Jane Mulcahy QC is recognized as a leading silk in two key areas: employment and sport.

Head of the employment group in Chambers, she deals with complex and difficult litigation concerning employee competition, whistleblowing and discrimination. “She offers empathy and emotional intelligence in spades alongside her incredible intellect, can-do attitude, determination and hard work” (Chambers UK 2021). Many of her clients are financial institutions and large corporations. She also acts for high net worth individuals. “Her advocacy is fantastic” (Chambers UK 2021).

Her sport work is high profile and varied, including disciplinary and regulatory issues (she acted for footballers Kieran Trippier and Daniel Sturridge in cases alleging betting violations brought against them by The Football Association) as well as arbitrations and investigations (for example, “The Mulcahy Report” for Manchester City concerning historic sexual abuse allegations in football). She is “incredibly impressive” and “incisive with everything she does” (Chambers UK 2021).

She is a fellow of the Chartered Institute of Arbitrators, a CEDR accredited mediator and a member of Sport Resolutions’ arbitrator and mediator panels as well as sitting as an Anti-Corruption Hearing Officer for international tennis and an Appeal Steward for the British Boxing Board of Control. In recent years she has conducted a number of public and confidential investigations.

Experience

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Employment

Areas of work include team moves, restrictive covenants, garden leave, confidentiality, whistleblowing, discrimination, breach of contract, wrongful dismissal, unfair dismissal and redundancy.

Current and recent work includes acting for a large US-based technology company in a discrimination case; a UK insurance broker in relation to a team move; a US-based food company defending multiple wide-ranging allegations of whistleblowing and an overseas bank in relation to a potentially reputationally damaging whistleblowing claim. She is also acting for an individual alleging pregnancy, maternity and sex discrimination.

Further examples of Jane’s recent work in specific areas of Employment law can be found below.

Cases

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Employee Competition

Examples of Jane’s recent Employee Competition work can be found below.

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Whistleblowing

Examples of Jane’s recent Whistleblowing work can be found below.

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Discrimination

Examples of Jane’s recent Discrimination work can be found below.

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Bonus & Remuneration

Examples of Jane’s recent Bonus & Remuneration work can be found below.

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Employment Status & Contracts

Examples of Jane’s recent Employment Status and Contracts work can be found below.

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Financial Services & Regulatory Disputes

Examples of Jane’s recent Financial Services & Regulatory Disputes work can be found below.

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Sport

Jane acts in the civil courts, arbitrations and sports tribunals, including the Court of Arbitration for Sport. Areas covered include breach of contract, employment, disciplinary and regulatory matters, doping, corruption, player transfers, competition/restraint of trade, agency disputes and child protection.

Jane sits as an Appeal Steward for the British Board of Boxing Control and as an Anti-Corruption Hearing Officer for international tennis. She advises sport governing bodies on a range of issues and is on Sport Resolutions’ panel list of mediators and arbitrators. In respect of the latter roles, she has experience of arbitrating disputes between players, agents and clubs, both alone and as one of a panel of arbitrators and has mediated sports cases. She conducted, with solicitors Pinsent Masons, the investigation for Manchester City concerning historic allegations of sexual abuse (resulting in “The Mulcahy Report”).

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Arbitration

Jane is a fellow of the Chartered Institute of Arbitrators and is included in Sport Resolutions’ panel of arbitrators. She has experience of arbitrating disputes between players, agents, clubs and managers, both alone and as one of a panel of arbitrators, as well as arbitrating employment disputes, including issues concerning employee competition. She also sits as an Appeal Steward for the British Boxing Board of Control and an Anti-Corruption Hearing Officer for world tennis.

Jane is appointed to the arbitration panel for IMPRESS, the independent press regulator.

 

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Investigations & Inquiries

Jane has substantial experience of conducting both high profile and highly sensitive and confidential investigations for a range of clients. In relation to the latter, her experience includes investigating:

  • Multiple separate allegations concerning the actions of senior lawyer in a City law firm.
  • Allegations against a barristers’ Chambers.
  • Discrimination allegations against a senior manager in an insurance company.

 

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Mediation

Jane is CEDR accredited and has mediated a range of employment, sport, music, shareholder and partnership disputes. In facilitating settlement, she draws on her long experience of acting for both sides in litigation in the relevant areas and understands the particularly stressful and delicate nature of mediations in these fields, particularly when relationships are ongoing. She is a member of Sport Resolutions’ mediation panel.

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Achievements

Education

Diploma in Law (City): distinction

Publications

  • Joint author of “Garden Leave” and “Practice and Procedure” in Employee Competition: Covenants, Confidentiality and Garden Leave, OUP, 3rd ed., 2016.  
  • Jane is the joint author of three chapters, on human rights, employment and child protection, in Sport: Law and Practice, Lewis and Taylor, Butterworths, 3rd ed., 2014. She is Case Editor for the International Sports Law Review (“ISLR”).

Appointments

  • Anti-Corruption Hearing Officer for world tennis.
  • Appeal steward for the British Boxing Board of Control.
  • Panel member for Sport Resolutions (Legal Arbitrator and Mediator).

Memberships

  • Member of the Employment Lawyers Association (“ELA”) and the Employment Law Bar Association (“ELBA”).

Selected earlier reported cases

Employment

  • Tradition Securities & Futures v Mouradian [2009] EWCA Civ 60, 11 February 2009
  • Boland v Absolute Taste, McLaren, ET, January 2009
  • F&C Asset Management v Switalski, EAT, 9 December 2008
  • Extec Screens & Crushers Ltd v David Rice [2007] EWHC 1043 (QB), 4 May 2007
  • 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

Sport

  • Andrew Webster v Heart of Midlothian [2008] 1SLR – SLR 37
  • Sheffield United v FAPL [2007] ISLR SLR-77
  • Christine Ohuruogu v UKA, BOA
  • 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

Media & Entertainment

  • Far Out Productions v Unilever UK & CN Holdings Ltd and others [2009] EWHC 3484 (Ch)
  • JHP Ltd v BBC Worldwide [2008] EWHC 757 (Ch), (2008) FSR 29
  • Mark Taylor v Rive Droite Music Ltd [2005] EWCA Civ 1300; Mark Taylor v Rive Droite Music Ltd [2004] EWHC 1605 (Ch)

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