Elaine practises exclusively in employment and discrimination law. Her practice also includes harassment and stress at work claims. She appears regularly in the Employment Tribunal, Employment Appeal Tribunal, the High Court and Court of Appeal in employment matters, acting for both claimants and respondents including in group litigation.
She is currently treasurer of the Discrimination Law Association, on the equality panel for Justice and a panel barrister for the Equal Opportunities Commission.
Elaine speaks and writes regularly on her specialist areas. She is a co-author of the chapter on Human Rights and Employment Law for Tolley’s Employment Law (2003).
Key cases
- 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
- Piscitelli v Zilli Fish Ltd. EAT 21.12.05 (0638/05) [2005] All ER (D) 333 Dec, IDS Brief 798, February 2006 : The first EAT case on raising an appeal under the statutory dismissal procedures. A letter before action requesting a cash settlement did not raise an appeal and therefore could not be relied on for the purpose of extending time limits
- 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