Elaine Banton has specialised in employment, equality and discrimination law from the outset of her career.
Elaine frequently represents both Claimants and Respondents in long running multi-strand discrimination matters and 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 is regularly instructed in high value and complex trials by private companies, public sector bodies, charities and individuals. Appearing at all levels of tribunals and courts often against QCs. Her practice also includes disciplinary, regulatory, sports law, human rights, harassment and stress at work claims.
She speaks and writes regularly on her specialist areas of the law for various practice publications. Elaine is a 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 the Bar Council’s Equality Diversity and Social Mobility Committee and a member of the Temple Women’s Forum Committee. Elected Bencher at Middle Temple March 2019.
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
Governor of St James’ C of E Primary School
Co-Chair of Middle Temple’s Race Equality, Inclusion and Anti-Racism Working Group
Elaine is the Co-Chair of the Bar Council’s EDSM Committee and on the Bar Council’s GMC.
She was also a 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.
Elaine is qualified to accept instructions directly from clients and is registered under the Bar Council’s Public Access Scheme, meaning that members of the public who seek specialist advice can come direct to her. In addition, she welcomes instructions from solicitors, in-house law departments, qualified foreign lawyers, and clients licensed by the Bar Council to give instructions direct to barristers under the Bar Council’s Licensed Access Scheme. For more information please visit our Direct Access page here.
Elaine has specialised in employment and discrimination law from the outset of her career. Her practice covers the broad range of employment and discrimination law. Elaine represents both Claimants and Respondents in long running multi-strand discrimination matters and 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.
Elaine 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.
She is regularly instructed in high value and complex trials by private companies, public sector bodies and individuals. Her practice also includes disciplinary, regulatory, sports law, human rights, harassment and stress at work claims including health and safety and Covid-19 related matters.
Elaine speaks and writes regularly on her specialist areas of the law for various practice publications. Elaine is a member of the Bar Council Equality Diversity and Social Mobility Committee.
Disability discrimination, unfair dismissal and long service; Harassment; Reasonable adjustments.
Fixed-term contract, expiry, notice and termination of employment. Collective agreements (Teachers, Burgundy Book).
Extension of time just and equitable, reinstatement, breach of contract.View judgment >
Stereotypes in sex discrimination and maternity discrimination.View judgment >
Disability discrimination involving claimant’s “tendency to steal” excluded condition.View judgment >
Successful cross appeal and defence of appeal. Fixed-term contract and protected disclosures.View judgment >
s15 EA 2010 Disability discrimination dismissal claim dealing with long term sickness absence of more than 14 months. Guidance provided.View judgment >
Race discrimination remedy and ET fees.View judgment >
Disability discrimination compensation 10% uplift Simmons v Castle.View judgment >
Disability discrimination arising from disability, unfair dismissal long absence. Case listed in the Court of Appeal.View judgment >
Sexual harassment practice and procedure.View judgment >
Forced labour trafficking employment case. Constructive dismissal ruling. Claim in Court of Appeal and race claim possibly Supreme Court.View judgment >
Practice and procedure. Bias, misconduct and procedural irregularity.View judgment >
Practice and Procedure. Guidelines for disclosure disputes on confidentiality.
Practice and procedure. Striking out or dismissal.
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.
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 >
Elaine has an established background encompassing advice and litigation relating to the regulation of professionals including police officers, teachers, social workers, medics and sports people. In the case of police officers Elaine has acted for police officers at both Misconduct Hearings and Police Appeal Tribunals (PAT). Elaine’s practice also includes judicial review where applicable.
Elaine served as a Barrister member of the Bar Standard’s Boards’ Complaints Committee from 2011-2014.
Elaine has experience in advising and appearing in a wide range of financial services regulatory matters. In the past Elaine has carried out training for the IFA (Institute of Financial Accountants) Elaine also sits as a Legal Assessor for the IFA.
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 forerunner in equality and diversity inclusion issues.
Elaine also writes and speaks regularly on her areas of legal speciality.
Elaine has considerable experience of appearing on behalf of dentists and medics in respect of fitness to practice and disciplinary matters.
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Yes, please call Chambers mainline number +44 (0)20 7242 3555 and you will be directed to the out of hours phone lines.