Claire Darwin KC

• Recommendations

  “Claire’s written and oral advocacy is exemplary. She has the ear of the court.” - Legal 500

  "Claire Darwin is extremely impressive, particularly at pursuing those cases that are high-profile and break new ground." - Chambers UK Bar

  "Claire never misses a trick. She is incredibly knowledgeable and assured." - Chambers UK Bar

  "Darwin is a very vigorous and powerful advocate. She is very clear." - Chambers UK Bar

  "Claire is a powerful advocate and totally committed to whatever case she is instructed in. She is strong and effective in court." - Legal 500

  "Claire Darwin is a very composed and impressive courtroom advocate. She cuts to the point in a clear, concise way that lands persuasively with the judge." - Chambers UK Bar

  "Claire is technically excellent, particularly on complex discrimination issues. She is versatile and can turn her hand to advice for all types of employers." - Legal 500

   

  "Claire Darwin displayed excellent advocacy skills. She is very aware of what will be most commercially useful for the client." - Chambers UK Bar

   

  "Claire has experience especially in SEN and equality cases. She is a strong and powerful advocate." - Legal 500

   

  "Claire Darwin KC is an expert in education and equality law and is highly active in judicial reviews and private claims brought against schools and universities." - Chambers UK Bar

Expertise

• Recent Work

  Highlights of Claire’s recent work include:

  • Lead Counsel for the Secretary of State for the Home Department in the Employment Appeal Tribunal in Jallali v Commissioner of Police of the Metropolis [2025] EAT 137: successfully resisted an appeal re whether the terms and conditions set down by the Secretary of State were less favourable to part-time police inspectors. Now on appeal to the Court of Appeal.
  • Lead Counsel for Merrill Lynch/Bank of America in widely publicised trial of sex and age discrimination claims brought by a married banker, July 2025. See examples of media coverage here, here and here.
  • Lead Counsel for Appellant in Royal Embassy of Saudi Arabia (Cultural Bureau) v Alhayali [2025] EWCA Civ 1162 , [2025] IRLR 918 (Court of Appeal) (July 2025).
  • Lead Counsel for five trade unions representing c. 900,000 teachers and headteachers in a judicial review about the alleged failure of the Teaching Regulation Agency to comply with the Public Sector Equality Duty, ongoing (see examples of media coverage here and here).
  • Lead Counsel for Protect (intervening) in the Court of Appeal in Sullivan v Isle of Wight Council [2025] I.C.R. 1299, [2025] I.R.L.R. 520 re extending whistleblowing protection to job applicants (February 2025), see example of media coverage here.
  • Martine Croxall & Other BBC Presenters – representing four high profile TV Presenters in their EAT appeal against the strike out of their equal pay claims by the ET (not instructed in the ET). Matter settled March 2025, see examples of media coverage here and here. 
  • Successfully defended a leading US brokerage against an £8 million whistleblowing and unfair dismissal claim; following an 8-day trial all whistleblowing claims were dismissed and compensation for unfair dismissal reduced to nil (November 2024).
  • Successfully represented a senior female executive of a FTSE 250 company in significant equal pay and discrimination claims, which settled for a seven-figure sum in autumn 2024, shortly before trial.
  • Successfully defending the Kuwaiti sovereign wealth fund, the KIA, against a high-profile whistleblowing claim brought by its former CEO. ET win July 2024; claimant now appealing to the EAT. See example of media coverage here.
  • Newell Trustees Ltd v Newell Rubbermaid UK Services Ltd [2024] EWHC 48 (Ch), [2024] All ER (D) 99 (Jan): successfully defending Newell Rubbermaid UK Services Ltd against complaint that the non-discrimination rule had been breached by a 1992 pension scheme amendment.
  • Advising the EHRC on its enforcement powers under the Worker Protection (Amendment of Equality Act 2010) Act 2023, October 2023.

• Employment

  Described by the The Legal 500 2024 as ‘a go to barrister for statutory employment law claims’, Claire’s practice focuses on high-value and high stakes litigation in the Employment Tribunal, and appellate work. She is trusted by leading employers and employees alike, representing multinational corporates, the UK and foreign governments, regulators, universities, trade unions and individual employees. According to Chambers & Partners 2024 ‘Claire Darwin KC is a highly experienced employment barrister who has an extensive practice encompassing equal pay, worker status, industrial relations and discrimination claims’ and ‘frequently appears before the EAT and appeal courts’. 

  Employment cases in which Claire has acted include the claims brought by the War Horse musicians against the National Theatre, the test cases challenging the mandatory retirement age for judges and lay members of the Employment Tribunal, representing Samira Ahmed in her high profile equal pay claim against the BBC, and a landmark appeal brought by an NHS nurse unable to work a new shift pattern as a result of her childcare responsibilities.

  Claire has extensive experience of financial services work, particularly complex whistleblowing claims (see Whistleblowing section below).  She regularly acts in very high value City cases, and in sensitive disputes involving financial institutions or professional service firms.

  Claire’s work often concerns the human rights aspects of employment law, including cases about freedom of expression, discrimination, forced labour, workplace privacy, open justice and fair trial rights. She was sole counsel for PwC in Ameyaw v PricewaterhouseCoopers Services Limited [2019] ICR 976 on the ET’s power to remove a judgment from the public register of judgments and acted for the successful appellant in Hill v Governing Body of Great Tey Primary School [2013] ICR 691, one of the leading cases on freedom of expression in the workplace. She has advised on matters of international human rights law arising in other common law jurisdictions, and has acted for a number of foreign governments claiming sovereign immunity in the English courts.

  Claire does a great deal of work in the areas of employment law which intersect with EU Law and assimilated law (see the TUPE and Pensions sections below).  She was junior counsel for Innospec in the Supreme Court in Walker v Innospec Ltd & Ors [2017] 4 All ER 1004 on whether an exception in the Equality Act 2010 was compatible with EU Law. She has experience of acting in cases in which a reference to the European Court of Justice is sought, and was called to the Irish Bar after Brexit.

• Discrimination and Equal Pay

  Claire’s discrimination work spans the fields of employment, goods and services, pensions, premises, education, and public law. The Legal 500 2026 describes her as ‘technically excellent, particularly on complex discrimination issues.’

  Claire has a particular interest, and experience in, age, sex and disability discrimination claims.  According to the Legal 500 2024 ‘on complex disability discrimination cases there is no one better.’ She has handled many high-stakes discrimination cases in the Employment Tribunal, the County Court and the High Court, including a number of group/multi-party claims.

  Claire has valuable experience of lengthy multi-party equal pay cases in the public and private sectors, including the recent supermarket equal pay litigation. She was sole counsel for the TV presenter Samira Ahmed in her very high-profile equal pay claim against the BBC. Claire was appointed as amicus curiae to the Court of Appeal in Graysons Restaurants Ltd v Jones and others [2019] 3 All ER 688, an appeal concerning the interaction between the law on equal pay and the insolvency protection scheme under the ERA 1996.

• Discrimination in Goods and Services and Accessibility

  Claire has wide experience of advising on discrimination in the provision of goods and services across a range of sectors, including technology, transport, aviation, retail, entertainment, and financial services. She is regularly instructed on matters with business-wide implications, including advising on potential or actual enforcement action by the Equality and Human Rights Commission.

  She has acted in numerous cases concerning the rights of disabled passengers on transport, notably successfully defending Arriva North East against group litigation brought by wheelchair users in Darlington, and advising a well-known budget airline facing threatened disability discrimination claims. During the Covid-19 pandemic, Claire advised several of the UK’s largest retailers on alleged disability discrimination said to arise from reduced access to online shopping and the requirement to wear facemasks.

  Claire has a particular interest in web accessibility and the accessibility of digital products and services. She has advised public-sector bodies on compliance with the Accessibility Regulations and on related standards. She successfully defended a national broadcaster in litigation on the scope of the content service exception in the Equality Act 2010. She is co-author of an article on the European Accessibility Act 2025, written with members of Hogan Lovells’ Digital Accessibility team, which was published in the July 2025 edition of PLC Magazine.

  Her recent goods and services work includes advising on assistance cats, advising a prominent entertainment sector client on alleged disability discrimination arising from its processes, advising the government on whether BSL interpreters should be permitted to enter jury deliberation rooms as a reasonable adjustment (now permissible following a change to the law), and the potential closure of ticket offices at train stations.  She acted for Fitzwilliam College Cambridge, in the religious discrimination claim brought against the College by Christian Concern , and successfully resisted a potential appeal in the recent case of Johnston v Giving.com Ltd [2024] EWHC 944(KB).

• TUPE

  Claire has significant experience of advising on TUPE issues. According to Chambers UK Bar she is “well known for her strength in … claims concerning TUPE.”  Claire is regularly instructed in very high value multi-party TUPE litigation, including the high profile and lengthy litigation after Jarvis Rail Ltd went into administration. More recently she successfully defended the litigation arising out of the ‘pre-pack administration’ of Thomson Local, advised on the TUPE transfer of approximately 500 employees in Northern Ireland, and defended the owner of an energy company against claims that a change in ownership, and consequent change in responsibility for the business, had amounted to a TUPE transfer (settled prior to final hearing in ET). In 2025 she was instructed in a complex case concerning whether the sale of a substantial private residence with staff constituted an economic entity capable of transfer under TUPE which settled shortly before hearing. More recently, she has advised on the Regulation 3(5) ‘administrative reorganisation’ exception, and its interaction with Part 2 of the Levelling-up and Regeneration Act 2023.

  Claire has appeared in a number of important cases on TUPE including Rynda (UK) Ltd v Rhijnsburger [2013] All ER (D) 73 (Sep) and Enterprise Management Services Ltd v Connect-Up Ltd [2012] IRLR 190.  She was appointed as amicus curiae to the Court of Appeal in Graysons Restaurants Ltd v Jones and others [2019] 3 All ER 688, an appeal concerning the interaction between equal pay law, TUPE, and the insolvency protection scheme under the ERA 1996.

• Whistleblowing

  Claire has extensive experience handling complex whistleblowing claims, with a particular focus on those arising in the financial services and technology sectors. In November 2021, she successfully defended a leading global financial services group in a three-week trial involving over 300 disputed protected disclosures. In July 2024, Claire secured a significant victory for the Kuwaiti sovereign wealth fund, the Kuwait Investment Authority, in a high-profile whistleblowing claim brought by their former CEO. The case received significant media attention, see for example here.

• Industrial Relations

  Claire has wide experience of industrial relations issues including collective bargaining, works councils, industrial action and statutory recognition applications before the Central Arbitration Committee. She advises both trade unions and employers on industrial disputes. In February 2019 she successfully obtained an injunction to restrain the Prison Officers’ Association from calling industrial action by prison officers in Liverpool. In February 2022 she successfully represented Great Ormond Street Hospital in the High Court, obtaining interim relief restricting pickets and protests in the immediate vicinity of the hospital.

• Public Law and Judicial Review

  Until she took silk, Claire spent six years as a member of the Attorney General’s A Panel. She was a member of the B and C Panels before that. She has been instructed in a wide range of public law cases both for and against local and central government, particularly cases which raise issues of discrimination and retained EU Law.  Her recent public law work has included acting for an intervener in a challenge to the Restriction of Public Sector Exit Payments Regulations 2020 which resulted in the Regulations being revoked in February 2021 (see here for an example of media coverage), the judicial review of the 2018 pay award for 120,000 police officers (led by Helen Mountfield QC), and representing Govia in the judicial review claim brought by Southern rail commuters alleging disability discrimination.

• Education Law

  Claire regularly advises and represents schools, colleges, universities, the Office of the Independent Adjudicator, OFSTED, the Department for Education and individual students in relation to a wide range of education matters, including university regulation and discipline, Ofsted inspections, school closures, enforcement action under the Education and Skills Act 2008, early years provision and local authority interventions. Claire has acted in a number of significant education appeals, including Proprietor of Ashdown House School v JKL [2019] ELR 530 on discriminatory exclusions, and R.(on the application of Thilakawardhana) v Office for the Independent Adjudicator for Higher Education [2018] E.L.R. 223 on student fitness to practise proceedings.

  Reflecting her expertise in this field, The Legal 500 2026 notes: “Claire has experience especially in … equality cases. She is a strong and powerful advocate.” Her recent education work has included representing the Department for Education in R. (on the application of Sharp) v Office of the Schools Adjudicator [2023] EWHC 1242 (Admin), a judicial review of school admission arrangements; and defending Fitzwilliam College, Cambridge against a claim for religious discrimination brought by Christian Concern, see links to media coverage here and here. 

• Pensions

  In recognition of her pensions law expertise, The Legal 500 2025 praises Claire as “a powerful advocate and totally committed to whatever case she is instructed in. She is strong and effective in court.”Claire was junior counsel for Innospec in the Court of Appeal and Supreme Court in Walker v Innospec Ltd & Ors [2017] UKSC 47. She has subsequently been involved in a number of pensions discrimination cases, including acting for the Secretary of State in Secretary of State for Work and Pensions v Beattie [2023] IRLR 13, [2023] Pens. L.R. 3 on whether the Age Exceptions Order is compliant with retained EU Law. She represented the employer in Newell Trustees Limited v Newell Rubbermaid UK Services Limited & Ors [2024] EWHC 48 (Ch), successfully persuading the High Court that the automatic transfer of employees from a final salary pension scheme into a money purchase scheme had not amounted to unlawful age discrimination. Claire acted for The Pensions Regulator in its enforcement action against Hermes (now Evri) which resulted in its couriers being auto-enrolled into a pension scheme (see media coverage here and here). Read her recent piece on litigating historic issues in pensions discrimination claims for the Pensions Barrister blog here, and her recent article for PLC Magazine on pensions discrimination is here.

• Multi-party and Group Litigation

  Claire has substantial experience of large scale, multi-party and test case litigation in the Employment Tribunal, County Court and High Court, including lengthy and complex equal pay cases involving thousands of employees in the public and private sectors. Claire is also well versed in the particular procedural and strategic issues that arise in group claims brought in the High Court.

• Selected Reported Cases

  • Royal Embassy of Saudi Arabia (Cultural Bureau) v Alhayali [2025] EWCA Civ 1162, [2025] IRLR 918
    Interpretation of the State Immunity Act 1978.
  • Sullivan v Isle of Wight Council [2025] IRLR 52, [2025] ICR 1299 (CA)
    Whether whistleblowing protections extend to job applicants.
  • Hamon and others v University College London [2024] EWHC 1744 (KB), [2024] All ER (D) 55 (Jul)
    Claims by university students concerning disruption caused by Covid and industrial action.
  • Newell Trustees Ltd v Newell Rubbermaid UK Services Ltd and another [2024] EWHC 48 (Ch), [2024] All ER (D) 99 (Jan)
    Whether the non-discrimination rule was breached by a 1992 pension scheme amendment.
  • Royal Embassy of Saudi Arabia (Cultural Bureau) v Alhayali [2023] EAT 149, [2024] IRLR 381
    Application of the State Immunity Act 1978 to an employee in an embassy’s academic and cultural affairs department.
  • R (on the application of Walker) v Secretary of State for Justice [2023] EWHC 2715, [2023] All ER (D) 88 (Nov)
    Judicial review of refusal to allow a prisoner to undertake IVF treatment.
  • R (on the application of ASLEF) v Secretary of State for Business and Trade [2023] IRLR 823, [2023] ICR 1405
    Judicial review of the Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2022.
  • Secretary of State for Work and Pensions v Beattie [2023] IRLR 13, [2023] 2 CMLR 10, [2023] Pens LR 3 (EAT)
    Whether the ET erred in disapplying the Equality Act (Age Exceptions for Pension Schemes) Order 2010.
    (Sole counsel for the successful appellant.)
  • R (on the application of Sharp) v Office of the Schools Adjudicator [2023] EWHC 1242 (Admin)
    Judicial review concerning school admissions (acting for the Department for Education as intervenor).
  • Nursing and Midwifery Council v Somerville [2022] ICR 755, [2022] IRLR 447 (CA)
    Whether mutuality of obligations is required to establish worker status.
  • Gwynedd Council v Barratt and another [2021] IRLR 1028, [2021] ELR 747 (CA)
    Fairness requirements in redundancy exercises in maintained schools.
    (Sole counsel for successful claimants.)
  • Dobson v Cumbria Partnership NHS Foundation Trust [2021] IRLR 729, [2021] ICR 1699 (EAT)
    Judicial notice in an indirect sex discrimination claim.
  • Heskett v Secretary of State for Justice [2021] ICR 110, [2021] IRLR 132 (CA)
    When cost considerations can amount to a legitimate aim in indirect discrimination.
    (Lead counsel for the successful respondent.)
  • Brown v Commissioner of Police of the Metropolis [2020] 1 WLR 1257, [2020] 3 All ER 273 (CA)
    Application of QOCS to mixed claims.
    (Lead counsel for the appellant.)
  • Heal v Chancellor, Masters and Scholars of the University of Oxford and others [2020] ICR 1294 (EAT)
    Reasonable adjustments and recording of ET hearings.
    (Sole counsel for ten Oxford colleges.)
  • Proprietor of Ashdown House School v JKL [2019] UKUT 259 (AAC), [2019] ELR 530
    Jurisdiction of the First-tier Tribunal to order reinstatement of a disabled pupil.
  • Graysons Restaurants Ltd v Jones [2019] ICR 1342, [2019] IRLR 649 (CA)
    Whether equal pay claims are arrears of pay under insolvency protection.
    (Appointed amicus curiae.)
  • R (S) v Camden Borough Council [2018] EWHC 3354 (Admin), [2019] ELR 129
    Judicial review of amendments to an EHC Plan.
  • Ameyaw v PricewaterhouseCoopers Services Ltd [2019] IRLR 611, [2019] ICR 976 (EAT)
    Power of the ET to exclude judgments from the public register.
    (Sole counsel for PwC.)
  • Ministry of Justice v Blackford [2018] IRLR 688 (EAT)
    Part-time workers.
  • Krishna Moorthy v Revenue and Customs Commissioners [2018] IRLR 860, [2018] ICR 1326 (CA)
    Tax treatment of injury to feelings awards.
    (Lead counsel for the appellant.)
  • R (on the application of Thilakawardhana) v Office of the Independent Adjudicator for Higher Education [2018] EWCA Civ 13, [2018] ELR 223
    Fitness to practise of a medical student.
    (Sole counsel for the university.)
  • R (on the application of FDA, PCSU and Prospect) v Minister for the Cabinet Office [2018] EWHC 2746 (Admin)
    Consultation with recognised trade unions over pay guidance.
    (Junior counsel.)
  • Walker v Innospec Ltd & others [2017] UKSC 47, [2017] ICR 1077
    Pension entitlement for same-sex couples pre-Civil Partnership Act 2004.
  • Nursing and Midwifery Council v Harrold [2016] IRLR 30 (QB)
    Civil restraint order restraining ET proceedings.
  • Secretary of State for Justice v Lown [2016] IRLR 22 (EAT)
    Substitution mindset in unfair dismissal cases.
  • Higgins v Home Office and Attorney General [2015] ICR D19 (EAT)
    Rule 12 of the ET Rules of Procedure 2013.
  • Daler-Rowney Ltd v Revenue and Customs Commissioners [2015] ICR 632 (EAT)
    Compliance of the National Minimum Wage Regulations 1999 with EU law.
  • U v Butler & Wilson Ltd [2014] All ER (D) 34 (Sep) (EAT)
    Disabled litigants in person in the ET.
  • Ashworth and others v Royal National Theatre [2014] IRLR 526
    Representation of War Horse musicians.
  • Akanu-Otu v Secretary of State for Justice; Ahmadi-Assalemi v NCR Ltd [2014] ICR D13 (EAT)
    Non-compliance with a deposit order.
  • Rynda Real Estate Asset Management Ltd v Rhijnsburger [2013] All ER (D) 73 (Sep) (EAT)
    Principal purpose of an organised grouping under TUPE.
  • Hill v Governing Body of Great Tey Primary School [2013] ICR 691 (EAT)
    Polkey and Article 10 ECHR.
  • Eremia and others v Republic of Moldova [2013] ECHR 3564/11
    Domestic violence as gender-based discrimination.
  • Black v Arriva North East Ltd [2013] EqLR 558
    Disability discrimination and wheelchair users on buses.
  • Raggett v John Lewis Plc [2012] IRLR 906 (EAT)
    Recovery of VAT on ET costs awards.
  • R (National Secular Society) v Bideford Town Council [2012] EWHC 175 (Admin)
    Legality of Christian prayers at council meetings.
  • Enterprise Management Services Ltd v Connect-Up Ltd [2012] IRLR 190 (EAT)
    Service provision changes under TUPE.
  • Phillips v Xtera Communications Ltd [2011] IRLR 724 (EAT)
    Meaning of “election” under s.188 TULRCA 1992.
  • Tiffin v Lester Aldridge LLP [2012] ICR 647 (EAT)
    Employment status of LLP partners.
  • J v DLA Piper UK LLP [2010] ICR 1052 (EAT)
    Meaning of disability.

• Additional Work

  Claire has a strong interest in in law reform. She has advised on and/or contributed to numerous responses to policy consultations. She advised the Government Equalities Office on its 2019 consultation on Sexual Harassment in the Workplace. She has a keen interest in legal tech and web accessibility, and was a member of a group of barristers working with various providers in 2024/5 to test new AI legal research tools. She is co-author of an article on the European Accessibility Act 2025, written with members of Hogan Lovells’ Digital Accessibility team, which was published in the July 2025 edition of PLC Magazine. 

  Claire is often invited to give talks on her areas of specialism at conferences, seminars and industry events. Recent invitations include speaking at the Discrimination Law Conference organised by the TUC in February 2026, the 22 KCs Conference organised by Michael Rubenstein (October 2025), the ELA/ABA Conference (October 2025), the Employment Lawyers Association’s annual conference in London in May 2023, and speaking at the European Employment Lawyers Association’s annual conference in Athens in June 2022. 

  Claire writes widely on her areas of specialism. Her articles have appeared in journals including the Education Law Journal, the New Law Journal and the Industrial Law Journal. Between 2019 and 2024 Claire was an elected member of the Employment Law Bar Association’s Committee and was the Committee member responsible for the Employment Appeal Tribunal’s pro bono scheme (ELAAS). She sits on the UK Employment Lawyers Association’s International Committee.