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Elaine is recognised as a leading junior in Employment by Chambers and Partners. Praise for Elaine includes, “clients absolutely adore” Elaine, who is “lovely to deal with” and “excellent on discrimination cases.” Elaine’s practice covers all aspects of employment and discrimination law. Her practice also includes human rights and harassment and stress at work claims.
In the field of employment and discrimination, Elaine has worked for a wide range of respondents and claimants. She has represented a large number of local authorities and claimants in complex and long running multi strand discrimination matters. Elaine regularly advises public bodies on high level strategic/policy matters such as the TUPE consequences of various contracting arrangements and on equality issues such as equal pay/harmonisation. She also has experience of mediation, executive termination, restrictive covenants and injunctions. She appears regularly in the Employment Tribunal, EAT, the High Court and Court of Appeal in employment matters, acting for both claimants and respondents including group litigation.
Elaine speaks and writes regularly on her specialist areas of the law for various practice publications including the New Law Journal and The Lawyer. She is a co-author of the chapter on Human Rights and Employment Law for Tolley’s Employment Law (2003 and 2009 editions). She was Treasurer of the Discrimination Law association for 6 years (2003-2009). Recently in 2009 Elaine was named a ‘Pro Bono Hero for 2009’ by the Attorney General’s Office. In recognition for the training work that she does for Lawworks, the Discrimination Law Association and for working on an appeal for a male to female transsexual involving pension rights. In June 2011 Elaine was appointed as a Barrister member of the Bar Standards Board's Complaints Committee and is the Head of the Employment Team at 7 Bedford Row.
Key cases
- Dr Bijlani v 4 New Square Chambers [2009-2010]
Five week ET hearing.
Elaine successfully represented the Respondent three Heads of Chambers and Senior Clerk in this complex, long running and high profile multi million pound claim. Elaine was instructed initially on her own and subsequently as junior counsel. The Claimant, Br Bijlani claimed substantial damages for past and future loss of earnings and personal injury. The first case of its kind involving an established tenant in chambers claiming race and disability discrimination against former Heads of Chambers and Senior Clerk. The allegations were wide ranging and going back 16 years of practice. The case called into scrutiny the workings of the independent Bar and in particular the fair allocation of work. The Claimant’s appeal to the EAT was dismissed in 2010.
- Equal Pay Group Litigation and Harmonisation Process [2009 – 2010]
Elaine advised in a number of public sector equal pay claims including acting for a local authority in a series of group action equal pay and sex discrimination claims brought by differing trade unions in the ET. Advised, drafted pleadings and representation provided in these ongoing claims. Additionally provided advice and assistance in a complex council wide related job evaluation/harmonisation process. This involved consultation with trade unions.
- Argent v NHS Luton [2009]
Elaine represented the Claimant consultant obstetrician/gynaecologist in a complex case involving the application of genuine occupational qualification (GOQ) defence in the area of gynaecology/women’s sexual health. Respondent argued it was a GOQ for the gynaecologist to be a female. Succeeded on the point of locus to bring the claim and on the point of the GOQ not applying to the post. It was not essential or a GOQ that the particular post be held by a female gynaecologist.
- Marshall v The Learning Trust & Others [February 2010]
Four week ET hearing. Represented the Respondent local authority in a long running, complex multi-strand discrimination and whistle blowing claim. Case involved wide ranging claims over a number of years including race, sex and disability discrimination.
- Ellis v Ministry of Defence [2007] All ER (D) 44 Jul:
Successful appeal on behalf of the appellant. The ET had erred in categorising the claimant’s claim as a breach of contract claim when it was one of constructive unfair dismissal and subsequently dismissed the claim. The claim was reinstated and remitted back to a fresh ET for consideration.
- Menhennet v The Message Pad [2005] EAT 11.07.05:
Successful appeal on behalf of the appellant. The appellant’s claim was ruled in time. The claimant was not to suffer prejudice as a result of the ET’s administrative failure to acknowledge faxed claim form.
- Disability Action in the Borough of Barnet v Druker [2005] All ER (D) 78 Jun. EAT 11.02.05:
Successful appeal on behalf of the appellant/respondent in unfair dismissal claim.
- London Underground Ltd v Strouthos [2003] EAT 4.06.03 [2004] All ER (D) 63 Jan:
Represented the claimant both in the ET and EAT. Significance of good employment record in gross misconduct cases. Case led onto Strouthos v London Underground Ltd [2004] IRLR 636
- Bax Global Ltd v French [2003] EAT 20.10.03:
Represented the claimant/respondent in a DDA claim where claimant was awarded £133,730. Successfully argued to adjourn the appeal application for remission to ET for additional explanation on heads of claim.
- Lane v London Metropolitan University [2005] All ER (D) 220 Jan, [2004] EAT 28.10.04:
Represented the Respondent in multi-day discrimination claim in ET. Dismissal of claims upheld in the EAT.
- Ibekwe & Others v Transport & General Workers Union [2001] EWCA Civ 432:
Represented a group of claimants in CC and successfully in Court of Appeal in breach of contract/procurement to commit breach of contract claim.
Contact Elaine Banton
Phone: +44 (0) 20 7242 3555
Fax: +44 (0) 20 7242 2511
Email: clerks@7br.co.uk