Martina Murphy

Profile

Martina's practice focuses on employment and discrimination law.

Her practice covers everything from complex or sensitive dismissal and discrimination cases through to TUPE to restrictive covenant cases.

She is regularly instructed by national or international companies or organisations, public bodies, trustees or individuals.

As an advocate, Martina has a sound background in representing both employees and employers in the Employment Tribunal, the Employment Appeal Tribunal and in employment-related matters in the higher courts.

Within a broader employment practice, Martina has particular experience in discrimination: recently appearing before the Employment Appeal Tribunal on behalf of a NHS Trust (January 2010). Further, in restrictive covenant/confidential information cases; recently acting on behalf of FTSE 250 Company seeking injunctive relief in the High Court (November 2009).

Martina's advisory work includes having represented 30+ Claimants in a Group action against PLC to a successful mediation (2006).

Martina has lectured on employment and discrimination issues. She is a member of the Employment Law Bar Association, the Employment Law Association, and the Adminsitrative Law Bar Association. She also sits on the Employment Committee of the Federation of Small Businesses. She is a keen runner.

Experience

Martina is experienced in:-

-discrimination (race, sex, disability, religious and age)

-restrictive covenants

-confidential information

-wrongful dismissal

-unfair dismissal

-transfer of undertaking (TUPE)

-whistleblowing

-working time

She is also interested in employment-related judicial review cases and human rights issues.

Significant Cases

Dr Arhin v Enfield Primary Care Trust UKEAT/0296/09 (26.1.2010); Practice and procedure; appellate jurisdiction/reasons/Burns-Barke, Redundancy, Unfair Dismissal, Race (Lawtel; Document No. AC0123860).

Acted on behalf of a PLC, a FTSE 250 Company in its application for a High Court injunction: issues included restrictive covenants and protection of confidential information (November 2009).

Mr D J Wise v London Borough of Redbridge [2006] UKEAT/0242/06/DA (18.12.06) (EAT)
Interpretation of implied terms

Successful submission of ‘no case to answer’ on behalf of the Respondent Metropolitan Police Authority, following close of Claimant’s evidence attracting media coverage (2008).

Advisory work representing Claimants in a Group action (30+) against a PLC, culminating in a (successful) mediation (2006).

In the Media

24.11.09 Article (joint) in The Lawyer's employment section 'Permanent Shift' (whether companies should be considering the increased use of permanent staff) http://www.thelawyer.com/permanent-shift/1002735.article

15.10.2007 Quoted in an article in The Lawyer; ‘Employment lawyers on alert as City layoffs augur discrimination’ http://www.thelawyer.com/cgi-bin/item.cgi?id=129437

11.05.2007 Article for New Law Journal on equal pay ‘Time to pay up’ http://www.new-law-journal.co.uk/

Memberships

Member, Employment Law Bar Association

Member, Employment Lawyers Association
 
Member, Employment Lawyers Appeals Advice Scheme (ELAAS)

Member, Employment Committee of the Federation of Small Businesses

Member, Administration Law Bar Association

Member, Bar Pro Bono Unit

Qualifications

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

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