42BR Barristers

Employment Team

Susan practices in employment law, public law, personal injury/clinical negligence and inquests. Much of her practice is based in the higher courts such as the High Court, the Employment Appeal Tribunal (EAT) and Court of Appeal although the majority of her practice is undertaken in employment tribunals.

usan acted as sole counsel for the government successfully defending two separate challenges brought by Unison, to the legality of the employment tribunal and EAT fees regime introduced in July 2013: Unison v Lord Chancellor (no 1) and (no 2). In May 2014, she acted for the Judicial Appointments Commission in its successful defence of the first judicial review challenge to be heard by a Court: Jones v Judicial Appointments Commission which concerned the operation of the Good Character Guidance in relation to points accrued on an applicant’s driving licence. Susan has 20 years’ experience in all areas of employment law with particular expertise in discrimination claims. In 2013 she successfully represented an Employment Judge in his defence of a claim that he has aided sex, race and disability discrimination against the claimant by her employer: Sivanandan v Cole. Complex issues that have arisen in recent cases include the territorial applicability of certain statutory claims such as unfair dismissal, the effect of ECJ case-law on the operation and calculation of holiday under the Working Time Regulations and whether a claimant is an employee, worker or contractor.