C in an appeal against the Employment Tribunal’s refusal to review its decision that the Claimant had been discriminated against on the grounds of sex. Also acted in the original Review, and the Review which followed the EAT’s decision to remit to a different Tribunal.
• Extec Screens & Crushers Ltd v David Rice [2007] EWHC 1043 (QB), 4 May 2007
  Acted for Extec in a speedy trial concerning a 12 month non-compete clause.
• Acted for a US-based hedge fund in a claim brought by a former employee alleging sex discrimination on the grounds of her pregnancy.
• Acted for a television company in a claim brought by a former presenter. She alleged discrimination on the grounds of sex, race, religion and age.
• Acted for a Claimant alleging disability discrimination against a large Bank.
• Acted for an investment bank in a claim alleging sexual orientation discrimination arising out of redundancy.
• Acted for a Claimant alleging race discrimination against an investment bank following the failure to pay his bonus and his redundancy.

• Bloxham v Freshfields, ET
• Hair v ICC, ET
• Joel Stransky v Bristol Rugby Limited [2003] ISLR SLR-27
• Crystal Palace FC (2000) Ltd v Stephen Bruce [2002] ISLR SLR-81
• Clancy v Cannock Chase Technical College [2001] IRLR 331

Publications

Joint author of “Garden Leave” in Employee Competition: Covenants, Confidentiality and Garden Leave, OUP, 2nd ed., 2011 and “Players’ contracts with clubs, teams and event organisers” in Sport: Law and Practice, Lewis & Taylor, Butterworths, 2nd ed., 2008. Also the author of a section on fixed term contracts for Tolley’s Discrimination Law Handbook, 2008 (new edition expected Summer 2011).

Jane acts in the civil courts and the sports tribunals, including the Court of Arbitration for Sport (CAS). Areas covered include employment, disciplinary, doping, player transfers, competition/restraint of trade, agency disputes and child protection. 

• Acting for a football agent against a Premiership footballer in a claim for non-payment of fees. 
• Acted for a large sporting regulator in relation to child protection issues arising out of allegations concerning a senior coach.
• Acted for a Championship football club in a claim arising out of the departure to a rival of the club’s former coaching team.
• Acted for a Premiership club in a claim by a former employee alleging age discrimination and unfair dismissal. 
• Acted for a Premiership club in a claim for breach of contract brought by a former employee.
• Acted for a League One club in a claim brought by a former manager.
• Ian Atkins v Bristol Rovers
  Acting for Bristol Rovers in a claim for commission brought by Ian Atkins, a former manager.
• Andrew Webster v Heart of Midlothian [2008] 1SLR – SLR 37
  Acted for Hearts in an appeal before the CAS concerning compensation for the player, Andrew Webster.
• Sheffield United v FAPL [2007] ISLR SLR-77
  Acted for Sheffield United in an arbitration challenging the failure of the FA Premier League’s Disciplinary Commission to deduct points from West Ham United in the 2006/2007 season.
• Christine Ohuruogu v UKA, BOA
  Acted for Christine Ohuruogu in relation to her one year ban for failing to give whereabouts information in front of the UKA Disciplinary Committee and on appeal to the CAS. Also acted in Ms Ohuruogu’s appeal against a life time exclusion from the Olympics under British Olympic Association rules.
• FA v Pardew
  Acted for Alan Pardew, then manager of West Ham United, in disciplinary proceedings brought by the FA arising out of a touch line spat with Arsene Wenger, manager of Arsenal.

• FAPL v Ashley Cole
• Adrian Mutu v Chelsea
• WCM-GP Limited v FIM [2003] ISLR SLR-91
• Joel Stransky v Bristol Rugby Limited [2003] ISLR SLR-27
• Crystal Palace FC (2000) Limited v Stephen Bruce [2002] ISLR SLR-81
  

Jane acts as prosecutor for the Rugby Football Union in disciplinary matters and sits on the ECB’s Appeals Panel in child protection cases. She advises sports governing bodies on a range of issues, as well as currently acting as an investigator appointed by a governing body into a complaint of discrimination. She is on the Sports Resolutions’ list of arbitrators and has experience of arbitrating disputes between players and agents, both alone and as one of a panel of arbitrators.  

Publications

Jane is the joint author of two chapters, on human rights and employment, in Sport: Law and Practice, Lewis and Taylor, Butterworths, 2nd ed., 2008. She is Case Editor for the International Sports Law Review (“ISLR”).

• Far Out Productions v Unilever UK & CN Holdings Ltd and others [2009] EWHC 3484 (Ch)
  Acted for Unilever and advertising agency BMP DDB in relation to costs arising from a claim of copyright infringement
• JHP Ltd v BBC Worldwide [2008] EWHC 757 (Ch), (2008) FSR 29
  Acted for JHP in relation to a copyright claim against BBC Worldwide concerning the Daleks.

• Mark Taylor v Rive Droite Music Ltd [2005] EWCA Civ 1300; Mark Taylor v Rive Droite Music Ltd [2004] EWHC 1605 (Ch)

Jane taught Media Law to undergraduate journalists at City University and formerly acted as libel reader for The Observer newspaper.

• Rabone v Penine Care NHS Trust [2009] EWHC 1827 (QB), (2010) PIQR P2, (2009) LS Law Medical 503, (2009) 110 BMLR 56 [2010] EWCA Civ 698, (2010) Med LR 376, (2010) 115 BMLR 191
  Acts for the Trust in a claim brought by parents alleging a breach of Article 2 of the European Convention on Human Rights (“the Convention”). The case is due to be heard by the Supreme Court in November 2011.

• In the matter of T&N Ltd (2005) [2006] 1 WLR 1728 
• Wilson v First County Trust [2003] 3 WLR 568, HL
• JA Pye (Oxford) v Graham [2002] 3 WLR 221, HL; [2001] EG 176, CA.
• International Transport Roth GmbH and others v The Home Office [2002] 3 WLR 344, CA (and at first instance).
• R v Director of Public Prosecutions, ex parte Kebilene and others [2000] 2 AC 326, HL and [1999] 3 WLR 175, Div Ct. 
• R v Video Appeals Committee of the British Board of Film Classification (“BBFC”), ex parte BBFC (2000) EMLR 850, Admin. Ct.
• R v Secretary of State for Environment, Transport and the Regions, ex parte Garland, 10th November 2000, unreported, Admin. Ct.
• R v Legal Aid Board, ex parte Kaim Todner [1999] QB 966, CA.
• R v London Beth Din, ex parte Michael Bloom, 18th November 1997, unreported, Admin. Ct.

Jane is a CEDR accredited mediator. She has acted as mediator in a range of employment, shareholder and partnership disputes. In her practice as a barrister she has acted for both employers and employees and understands the particularly stressful and delicate nature of mediations in this field.  Further, her experience in sports law matters comes from acting both for sports bodies, and individual players: she therefore understands the perspectives of both sides to a sports dispute.  Her skills in helping to bring mediations to a successful conclusion have won her praise from clients.

• Dispute between senior executive and former City employer re alleged age discrimination.
• Dispute between senior banker and investment bank after he was dismissed while ill.
• Dispute between senior police officer and the relevant police authority, allegations of whistle blowing and discrimination.
• Work place dispute with current employee over reporting structures.
• Shareholder dispute.

Previous work experience:

Before coming to the Bar, Jane worked as a journalist, latterly as editorial director for a magazine publishing company.

Other Information:

VAT registration number:  680703438