Tanfield
Martina Murphy

Martina Murphy

Year of call: 1998

Call: +44 (0)20 7421 5300
Email: mmurphy@tanfieldchambers.co.uk

Overview

"She didn't take any nonsense and was on top of her brief very well." "Clients really take well to her."

(Chambers and Partners 2014)

Martina's principal areas of practice are employment and discrimination. Her other related areas of practice include professional discipline and public and administrative law.

Martina acts for employers and employees and regularly appears in the appellate courts.

A keen runner and landscape architecture fan, Martina can occasionally be spotted out and about in her running gear. 

 

Expertise

In employment and discrimination law, Martina has developed specialisms in disability, whistleblowing, harassment (see U v Department for Work and Pensions [2017] IRLR 304) and equal pay.

She advises and acts for large organisations, to private sector clients including the financial services industry in complex and sensitive matters across all aspects of employment law.

 

 

 

Notable Cases

Martina's substantial experience of whistleblowing and discrimination claims in the employment tribunal have seen her advising and representing clients on difficult and new points of law.

Examples of Martina's notable cases include: 

U v Department for Work and Pensions [2017] IRLR 304 Disability discrimination and Harassment. Successfully argued a new point of law on harassment; that "actual" unfair dismissal can amount as a matter of law to harassment (s26 Equality Act 2010)

Holder v Nursing and Midwifery Council [2017] EWHC (Admin) 1565; regulatory matter; nurse appeallng strike off from professional register.  

D Baker v Abellio London Ltd UKEAT/0250/16/LA (1.2.2017) Successfully argued reasonable prospects of success regarding the 'reasons' for dismissal (contraventation of an enactment and SOSR) and 'reasonableness' against an immigration law background (s.15, civil penalty, IANA 2006).  Also, reasonable prospects of the alleged 'concession' of the wages claim (applying the recent caselaw including Segor (EAT) and Drysdale (CA)) being overturned.

Group equal pay claim against a Local Authority (2017 ET)

A v SOS for Home Department (2017, County Court).  Immigration Enforcement. Appeal against Civil Penalty Notice (IANA 2006). Defence - not the 'employer' 

Dr J Dye v Royal Free Hospital London NHS Foundation Trust and others (2016, EAT) Unfair and wrongful dismissal 

Whistleblowing, race and bonus claim; Advising and representing a Claimant against the Respondent employer, a global leading interdealer broker (FTSE 250) (2016, ET)

Bovell v Reading Borough Council (2016, EAT)  Whether deposit order sufficiently warned against potential consequences of failure to comply

X v Commissioner of the Police of the Metropolis, (2016, ET),  Claims for whistleblowing (detriment) and victimisation; application of caselaw seperating protected act from manner of disclosure. Jurisdiction - scope of judicial proceedings immunity to internal disciplinary proceedings applying the recent CA decision in P v Commr (Martina has been on the panel of lawyers who act for the 'Met' for over 10 years)

Disability discrimination  Advising a FTSE 100 company against a disability discrimination claim (direct access instruction)

Dr Arhin v Enfield Primary Care Trust ('PCT')  [2010] EWCA Civ 1481, Court of Appeal Unfair dismissal, remedy.  Defending challenge to100% 'Polkey' reduction   

 

Recommendations

"She didn't take any nonsense and was on top of her brief very well."  "Clients really take well to her."

(Chambers and Partners 2014)

Publications

Martina is regularly asked to provide expert legal comment:

Joint submission with Rachel Crasnow QC on behalf of the Employment Law Bar Association (ELBA) to Parliament's Women and Equality Committee's Inquiry 'Ensuring strong equalities legislation after EU Brexit' (2016)

LexisNexis webinars with Ed Stacey, Partner, PwC, 'Mandatory gender pay gap reporting: what you need to know' (2016) and Employment Law round up (2015)

Legal Network TV (LNTV) on the Small Business, Enterprise and Employment Act (SBEE) 2015

Contributor to Westlaw's Insight Employment Law Encyclopaedia (2015-16):

Equal pay: gender pay gap reporting (2016) Joint article by Martina and Ed Stacey

Zero hours contracts (2015)

 

Qualifications

Masters (LLM), Labour Law, London School of Economics and Political Science

LLB (Hons), University of East Anglia (UEA)

Memberships

Employment Law Bar Association (ELBA); Assistant Secretary (May 2017 to date), Committee member (2014 - present)

Industrial Law Society (ILS)

Employment Lawyers Association

Administrative Law Bar Association

Employment Lawyers Appeals Advice Scheme (ELAAS)

Bar Pro Bono Unit (BPBU)

Court of Appeal pilot scheme (COAS)