Elaine Banton

Elaine acts for employees and employers in all areas of employment law, focusing on complex and protracted litigation at all levels. Often appearing in high profile matters her practice includes long running multi-characteristic discrimination matters and advises global and national businesses.

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.

A seasoned appellate advocate, recent appeals include;

Chevalier-Firescu v HSBC Bank Plc [2024] EAT 6 Claims involving protracted litigation regarding alleged post termination victimisation and the practice of blacklisting post settlement in the City. Succeeding on all four grounds, the detailed judgment provides guidance traversing the vexed field of OPH “mini trials” and strike outs of discrimination claims.

Mr Rowe v Ashmore Group Plc [2023] EAT 172 Successful expedited interlocutory appeal, entirely revoking deposit orders that had been imposed by the ET’s own motion, sporadically across all claims. When considering a Deposit Order the focus should be on the case or the arguments relied upon by the party facing the Order.

Bennett v London Borough of Islington [2024] EAT 118 Practice and procedure, postponement. The tribunal erred by failing to consider the full potential implications for the claimant, of the loss of her representative and failed to consider the option of a short postponement to allow the claimant to obtain further medical evidence about her own ability to represent herself. That would have been a viable option in this case in particular given the length of the listing.

Appearing in high profile, impactful cases and exemplifying her Senior Executive/City practice, Elaine was The Times Lawyer of the Week in March 2023 as a result of the pre dismissal remedy judgment of £300k in the long-running litigation involving a retrial of sex discrimination, harassment and maternity claims in Rajput v Commerzbank AG. The case is a continuation of Commerzbank AG v Rajput [2019] ICR 1613. See the ET remedy judgment here, FT report here, and the Reuters report here.

Elaine is featured in the Lawyer’s Hot 100 Lawyers of 2024, here.

Elaine was featured as The Lawyer’s Barrister of the Week in November 2021 following a widely reported direct discrimination case, Tesfagiorgis v Aspinalls Club Ltd.

Her success in the landmark Court of Appeal judgment in O’Brien v Bolton St Catherine’s Academy [2017] ICR 737 CA, [2017] IRLR 547, The Times, May 8, 2017 resulted in guidance on s15 EqA claims.

In 2022, Elaine obtained a finding of disability by way of menopausal symptoms in the ongoing matter of Maria Rooney v LCC ET 2600242/19 in the ET (previously remitted from the EAT). International work includes acting for Smith in the substantial $1.4 billion sex discrimination group action Smith & Ors v Dresdner Kleinwort Wasserstein. 

Lead Counsel for the family of former key worker Belly Mujinga in the workplace inquest. Recent expertise in equality law includes The King (on the application of Trevor Donald)-v-SSHD-and-(1) BEO (2) Unison (3) Speaker of the House of Commons [2024] EWHC 1492 succeeding as junior Counsel for the Claimant, in a substantial Judicial review, which found failures to implement Windrush recommendations 9 and 10, indirectly discriminated against Windrush victims, was in breach of Article 14 ECHR read in conjunction with Article 8 ECHR, and a breach of the PSED. As both junior Counsel (in Modules 2,3,5 and 7) and also Lead Counsel for Module 4 on Vaccines for the Federation of Ethnic Minority Healthcare Organisations (FEMHO), a Core Participant, in the Covid-19 Public Inquiry. Additionally in a High Court, Unfair Prejudice appeal.

Elaine has considerable experience encompassing cross-territorial complex and wide ranging investigations and domestic reviews of employment practice and procedure. Elaine also Chairs internal disciplinary and complaints panels.

Elaine is a CEDR Accredited Mediator. Experienced in complex conflict and dispute resolutions both pre and post litigation.

Elaine frequently appears as an advocate in mediations (including international matters) 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 was invited to open the oral evidence in Parliament, giving evidence to the Joint Committee on Human Rights (Select Committee) to the Inquiry on Human Rights at Work in in June 2023.

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. Accepted onto the delegation as a UN Women UK delegate to the United Nations Commission on the Status of Women (CSW67), in 2023. Elaine is featured in the September 2023 edition of Counsel Magazine.

Winner of the Legal 500 ESG Ethnicity Champion of the Year 2024 for initiatives to improve racial and ethnic diversity at the Bar.

Finalist in the Women and Diversity in Law Awards 2023 in 3 categories; Advocate of the Year, Mentor of the Year and DE&I Champion of the Year in a Legal Role

Elaine is a member of IBA, ELA, IFSEA, DLA, ELBA, 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 Bencher Selection Committee and Former Co-Chair of Middle Temple’s Race Equality, Inclusion and Anti-Racism Working Group.

Head of 7BR’s Employment Team.

Member of Sadler’s Wells Development Council.

Chair of the Board of Talawa Theatre.

Finalist for Barrister of the Year 2022, Next 100 Years, Inspirational Women In Law Awards.

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 Employer’s responsibility during the COVID -19 pandemic. You can view the episode here.