Sarah practises in employment and public law and appears before the Supreme Court, Court of Appeal, the High Court (Queen’s Bench Division, Administrative Court and Chancery Division), the Companies Court, the Upper Tribunal, the County Court (multi-track, fast track and small claims) and employment tribunals, the Employment Appeal Tribunal and disciplinary tribunals. 

    Experience

    Shortlist

    Employment

    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. 

    Cases

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      Interim Injunction re non-compete clause (May 2016)

      Advising a potential defendant to an interim injunction application on the enforceability of non-compete clause.

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      Whistleblowing & Constructive Unfair Dismissal (2015-present)

      Acting for a claimant in a high value City whistleblowing and constructive unfair dismissal claim 

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      Unfair Dismissal (May 2016)

      Sole counsel for the Respondent in a 6 day unfair dismissal case involving private banking practice and contested expert witness.

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      Nolan v United States of America (hearing 15-16 July 2015, judgment pending)

      Appointed as amicus to the Supreme Court on the application of section 188 TULRCA to visiting forces in the UK, (with Michael Beloff QC).

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      High Value Whistleblowing Case (Autumn 2014 – May 2015)

      Acted for Claimants in a very high value City whistleblowing case (with Tom Croxford).

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      First Rate v Trading By Telephone [2014] EWHC 983 (QB) and [2014] EWHC 2386

      Represented seven Defendants in a High Court restrictive covenant injunction case involving foreign exchange.

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      Disability Discrimination

      Acting for Claimant in a high value City disability discrimination and victimisation claim - settled on first day of tribunal.

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      Care Home Whistleblowing Case

      Won appeal for pro bono client in EAT on whistleblowing in a care home setting (through ELAAS and FRU schemes).

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      Disability Discrimination & Unfair Dismissal

      Representing a claimant teacher in an Employment Tribunal claim for disability discrimination and unfair dismissal.

    Shortlist

    Public & Regulatory

    Sarah was appointed to the Attorney-General’s B Panel of Counsel in September 2015, having 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.

    She regularly advises government departments on both litigation and policy. She has recently acted for the Departments of Education, Health, Justice and DEFRA.

    Within Sarah's Public practice, she covers EU cases, for example, R (GBGA) v HMRC and HMT [2015] EWHC 1863 (Admin) 

    Cases

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      R (on the application of Forge Care Homes Limited) v Cardiff and Vale University Health Board [2016] EWCA Civ 26, (2016) 19 CCL Rep 62

      Acted for the Secretary of State for Health as intervenor in this appeal against the methodology for the funding of nursing in care homes (with Clive Sheldon QC).

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      Costing Review & Methodology (2015 to present)

      Advising government department on significant costing review and methodology (with James Eadie QC).

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      R (on the application of Oxford Aviation Services Ltd and others) v (1) Secretary of State for Defence (2) Civil Aviation Authority (3) Secretary of State for Transport [2015] EWHC 24 (Admin)

      Acted for the Civil Aviation Authority in a judicial review concerning civil flights to RAF Northolt.

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      CJ (Dominica) v Secretary of State for the Home Department [2014] EWCA Civ 1355

      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.

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      NS v Secretary of State for Work and Pensions [2014] UKUT 149 (AAC)

      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.

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      Automatic Deportation Case

      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.

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      Immigration & Prison Cases

      Regularly acts for the government in substantive judicial review and in permission proceedings in the Upper Tribunal and Administrative Court in immigration and prison cases.

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      False Imprisonment

      Advising Home Office on false imprisonment and unlawful detention cases (particularly with a mental health element).

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      Prisoner Rights to Training & Security Categorisations

      Advising Home Office in judicial review proceedings regarding prisoners rights to training and security categorisations.

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      Draft Regulation Lawfulness

      Advised two regulatory bodies on the lawfulness of draft regulations.

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      Private Land Dispute

      Advised on public law aspects of a private land dispute in North London.

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      Public Procurement Issues (Spring 2013)

      Advised a government department on issues of public procurement with Michael Beloff QC.

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      Highway Maintenance Issues (Spring 2013)

      Advised and settled pleadings for a government department dealing with issues of highway maintenance. 

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      Public/Private Law Contractual Arrangements (Spring 2011)

      Acted as sole counsel in advising a regulatory body about public/private law contractual arrangements

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      Appeal Against a Refusal of Permission to Bring a Judicial Review (Spring 2011)

      Acted with Michael Beloff QC in an appeal against a refusal of permission to bring a judicial review against an independent adjudicatory body in relation to its procedural decisions as to how to decide a complaint against a higher education body.

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      Procedures for Hearing Disciplinary Cases

      With Lord Pannick QC, Sarah advised an overseas professional regulatory body as to its procedures for hearing disciplinary cases.

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      R (GBGA) v HMRC and HMT [2015] EWHC 1863 (Admin)

      During 2014-15, Sarah was heavily involved in this case which has been referred to the CJEU and concerns the application of Article 56 TFEU to internal taxation regimes and the constitutional status of Gibraltar in Article 56 disputes (with Kieron Beal QC).

    Shortlist

    Commercial

    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.

    Cases

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      Winding-Up List (2014)

      Acted as HMRC devil for the complete winding-up list in Companies Court.

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      Provincial Theatre v Public Authority (Spring 2014)

      Advised on contractual and tortious remedies available to a provincial theatre in dispute with a public authority and agency.

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      Parents v Private School Contract (January 2013)

      Advised on the interpretation of a contract between parents and a private school.

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      Breach of Covenant & Breach of Directors' Duties (December 2012)

      Represented respondents in a multi-party dispute as to breach of covenant, and breach of directors’ duties  - case settled 

    Shortlist

    Financial Services

    Sarah advises on a wide range of financial services issues, often through the prism of employment law.

    Cases

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      Stock Exchange Listing Rules (December 2012-May 2013)

      Advised an overseas regulator as to interpretation of stock exchange listing rules and application of local law to corporate sharedealings (with Javan Herberg QC).

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      Mis-Selling of Pensions (December 2012)

      Advised on potential mis-selling of pensions and redress under Ombudsman and FSA schemes.

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      Financial Services Authority Investigation

      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.

    Achievements

    Education

    MA Oxon (Modern History) First Class; DPhil Oxon (Modern History); BA (Hons) Oxon (Jurisprudence) First Class

    Prizes & Scholarships

    • Wronker Prize for Administrative Law (Oxon)
    • Bedingfield and Arden Scholarships, Gray’s Inn


    Publications

    • ‘Queues and Consultation: fairness and market power at the London Metal Exchange’ Butterworth’s Journal of International Banking and Finance Law 2015 30(1) 25-27.
    • With Robert Howe QC, Diya Sen Gupta and Simon Pritchard, chapter 3 'Confidentiality' in Employee Competition (2nd edition 2011 and 3rd ed., forthcoming OUP 2015). 
    • With other authors in chambers and from Baker & Mackenzie LLP, Tolley's Discrimination in Employment Law Handbook (2008 and 2nd ed., 2011). 
    • With Tom Beazley QC and Javan Herberg, ‘Financial Services Investigations’ in Montgomery & Omerod (eds.) Fraud: Criminal Law and Procedure (OUP, 2008).
    • With Gemma White and Robert Weekes, Pre-Action Procedure and (alone) Procedural Table for Judicial Review Claims in Lang (ed.), Administrative Court: Practice and Procedure (Sweet and Maxwell, 2006).
    • Sarah edited the UK case section of Sweet & Maxwell’s ‘Human Rights Alerter’ from 2005-2008.
    • Focus on Article 1 ECHR in Judicial Review (December 2004)
    • The concept of the state in Britain, 1880-1939 in Modernism: a concise companion (ed.) David Bradshaw (Blackwell, 2003) 

    Membership 

    • ELA
    • ELBA
    • ALBA

    Selected Earlier Reported Cases

    Employment

    • Obtained injunctive relief for Respondents in technology-based employee competition case involving database rights (Summer 2013).
    • High value claim for constructive dismissal (Spring 2013).
    • Representing Claimant in a case for contractual sick pay (Spring 2013).
    • High value disability discrimination case involving duty to make reasonable adjustments which settled after judicial mediation (Summer/Autumn 2012).
    • High value sex and pregnancy discrimination case in a City context (Summer/Autumn 2012).
    • Pregancy discrimination and constructive unfair dismissal case involving transitional provisions under the Equality Act 2010 (Spring 2011).
    • Pervez v Macquarie Group Limited UKEAT/2205232/2009, [2011] I.C.R. 266; [2011] I.R.L.R. 284.
    • Age discrimination and constructive unfair dismissal case for a firm of solicitors (2010-2011).
    • Sex discrimination and discrimination for a pregnancy-related reason for a TV production company. Case settled (2010).
    • Mulugueta v Xerox Ltd (2009).
    • Parmar v Eli Lilly & Co Ltd (2009).
    • Maynard v Canalside Housing Association (2009).
    • High value whistleblowing and collective redundancy claim against a leading American investment bank. Case settled, (2008).
    • Libby Assassi v University of Sussex (2008)
    • Force One Utilities Ltd v Mr. K. Hatfield  UKEAT/0048/08 (2008)
    • Miss T Agu v ROC UK Limited UKEAT/0325/07/LA (2008)
    • Reichell v Frost v Sullivan Ltd (2008).
    • High value City whistleblowing case for Claimant. Settled. (2007) (with Tom Croxford).
    • High value sex discrimination case on behalf of a venture capital house (2007) (with Tom Croxford). 
    • In November 2007, she provided advocacy training for the Employment Lawyers 
    • Colin Wellicome v Service Underwriting Management Limited (2007)
    • McNally v Commissioner for Metropolitan Police (2007)
    • Nzeribe v World Duty Free (2007)
    • Langley and Carter v Burlo [2007] ICR 390

    Public & Regulatory

    • Advised on human rights aspects of bringing a stay in criminal proceedings in the Cayman Islands. (2010)
    • R (on the application of easyJet Airline Co. Ltd) v Civil Aviation Authority [2009] EWHC 1422 (Admin)
    • R (on the application of Primary Health Investment Properties Ltd) v Secretary of State for Health) [2009] EWHC 519 (Admin)
    • Ogunbemile v Secretary of State for the Home Department (2008)
    • R (Brown) v (1) Department for Secretary of State for Work and Pensions (2) Secretary of State for Business, Enterprise and Regulatory Reform and (3) The Royal Mail Group Ltd (2008)
    • On constitutional issues, Sarah was instructed with Jeffrey Jowell QC in a series of judicial review actions in Malawi, considering the alleged constructive resignation of the Vice President.
    • Hoyte v Information Commissioner EA/2007/0101
    • R (Islamic Human Rights Commission) v Secretary of State for Foreign and Commonwealth Affairs and others [2006] EWHC 2465 Admin.

    Commercial

    • Wigan Athletic Football Club v Greater Manchester Police [2007] EWHC 3095 (Ch)
    • Junior counsel to Adam Lewis QC of Blackstone Chambers in Wigan Athletic’s challenge to statutory charges levied by Greater Manchester Police in a case which spanned both private and public law issues in a two-week trial in the Chancery Division followed by a successful appeal to the Court of Appeal [2008] EWCA Civ 1449 [2009] 1 WLR 1580. 
    • Two high value civil fraud cases as junior obtaining freezing injunctions and search orders in relation to breach of fiduciary duty, deceit, breach of contract and conversion (with Tony Peto QC). 
    • McShane v Polynesian Adventure Tours Ltd (2009)
    • Daffyd Ellis v Alfred McAlpine (2009)
    • Universal Leasing v The Wedding Planner (2008)
    • Lombard North Central Plc v Mercer (2006)
    • Lombard North Central Plc v Lewis (2006)

    Other Relevant Information

    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 has written and given talks about about the concept of subconscious discrimination and about territorial jurisdiction under the Equality Act 2010. In June 2011, she organised a series of seminars at the Law Faculty in Oxford entitled 'Discrimination Law in Theory and Practice' designed to promote debate between academics and practitioners.

    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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