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Jennifer Gray

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+44 (0)20 7822 1200
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Expertise

Jennifer has wide experience of claims involving detention, administrative removal and deportation (non-EEA and EEA), protective and non-protective human rights claims (including claims relating to modern slavery), appeal rights, certification and fresh claims, the points based system and sponsor licences.

Jennifer has expertise in the following areas:

  • Asylum and human rights claims
  • Claims relating to modern slavery
  • Deportation and administrative removal (non-EEA and EEA)
  • Unlawful detention claims
  • Staged settlement
  • Appeal rights, certification and fresh claims
  • Points-based system claims and administrative review
  • Refusal and revocation of sponsor licences
  • Procedural and policy issues

Jennifer appears regularly in the Upper Tribunal (IAC) and the Administrative Court in judicial review proceedings at both the permission and substantive stages.

Notable Immigration, Asylum & Human Rights cases

R (on the application of AC (Algeria)) v Secretary of State for the Home Department [2019] EWHC 188 (Admin)

Foreign national offender, lawfulness of detention pending deportation, grant of bail in principle, provision of Schedule 10 accommodation, delay in determining asylum claim, effect of non-co-operation re nationality, whether C should have been referred to the NRM as a potential victim of trafficking, materiality.

R (on the application of Farhan Aslam) v Secretary of State for the Home Department [2018] EWHC 2123 (Admin)

Administrative removal, lawfulness of detention, whether non-EEA or EEA regime applied, retained rights of residence, rationality of D’s decision that C’s marriage not valid and was one of convenience, service of decision letter, lawfulness of procedure, materiality.

R (on the application of Sheraz Khan (trading as Exmoor Surgery) v Secretary of State for the Home Department [2018] EWHC 105 (Admin)

Refusal of application for Tier 2 (general) sponsor licence, genuine vacancy, compliance with residential labour market test, record keeping and recruitment, appropriate SOC code).

R (on the application of Hussein & Rahman) v Secretary of State for the Home Department [2018] EWHC 213 (Admin), [2018] 2 WLUK 27, [2018] A.C.D. 32

Conditions and “lock in” at IRC Brook House challenged by practising adherents of Muslim faith, Articles 9 & 14 ECHR engaged, conditions indirectly discriminatory under Section 19 Equality Act 2010, whether D had shown justification, breach of public sector equality duty.

R (on the application of TS (India)) v Secretary of State for the Home Department [2017] EWHC 837 (Admin), [2017] WLUK 29

Administrative removal, lawfulness of detention, Rule 35 report, fresh claims, section 3C leave, fraudulent use of ETS certificate.

Pathan v Secretary of State for the Home Department (JR/12657/2017)

Refusal of ILR under paragraph 322(5) IR on basis of dishonesty arising from discrepancy of earnings declared to S of S and HMRC in previous LTR application, accountant’s error blamed, whether R rationally entitled to refuse application. Considered in R (on the application of Khan) v SSHD (Dishonestly, tax return, paragraph 322(5) [2018] UKUT 00348 (IAC).

R (on the application of Qarani) v SSHD [2017] EWHC 507 (Admin)

Lawfulness of detention pending deportation, dispute over nationality, delay in obtaining ETD, provision of Section 4 accommodation, application for bail.

Thomas & Others v Secretary of State for the Home Department (JR/13587/2016)

Fresh claims challenge, whether decision required in respect of fourth applicant for whom no human rights claim had been made, materiality.

Alaimagan Thangarajah v Secretary of State for the Home Department (JR/445/2016)

Challenge to refusal to revoke deportation order and to certification under Regulation 26(5) of the Immigration (European Economic Area) Regulations 2006, exercise of discretion, failure to give reasons.

Badavi v Secretary of State for the Home Department (JR/6869/2016)

Fresh claims, whether S of S entitled to conclude that A’s sur place activities relating to the treatment of Ahwazi Arabs by the Iranian authorities since the earlier FtT decision did not admit of a realistic prospect of success before an IJ.

Menon v Secretary of State for the Home Department (JR/1719/2016)

A’s application for ILR as Tier 1 (General) Migrant refused under paragraph 322(5) general grounds of refusal (conduct), S of S entitled to rely on information from HMRC from which S of S concluded A had misstated true financial position to either HMRC or UKVI, lawful exercise of discretion on the facts, procedural unfairness rejected.

Jeyarasa v Secretary of State for the Home Department (JR/7557/2016)

Fresh claims, whether S of S had applied anxious scrutiny of the evidence in the light of his own guidance relating to Tamil Separatism.

Khurram v Secretary of State for the Home Department (effective service; 2000 Order) IJR [2016] UKUT 00281 (IAC)

Construction of Article 8ZA (2)(c) of the Immigration (Leave to Enter and Remain) Order 2000, in the alternative notice of curtailment properly served to A’s last-known or usual place of abode within Art 8ZA(3)(a).

Sharfi v Secretary of State for the Home Department (JR/10704/2015)

Challenge to refusal of FLR as an entrepreneur, whether A had already provided evidence of funds on his last successful PBS application so as not to be required to do so again, whether mistake of fact, materiality.

Msiza v Secretary of State for the Home Department [2015] UKUT 00483 (IAC)

Lawfulness of refusal of leave on Article 8 grounds, effect of supplementary letter.

Sorae v Secretary of State for the Home Department (JR/14748/2014)

Application of policy relating to overstaying (non-family route), exercise of discretion, rationality of S of S decision that there were no exceptional circumstances in A’s case, materiality.

Jennifer acts for a broad range of clients including both claimants and respondents in the public and private sectors. Recent cases have included claims relating to unfair and wrongful dismissal, discrimination and equal opportunities, whistleblowing, maternity and parental rights, redundancy and changes to contract terms.

Jennifer has expertise in the following fields of employment law:

  • employment status
  • atypical work
  • changes to employment terms and conditions
  • maternity and paternity regulations
  • shared parental leave
  • fixed term contracts
  • all aspects of discrimination law including pregnancy and maternity discrimination, disability discrimination, race discrimination and religious discrimination
  • unfair dismissal
  • wrongful dismissal
  • redundancy
  • whistleblowing
  • wage claims
  • holiday pay

She also has a particular interest in collective labour law.

As well as substantive hearings, Jennifer regularly attends case management discussions and preliminary hearings and prefers to be involved in a case throughout. She has experience of dealing with a wide range of procedural issues, including jurisdictional issues, specific disclosure, identifying the issues to be determined, amendment of pleadings, applications to strike out, and applications for unless orders, deposit orders and costs.

Notable Employment cases

Trayhorn v S of S for Justice

Acting for the respondent prison (HMP Littlehey) in a claim by a former employee for direct and indirect religious discrimination, harassment and constructive unfair dismissal relating to the Claimant’s participation in a prison chapel service. The Claimant’s claims were dismissed.

Devine v Local Government Boundary Commission for England

Acting for the respondent in a lengthy claim for failure to make reasonable adjustments by a litigant in person. The Claimant’s claims were dismissed.

Akintunde v S of S for Justice

Acting for the respondent prison (HMP Pentonville) in a claim for direct race discrimination and unfair dismissal for gross misconduct in failing to carry out an order. The Claimant’s claims were dismissed.

O'Callaghan v St Francis Catholic Primary School

Acting for the respondent school in a claim by a former deputy head teacher for ‘last straw’ unfair constructive dismissal and whistleblowing. The claimant subsequently withdrew her whistleblowing claim and the unfair constructive dismissal claim was dismissed.

Velupillai v Camden & Islington NHS Foundation Trust

Acting for the respondent health authority against claims for unfair dismissal, breach of contract and notice pay brought by a nurse who had been dismissed for gross misconduct following an incident at a care home. The claimant’s claims were dismissed.

Assan v De La Salle School

Acting for a respondent school in a complex claim for race discrimination and ‘last straw’ unfair constructive dismissal brought by a former teacher at the school. The claimant’s claims were dismissed.

Jackson v Croydon NHS Trust

Acting for a claimant in a rule 3(10) hearing in the EAT. The claimant was given leave to proceed to a full appeal against a costs award made against her by the Employment Tribunal. The appeal was subsequently allowed by consent and the costs ruling set aside.

Brind v OR Media

Acting for a claimant against a television production company in a claim for breach of maternity regulations, maternity discrimination, harassment, breach of contract and unfair dismissal when the claimant was prevented from returning to her former role after taking maternity leave. The claimant succeeded in her claim and was awarded almost £50,000 in compensation, including an injury to feelings award of £17,000.

Significant Cases

R (on the application of AC (Algeria)) v Secretary of State for the Home Department [2019] EWHC 188 (Admin)

Foreign national offender, lawfulness of detention pending deportation, grant of bail in principle, provision of Schedule 10 bail accommodation, delay in determining asylum claim, effect of non-co-operation re nationality, whether C should have been referred to the NRM as a potential victim of trafficking, materiality.

R (on the application of Farhan Aslam) v Secretary of State for the Home Department  [2018] EWHC 2123 (Admin)

Administrative removal, lawfulness of detention, whether non-EEA or EEA regime applied, retained rights of residence, rationality of D’s decision that C’s marriage not valid and was one of convenience, service of decision letter, lawfulness of procedure, materiality.

R (on the application of Sheraz Khan (trading as Exmoor Surgery) v Secretary of State for the Home Department [2018] EWHC 105 (Admin)

Refusal of application for Tier 2 (general) sponsor licence, genuine vacancy, compliance with residential labour market test, record keeping and recruitment, appropriate SOC code).

R (on the application of TS (India)) v Secretary of State for the Home Department [2017] EWHC 837 (Admin), [2017] WLUK 29

Administrative removal, lawfulness of detention, Rule 35 report, fresh claims, section 3C leave, fraudulent use of ETS certificate.

At the interim relief stage:

R (on the application of K, AM) v Secretary of State for the Home Department [2018] EWHC 2951 (Admin)

Lawfulness of reduction of subsistence rates to potential victims of trafficking who were also asylum seekers, Contract Change of 1 March 2018, whether discrimination objectively justified, non-compliance with section 149(1) of the Equality Act 2010 (public sector equality duty).

R (on the application of Hussein & Rahman) v Secretary of State for the Home Department [2018] EWHC 213 (Admin), [2018] 2 WLUK 27, [2018] A.C.D. 32

Conditions and “lock in” at IRC Brook House challenged by practising adherents of Muslim faith, Articles 9 & 14 ECHR engaged, conditions indirectly discriminatory under Section 19 Equality Act 2010, whether D had shown justification, breach of public sector equality duty.

R (on the application of Qarani) v SSHD [2017] EWHC 507 (Admin)

Lawfulness of detention pending deportation, dispute over nationality, delay in obtaining ETD, provision of Section 4 bail accommodation, High Court granting bail with conditions.

Upper Tribunal (IAC):

Pathan v Secretary of State for the Home Department (JR/12657/2017)

Refusal of ILR under paragraph 322(5) IR on basis of dishonesty arising from discrepancy of earnings declared to S of S and HMRC in previous LTR application, accountant’s error blamed, whether R rationally entitled to refuse application. Considered in R (on the application of Khan) v SSHD (Dishonestly, tax return, paragraph 322(5) [2018] UKUT 00348 (IAC).

Khurram v Secretary of State for the Home Department (effective service; 2000 Order) IJR [2016] UKUT 00281 (IAC)

Construction of Article 8ZA (2)(c) of the Immigration (Leave to Enter and Remain) Order 2000 whether, in the alternative notice of curtailment properly served to A’s last-known or usual place of abode within Art 8ZA(3)(a).

Brookes v Government Legal Service

Acting for the respondent in a claim for indirect disability discrimination, discrimination arising from disability and failure to make reasonable adjustments relating to the respondent’s recruitment process – disadvantage, whether Situational Judgment Test commensurate with competency, whether adjustments reasonable. The claimant succeeded in her claim, which was upheld on appeal (Government Legal Service v Brookes UKEAT/0302/16/RN)

Trayhorn v S of S for Justice

Acting for the respondent prison (HMP Littlehey) in a claim by a former employee for direct and indirect religious discrimination, harassment and constructive unfair dismissal relating to the Claimant’s participation in a prison chapel service. The claimant’s claims were dismissed.

See more

Privacy Policy

Jennifer Gray Privacy Policy

My contact details:

ICO Reg No: ZA037357
Address: 2 Temple Gardens, London, EC4Y 9AY
Email: clerks@2tg.co.uk
Phone: +44 (0)20 7822 1200

The type of personal information I collect

To enable me to provide you with legal advice and representation in courts, tribunals, arbitrations and mediations, I currently collect and process the following personal information:

Personal identifiers, contacts and characteristics (for example, name, date of birth and contact details), bank and financial details, your background and circumstance and education.

Other personal data relevant to, or included in instructions to provide legal services, including data specific to the instructions in question and data included in documents provided to me as part of instructions or otherwise.

Such information may include personal information relating to family members, associates, agents, employees, shareholders or beneficial owners. By providing such personal information to me, you automatically confirm that you are authorised to do so. It is not reasonably practicable for me to provide the information set out in this Privacy Notice to those individuals. Accordingly, where appropriate, you are responsible for providing this information to any such individuals.

Where necessary, I may also need to process Special Category data about you including

  • racial or ethnic origin;
  • personal data revealing political opinions;
  • personal data revealing religious or philosophical beliefs;
  • personal data revealing trade union membership;
  • genetic data;
  • biometric data (where used for identification purposes);
  • data concerning health;
  • data concerning a person’s sex life; and
  • data concerning a person’s sexual orientation.

How I get the personal information and why I have it

Most of the personal information that I process is provided to me directly by you or via the professional you have instructed such as a solicitor or consultant or other professional adviser who instructs me on your behalf to provide legal services.

I use the information that you have given me in order to

  • provide legal services to you, my client, including the provision of legal advice and
  • representation in courts, tribunals, arbitrations, and mediations
  • keep accounting records and carry out office administration
  • take or defend legal or regulatory proceedings or to exercise a lien
  • respond to potential complaints or make complaints
  • check for potential conflicts of interest in relation to future potential cases
  • promote and market my services
  • carry out anti-money laundering and terrorist financing checks
  • train other barristers and pupils, and when providing work-shadowing opportunities
  • publish legal judgments and decisions of courts and tribunals as required or permitted by law.

I may share this information with

  • other professional advisers such as other legal professionals and consultant experts and other witnesses
  • courts and tribunals
  • the staff in my Chambers
  • prosecution authorities
  • pupils and mini pupils
  • lay clients
  • family and associates of the person whose personal information I am processing
  • in the event of complaints, the Head of Chambers, other individuals nominated by Chambers who deal with complaints, the Bar Standards Board, and the Legal Ombudsman
  • other regulatory authorities
  • current, past or prospective employers
  • education and examining bodies
  • business associates, professional advisers and trade bodies, e.g. the Bar Council
  • professional indemnity insurers or brokers
  • the general public in relation to the publication of legal judgments and decisions of courts and tribunals
  • If you have engaged other professional advisers to instruct me on your behalf on the matters on which I am providing legal services to you, I shall assume that I may disclose your personal information to them unless you tell me otherwise.
  • I may be required to provide your information to regulators, such as the Bar Standards Board, the Financial Conduct Authority or the Information Commissioner’s Office. In the case of the Information Commissioner’s Office, there is a risk that your information may lawfully be disclosed by them for the purpose of any other civil or criminal proceedings, without my consent or yours, which includes privileged information.
  • I may also be required to disclose your information to the police or intelligence services, where, acting in good faith, I consider it required and permitted by law.

Under the General Data Protection Regulation (GDPR), the lawful basis I rely on for processing this information is

  • The processing is necessary for a contract I have with you, or because you have asked me to take specific steps before entering into a contract.
  • You are able to remove your consent at any time. You can do this by contacting me.
  • It may be necessary for me to share your personal data to comply with legal obligations to, for example, HMRC.

How I store your personal information

Your information is securely stored in Chambers or at my home. I use reasonable technical and organisational security measures such as password protection and encryption of computer generated data and keeping paper data secure to prevent personal information from being accidentally lost or destroyed, or used or accessed in an unauthorised way.

In this connection, Chambers, as data processor, acting on my behalf, will only process your personal data on my instructions and is subject to a duty of confidentiality.

The data will be held in line with any regulatory obligations and generally be kept for 6 years but may be 12 years, or longer where, for example, the case includes information relating to a minor, from the date of completion of instructions. At this point any further retention will be reviewed and the data will be marked for deletion or marked for retention for a further period.

All data will be securely deleted or securely shredded after this time without reference to you. I will store some of your information which I need to carry out conflict checks for the rest of my career. However, this is likely to be limited only to your name and contact details and the name of the case. It will not include any information that is “sensitive information” for GDPR purposes.

Your data protection rights

Under data protection law, you have rights including:

  • Your right of access – You have the right to ask me for copies of your personal information.
  • Your right to rectification – You have the right to ask me to rectify personal information you think is inaccurate. You also have the right to ask me to complete information you think is incomplete.
  • Your right to erasure – You have the right to ask me to erase your personal information in certain circumstances.
  • Your right to restriction of processing – You have the right to ask me to restrict the processing of your personal information in certain circumstances.
  • Your right to object to processing – You have the the right to object to the processing of your personal information in certain circumstances.
  • Your right to data portability – You have the right to ask that I transfer the personal information you gave us to another organisation, or to you, in certain circumstances.
  • You are not required to pay any charge for exercising your rights. If you make a request, I have one month to respond to you. Please contact me at 2 Temple Gardens, London, EC4Y 9AY or clerks@2tg.co.uk if you wish to make a request.

Transfer of your information outside the European Economic Area (EEA)

This privacy notice is of general application and as such it is not possible to state whether it will be necessary to transfer your information out of the EEA. If I do transfer your personal data I will use safeguards to ensure the data is fully protected as required by the UK Data Protection Regulations.

Changes to my Privacy Policy

From time to time, I may need to make chances to my privacy policy. If so, the changes will appear on my entry on the 2TG website.

Marketing

As above, I may share your personal data with Chambers who may in turn use that data to notify you by email, or post about an invitation to seminars and similar events. You may opt out of receiving any such marketing communications at any time by using the “unsubscribe” link in any emails. In relation to how Chambers uses such data, please see Chambers’ privacy policy. Other than sharing personal data with Chambers as described above, I will not share your information with any other third party for marketing purposes.

How to complain

If you have any concerns about my use of your personal information, you can make a complaint to me or to my Senior Clerk, Lee Tyler at 2 Temple Gardens, London, EC4Y 9AY or clerks@2tg.co.uk. You can also complain to the ICO if you are unhappy with how we have used your data.

The ICO’s address:

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Helpline number: 0303 123 1113
ICO website: https://www.ico.org.uk

© Briefed Ltd 2021. All Rights Reserved.

Contact Jennifer
+44 (0)20 7822 1200
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  • Junior Counsel to the Crown (B Panel)

  • Dickson Poon School of Law Prize (2012)

  • LLM Employment Law (Distinction), King’s College London
  • BA (Hons) Economics, Manchester University

  • Employment Law Association
  • Employment Law Bar Association
  • Institute of Employment Rights

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