• Bencher (2019)

  • Association of Regulatory & Disciplinary Lawyers (ARDL)
  • Bar Council Equality Diversity & Social Mobility Committee
  • British Association for Sport & Law (BASL)
  • Discrimination Law Association (DLA)
  • Employment Law Bar Association (ELBA)
  • Employment Lawyers Association (ELA)
  • Temple Women’s Forum Committee

Instructing Elaine Banton

For more information please contact our clerks by calling +44 (0)20 7242 3555.

Elaine Banton is an experienced, highly regarded barrister practising across the whole range of employment, equality and discrimination law matters appearing regularly at all levels of tribunals and courts including the High Court and Court of Appeal.

Elaine acts for employees and employers in all areas of employment law in long running multi-strand discrimination matters and advises international and national businesses, charities and public bodies on high level strategic/policy matters such as the TUPE consequences of various contracting arrangements, whistleblowing and on equality issues such as equal pay/harmonisation. She is regularly instructed in high value and complex trials. Her client base includes the arts, media, global financial institutions and high net worth individuals as well as group claims. She also has experience of executive termination, restrictive covenants and injunctions.

Elaine appears in all discrimination claims including public functions and services matters. Elaine’s practice also includes disciplinary, regulatory, sports law, human rights, harassment and stress at work claims including health and safety and Covid-19 related matters.

Often appearing in high profile, impactful cases, Elaine was featured as The Lawyer’s Barrister of the Week in November 2021 regarding a widely reported discrimination case. Notable and reported cases may be found in the Employment section below.

Elaine has considerable experience in conducting grievance and disciplinary investigations and reviews of employment practice and procedure. Elaine also Chairs internal disciplinary and complaints panels.

Elaine frequently appears as an advocate in mediations of all description acting for various parties in all types of complex employment and discrimination disputes. Elaine has extensive experience in professional disciplinary cases before various regulatory bodies. More information may be found in the Regulatory and Professional section below.

Elaine speaks, writes and broadcasts regularly on her specialist areas of the law for various practice publications. She is a contributor for Harvey Industrial Relations and Employment Law, co-author of Division J Family Matters  and co-author of the chapter on Human Rights and Employment Law for Tolley’s Employment Law.

An active member of the Discrimination Law Association, she was Treasurer of the DLA for 6 years. In 2009 Elaine was named a ‘Pro Bono Hero for 2009’ by the Attorney General’s Office. From 2011 to 2014 Elaine was a Barrister member of the Bar Standards Board’s Complaints Committee.

Elaine is a member of DLA, ELBA, ELA, ILS and Justice.

Elaine is the Co-Chair of the Bar Council’s EDSM Committee and is an elected member on the Bar Council’s GMC.

Elaine is a member of the Committee for the Inns of Court Alliance for Women.

Elected Bencher at Middle Temple March 2019.

Member of Middle Temple’s Appointment Committee and Former Co-Chair of Middle Temple’s Race Equality, Inclusion and Anti-Racism Working Group.

Head of 7BR’s Employment Team and Chair of 7BR’s internal EDSM Committee.

Chair of the Board of Talawa Theatre.

Trustee of Youth Charter, a United Nations Accredited NGO.

Elaine was Finalist for the ‘First 100 Years Inspirational Woman of the Year Award’, Barrister of the Year 2019.

Elaine featured on BBC One’s Panorama episode “Belly Mujinga: Searching for the Truth” on 12th October 2020. She discussed the importance of the Employers responsibility during the COVID -19 pandemic. You can view the episode here.

Legal Expertise

Employment

Elaine Banton is an experienced, highly regarded barrister practising across the whole range of employment, equality and discrimination law matters appearing regularly at all levels of tribunals and courts including the High Court and Court of Appeal.

Elaine acts for employees and employers in all areas of employment law in long running multi-strand discrimination matters and advises international and national businesses, charities and public bodies on high level strategic/policy matters such as the TUPE consequences of various contracting arrangements, whistleblowing and on equality issues such as equal pay/harmonisation. She is regularly instructed in high value and complex trials. Her client base includes the arts, media, global financial institutions and high net worth individuals as well as group claims. She also has experience of executive termination, restrictive covenants and injunctions.

Elaine appears in all discrimination claims including public functions and services matters. Elaine’s practice also includes disciplinary, regulatory, sports law, human rights, harassment and stress at work claims including health and safety and Covid-19 related matters.

Notable Employment cases

Lily Properties Nominees Ltd & Ors v William Stonebridge & Ors [2022] EWHC 76 (Ch)

Unfair prejudice appeal with race discrimination aspect regarding s172 and s994 Companies Act 2006. Pending consideration of appeal to the Court of Appeal.

View Judgment >
Source Bioscience UK Ltd & Ors v Wheatcroft & Anor [2021] EWHC 2909 (QB) (27 August 2021)

High Court Injunction, Restrictive Covenants, Undertakings, Trade secrets, Covid-19 testing technology.

View Judgment >
Ms S Tesfagiorgis v Aspinalls Club T/a Crown London Aspinalls and others: 2202256/2020

High-profile, multi-day, intensive media attention. Successful direct race discrimination claim involving the substitution of a black female for a white female at request of a wealthy client. First case of its kind in the Casino industry.

View Judgment >
Buckle v Ashford And St Peter's Hospital NHS Trust & Anor (PRACTICE AND PROCEDURE) [2021] UKEAT 0054_20_1806 (18 June 2021)

Race discrimination claim. Appellant midwife severely impacted by racial incident at work. Incapacitated and unable to work again.

View Judgment >
Shah v TIAA [2020] UKEAT/0180/19 [2020] 1 WLUK 82

Disability discrimination, unfair dismissal and long service; Harassment; Reasonable adjustments.

Kilraine v Lion Academy Trust [2020] EWCA Civ 551

Fixed-term contract, expiry, notice and termination of employment. Collective agreements (Teachers, Burgundy Book). Pending appeal to the UK Supreme Court.

View Judgment >
Park Chinois Ltd v Ozkara & Cakir [2019] UKEAT/0224/18/DA, UKEAT/0225/18/DA, UKEAT/0017/19/DA, [2019] 7 WLUK 600

Extension of time just and equitable, reinstatement, breach of contract.

View judgment >
Commerzbank AG v Ms J Rajput [2019] UKEAT/0164/18, [2019] ICR 1631,[2019] IRLR 772, [2019] 6 WLUK 468 [2019] All ER (D) 55 (Jul)

Stereotypes in sex discrimination and maternity discrimination.

View judgment >
Wood v Durham County Council [2018] UKEAT/0099/18/OO

Disability discrimination involving claimant’s “tendency to steal” excluded condition.

View judgment >
Kilraine v Lion Academy Trust [2018] UKEAT/0194/17/BA

Successful cross appeal and defence of appeal. Fixed-term contract and protected disclosures.

View judgment >
O'Brien v Bolton St Catherine's Academy [2017] EWCA Civ 145, [2017] 3 WLUK 386, [2017] ICR 737, IRLR 547 CA S15 EA 2010 Times, May 8, 2017

s15 EA 2010 Disability discrimination dismissal claim dealing with long term sickness absence of more than 14 months. Guidance provided.

View judgment >
Look Ahead Housing & Care Ltd v Chetty [2015] ICR 375 EAT

Race discrimination remedy and ET fees.

View judgment >
Chawla v Hewlett Packard [2015] IRLR 356 EAT

Disability discrimination compensation 10% uplift Simmons v Castle.

View judgment >
O'Brien v Bolton St Catherine's Academy [2015] UKEAT 0051

Disability discrimination arising from disability, unfair dismissal long absence. Case listed in the Court of Appeal.

View judgment >
A v The Chief Constable of West Midlands Police [2015] UKEAT 0313/14

Sexual harassment practice and procedure.

View judgment >
Mruke v Khan [2014] UKEAT 0241/13

Forced labour trafficking employment case. Constructive dismissal ruling. Claim in Court of Appeal and race claim possibly Supreme Court.

View judgment >
Podkowka v Kensington and Chelsea RBC [2014] UKEAT 0433/12

Practice and procedure. Bias, misconduct and procedural irregularity.

View judgment >
Plymouth CC v White [2013] UKEAT 0333/13

Practice and Procedure. Guidelines for disclosure disputes on confidentiality.

Kapoor v Barnhill Community High School Governing Body [2013] UKEAT 0352/13

Practice and procedure. Striking out or dismissal.

Dr Bijlani v 4 New Square Chambers (2009-2010)

Five week Employment Tribunal hearing. Successfully represented the Respondent, New Square Chambers, in this widely reported £30m discrimination claim, and complex case and the first of its kind involving an established barrister claiming race and disability discrimination against former Heads of Chambers and Senior Clerk.

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.

View judgment >

Regulatory & Professional Discipline

Elaine has an established background encompassing advice and litigation relating to the regulation of professionals including police officers, teachers, social workers, medics and sports professionals. Elaine also has considerable experience of appearing on behalf of dentists and medics in respect of fitness to practice and disciplinary matters. In the case of police officers Elaine has acted for senior police officers at both Misconduct Hearings and Police Appeal Tribunals (PAT). Elaine’s practice also includes judicial review.

Elaine served as a Barrister member of the Bar Standard’s Boards’ Complaints Committee from 2011-2014 and has been a School Governor including Vice-Chair at various schools for over 12 years.

Financial Services Regulation & Enforcement

Elaine has experience in advising and appearing in a wide range of financial services regulatory matters. Elaine has carried out training for the IFA (Institute of Financial Accountants). Elaine also sits as a Legal Assessor for the IFA.


Sports Law

Elaine’s practice covers a variety of aspects of sports law encompassing the interests of sports organisations, coaches, teachers and managers in addition to individual sportsmen and women. Elaine has a particular interest in football and athletics and in issues involving all forms of discrimination and harassment. Such as advising and training Kick It Out, football’s lead in equality and diversity inclusion issues.


Regulatory & Disciplinary In Sport

Elaine appears in various sports regulatory and disciplinary matters including safeguarding for both individuals and regulatory bodies at all levels.


  • Bencher (2019)

  • Association of Regulatory & Disciplinary Lawyers (ARDL)
  • Bar Council Equality Diversity & Social Mobility Committee
  • British Association for Sport & Law (BASL)
  • Discrimination Law Association (DLA)
  • Employment Law Bar Association (ELBA)
  • Employment Lawyers Association (ELA)
  • Temple Women’s Forum Committee

Instructing Elaine Banton

For more information please contact our clerks by calling +44 (0)20 7242 3555.

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