Marianne is recognised as a Leading Junior by Chambers UK and Legal 500 in Employment.
She practises all areas of industrial relations and employment law. She has experience beyond her level of call relating to industrial disputes and strike injunctions. She also has considerable experience of high-value and complex ET litigation acting for both claimants and respondents, as well as substantive appeals in the EAT and Court of Appeal, in which she often appears unled against leading employment silks. Her recent cases include claims relating to discrimination, equal pay, whistleblowing, unfair dismissal, TUPE and the National Minimum Wage.
Her clients include multinational and FTSE 100 companies, government departments, local authorities, NHS trusts, charities, employers’ associations and other trade groups, senior executives and individuals. She also undertakes pro bono employment work under the auspices of ELAAS, Advocate and FRU.
Industrial Disputes
Marianne has expertise in industrial disputes matters in the High Court and ET. She has substantial experience of advising on injunctive relief, the validity of strike ballots/notices, the use of agency workers, blacklisting and tactics for managing pay disputes, picket lines and protests. She frequently advises large employers about changing terms and conditions of employment, including strategies relating to termination/re-engagement, managing industrial action and restrictions on contractual changes in relation to collective bargaining (under s.145B TULRCA 1992), as well as proposed reforms to collective agreements. Her clients have included government departments, local authorities, NHS Trusts, transport providers, energy companies and global food and beverage companies.
Marianne is also experienced in advising on labour relations, including employers’ associations, trade union recognition and time off for trade union duties and activities, and has represented clients in proceedings before the CAC and ET.
Recent work includes:
- Jarvis and others v British Gas Services Ltd (2024): successfully represented the respondent in defending s.145B TULRCA claims brought by 3,100 GMB engineers, worth £13 million, following allegations that a direct offer of new terms and conditions of employment were a ‘bung’ to avoid collective bargaining (junior to Andrew Burns KC).
- GMB members v British Gas Services Ltd (2020-24): advised a large employer about changing terms and conditions of employment (junior to Andrew Burns KC) and successfully defended ET litigation related to claims for unfair dismissal/discrimination (unled).
- Secretary of State for Health and Social Care v RCN (2023): advised a government department in respect of the validity of strike ballots issued by the RCN in respect of the nurses’ strike (junior to Andrew Burns KC).
- Employers’ Organisation v Trade Union (2023): advised a nationwide employers’ organisation about strike notices issued by a trade union to various employers in the healthcare sector (junior to Andrew Burns KC).
- Trade Union v Employer (2022): advised an umbrella organisation about changing industry-wide terms and conditions of employment (junior to Andrew Burns KC and Jesse Crozier).
- Birmingham City Council v (1) Unite the Union (2) Unison [2019] EWHC 478 (QB), [2019] IRLR 423: represented the claimant in an injunction application in respect of strike action brought by the Council’s Waste Service workers (junior to Andrew Burns KC and Alice Carse).
- Unite the Union v Birmingham City Council (2019): successfully represented the defendant in an injunction application brought by the union to prevent the Council from implementing its contingency measures put in place in response to industrial action brought by workers in its Waste Service (junior to Andrew Burns KC).
Restrictive covenants and injunctions
Marianne has experience of advising both claimants and defendants in disputes relating to restrictive covenants, including issues concerning team moves, the use of confidential information and copyrighted work by ex-employees and alleged inducements of breach of contract. She has also advised on the construction of non-compete (and associated) covenants, scope of implied contractual terms and equitable duties. She is experienced in defending clients in relation to springboard and other injunctive relief in the fintech and cyber-security sectors, amongst others, both led and as sole counsel.
Marianne understands the need for early, tactical advice to avoid need for expensive proceedings.
Discrimination
Marianne has significant experience of conducting multi-week hearings on behalf of claimants and respondents in complex, high-value discrimination proceedings, including equal pay matters, in the ET, EAT and Court of Appeal.
Recent cases include:
- Jones v Secretary of State for Health and Social Care [2024] EAT 2, [2024] IRLR 275: represented the respondent (a government department) in a race discrimination appeal regarding the approach to evidential comparators and the exercise of the ET’s discretion in extending time.
- Ireland v UCL [2024] EAT 68: successfully represented the respondent (a university) in a race discrimination appeal concerning a substantial costs order.
- Lawyer v Legal Services firm (2024): represented the respondent in an equal pay and sex/maternity discrimination claim brought by a former lawyer concerning an application for partnership.
- S v Nanoavionics UAB UK Ltd [2022] UKEAT 72: represented the respondent (a spacecraft engineering company) in the EAT concerning the correct approach to deposit order applications, in the context of ss.110-112 EqA 2010 claims.
- B v C (2022): successfully represented the respondent (a multinational company) in the ET in an unfair dismissal and disability discrimination claim arising out of changing terms and conditions of employment.
- O, L v FCDO (2022): represented the respondent government department in the ET in a wide-ranging race/sex discrimination and equal pay claim.
- W v CIBC (2022): represented the claimant (a senior banking executive) in the ET in a race/sex discrimination, harassment and victimisation claim.
- B-P v Palladium International Ltd (2021): successfully represented the respondent (an international advisory company) in the ET in a maternity discrimination claim.
Marianne is a Contributing Editor to the chapter on Direct Discrimination in Discrimination Law (Bloomsbury Professional).
Whistleblowing
Marianne frequently acts for claimants and respondents in high value/complex whistleblowing claims. She has a particular interest in whistleblowing claims, having written extensively on the topic and contributed to ELA’s Working Party addressing the European Commission’s consultation on whistleblowing protection. She is experienced in defending interim relief applications.
Recent cases include:
- H v UCL (2023): successfully represented the respondent (a university) in a whistleblowing automatic unfair dismissal claim arising out of a dismissal following an irreparable breakdown in working relationships.
- G v C (2023): successfully defended an application for interim relief in respect of the summary dismissal of a senior employee following allegations of health and safety failures.
- H v Chubb (2021): represented the respondent (a global fire safety/security company) in a whistleblowing detriment and automatic unfair dismissal claim.
- X & Y v Plc (2018): represented the respondent as a junior to Andrew Burns KC in a highly sensitive whistleblowing case involving interim relief proceedings and injunctive proceedings in relation to a dispute about reliance on highly privileged and confidential material arising out of an internal investigation.
Employment status and IR35
Marianne has a keen interest in employment status and considerable experience of the area in the employment and tax context (see below), including appearances in the Court of Appeal in IR35 cases involving the media industry and public sector (Kickabout Productions Ltd v HMRC [2022] EWCA Civ 502; Atholl House Productions Ltd v HMRC [2022] EWCA Civ 501) and Upper Tribunal (HMRC v RALC Consulting Ltd [2024] UKUT 99 (TCC); HMRC v Basic Broadcasting Ltd [2024] UKUT 165 (TCC)). Her “in-depth knowledge and up-to-date advocacy on employment status issues is second-to-none at her level”. In particular, she has advised both organisations and individuals regarding the application of ‘worker’ status to the workforce at large, as well as the IR35 reforms in the private sector.
National Minimum Wage
Marianne has experience in advising clients regarding the potential underpayment of the NMW, including throughout ongoing HMRC investigations in very high value matters. Her advice has concerned both substantive issues, such as the calculation of the hourly pay rate, and practical matters, such as dealing with potential enforcement proceedings. She has also represented HMRC in NMW litigation in the ET.
She is also experienced in bringing proceedings on behalf of individuals in the ET and High Court against both employers and directors.
Other advisory work
Marianne has wide experience advising on employment-related issues, such as matters relating to TUPE, collective redundancies and holiday pay/working time. She has been instructed to review a number of workplace policies for multinational and FTSE 100 companies.
Disciplinary matters
Marianne has experience of advising on and participating in all aspects of disciplinary matters, including internal investigations, the preparation of disciplinary charges, disciplinary hearings and appeals. She has also acted as an impartial adviser to disciplinary panels and appeal panels. Recent matters have included allegations of serious sexual misconduct and harassment in a world-leading research company and the education sector.
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