“She has strong attention to detail and an inclusive manner with clients”
Legal 500, 2016
Sarah is an established practitioner in public and employment law, recognised in the Legal 500 for her employment work. She was appointed to the Attorney General's B Panel of Counsel in 2015 and regularly represents the Government and regulatory bodies, specialising in immigration, prison and NHS law, whilst maintaining an employment law practice principally in discrimination, whistleblowing and employee competition. Before coming to the Bar, she was an academic historian and a Fellow of All Souls College, Oxford from 1996 to 2011.
Sarah Wilkinson has been described over the years by Chambers UK as "’extremely bright" and “a popular choice for discrimination cases” (2012), as “a barrister with real potential” (2010) and as “extremely bright and able to assimilate document-heavy cases with apparent ease” (2009).
Sarah has a wide-ranging employment law practice including all forms of employee competition law, discrimination, unfair dismissal, protection from harassment, unlawful deductions from wages, equal pay, fixed term workers regulations, part time workers regulations and whistleblowing. She acts for both claimants and respondents and has a particular interest in cases involving discrimination and financial services. She has experience of both obtaining and resisting injunctive relief in restrictive covenant cases in both the QB and Chancery Divisions.
“She has strong attention to detail and an inclusive manner with clients”
Legal 500, 2016
Appointed as amicus to the Supreme Court on the application of section 188 TULRCA to visiting forces in the UK, (with Michael Beloff QC), involving complex questions of statutory interpretation and state immunity.
Sarah advised on issues of procedural fairness in relation to the investigation of some of those involved in the Trojan Horse investigation.
Sole counsel for the Respondent in a 6 day unfair dismissal case involving private banking practice and contested expert evidence.
Represented seven Defendants in a High Court restrictive covenant injunction case involving foreign exchange.
Sarah regularly advises potential defendants to an interim injunction application on the enforceability of non-compete clauses. She also advises Claimants which to make applications for interim relief.
Acting for a claimant in a high value City whistleblowing and constructive unfair dismissal claim (with Jane Mulcahy QC).
Acted for Claimants in a very high value City whistleblowing case (with Tom Croxford). Case settled on first day of hearing.
Acting for Claimant in a high value City disability discrimination and victimisation claim - settled on first day of tribunal.
Representing a claimant teacher in an Employment Tribunal claim for disability discrimination and unfair dismissal. Case settled on first day of hearing.
Won appeal for pro bono client in EAT on whistleblowing in a care home setting (through ELAAS and FRU schemes).
Sarah was appointed to the Attorney-General’s B Panel of Counsel in September 2015, having previously been appointed to the C Panel in March 2008.
She has a particular interest in immigration (particularly appellate work), prison law, unlawful detention, constitutional issues and a growing practice in EU law, see R (GBGA) v HMRC and HMT [2015] EWHC 1863 (Admin), [2016] STC 151, [2015] LLR 829.
She regularly advises government departments on both litigation and policy. She has recently acted for the Departments of Education, Justice and DEFRA and appeared with Clive Sheldon QC in the Supreme Court in 2017 for the Secretary of State for Health in R (on the application of Forge Care Homes Ltd) v Cardiff and Vale University Health Board [2017] UKSC 56, Times August 24 2017 which addressed the statutory funding formula for nursing in care homes.
Acted for the Secretary of State for Health as intervenor in this appeal against the methodology for the funding of nursing in care homes based on the statutory interpretation of primary and secondary legislation (with Clive Sheldon QC).
Sarah advised a corporate client on Article 6 ECHR issues in the context of proceedings challenging an EU Directive (with Michael Fordham QC).
Sarah acted for the Secretary of State in two claims relating to the treatment of epilepsy, independent travel and chronic pain in applications for Employment Support Allowance.
Sarah acted for HMRC in this case concerning the application of Article 56 TFEU to internal taxation regimes and the constitutional status of Gibraltar in Article 56 disputes (with Kieron Beal QC). It was subsequently referred to the CJEU, Case C-591/15: Judgment of the Court (Grand Chamber) of 13 June 2017 (request for a preliminary ruling from the High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court) - United Kingdom) - The Queen, on the application of: The Gibraltar Betting and Gaming Association Limited v Commissioners for Her Majesty's Revenue and Customs, Her Majesty's Treasury OJ 2017 C277/7.
Acted for the Civil Aviation Authority in a judicial review concerning civil flights to RAF Northolt.
Appeared as sole Counsel for the Defendant and successfully defended this appeal concerning the adequacy of reasons in an automatic deportation case in the Court of Appeal.
Acted for the DWP on construction of Employment and Support Allowance.
Sarah has also been instructed on two forthcoming cases on similar issues in September 2016.
Sarah regularly review reports and procedures for regulatory bodies and advises on investigations and disciplinary proceedings.
Sarah advised on issues of procedural fairness in relation to the investigation of some of those involved in the Trojan Horse investigation.
Sarah regularly acts for the government in substantive judicial review and in permission proceedings in the Upper Tribunal and Administrative Court in immigration cases. Sarah was recently involved in two section 55 (best interests of the child) claims in the Court of Appeal, which settled.
Advising Home Office on false imprisonment and unlawful detention cases in an immigration context (particularly with a mental health element).
Sarah regularly advises the Home Office in judicial review proceedings regarding prisoners rights to training and rehabilitation programmes and security categorisations.
Advised a government department on issues of public procurement with Michael Beloff QC.
With Lord Pannick QC, Sarah advised an overseas professional regulatory body as to its procedures for hearing disciplinary cases.
Sarah advises in commercial cases for both claimants and defendants, including government departments, on a very wide range of issues including sale of goods, supply of services, unfair contract terms, negligence, breach of contract, breach of fiduciary duties, conversion and restitutionary remedies in a wide range of commercial settings. She has acted as sole counsel in multi-track trials and has appeared in summary judgment applications, applications for permission to appeal, a winding-up petition and in a petition for bankruptcy.
Acted as HMRC devil for the winding-up list in Companies Court.
Advised on contractual and tortious remedies available to a provincial theatre in dispute with a public authority and agency.
Advised on the interpretation of a contract between parents and a private school.
Represented respondents in a multi-party dispute as to breach of covenant, and breach of directors’ duties - case settled
Sarah advises on a wide range of financial services issues, often through the prism of employment law.
Advised an overseas regulator as to interpretation of stock exchange listing rules and application of local law to corporate sharedealings (with Javan Herberg QC).
Advised on potential mis-selling of pensions and redress under Ombudsman and FSA schemes.
In her first few years of practice, Sarah was heavily involved in a large investigation for the Financial Services Authority for two years working as a member of a team with other members of chambers.
MA Oxon (Modern History) First Class; DPhil Oxon (Modern History); BA (Hons) Oxon (Jurisprudence) First Class
Sarah was a Fellow of All Souls College, Oxford from 1996-2003 and from 2004-June 2011. Before coming to the Bar, she completed a doctorate entitled ‘Perceptions of Public Opinion. British Foreign Policy Decisions about Nazi Germany’ in 2000 and taught British and European twentieth century history at the universities of Oxford and Reading.
She is a member of the ELAAS scheme and undertakes pro bono work through the Bar Pro Bono Unit and FRU.
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