Courtney Step-Marsden

Courtney Step-Marsden’s core practice includes Employment LawPensions LawPublic Law, Court of ProtectionEducation,  and Commercial work.

Much of Courtney’s practice stems around disabilities, which is a particular interest of hers. In the Employment Tribunal, she has extensive experience representing claimants and respondents in discrimination proceedings, often with a particular focus on the failure to make reasonable adjustments and Section 15 Equality Act 2010. Through both her Education practice and Court of Protection work, Courtney has gained extensive experience dealing with complex disabilities and expert reports.

Courtney also has appellate experience, having acted as junior counsel in the Court of Appeal decision of Kong v Gulf International Bank (UK) Ltd, and having appeared in the Employment Appeal Tribunal and Upper Tribunal for SEND matters.

Expertise

Courtney has been instructed on a variety of employment law matters, acting for both Claimants and Respondents, including discrimination matters, unfair dismissal, and TUPE matters. Recent matters have included:

  • Acting for the Appellant (the Claimant) as Junior to Will Young in the Court of Appeal case of Kong v Gulf International Bank (UK) Ltd, which is an appeal from the EAT against the ET’s dismissal of the Claimant’s claim for automatic unfair dismissal arising out of whistleblowing.
  • Assisting in the preparation in Rahim v The Commissioner of Police of the Metropolis [2022] EAT 3, in which she was complimented for her ‘excellent skeleton argument’.
  • Successfully representing a Claimant in a two-day hearing for his claim arising out of Section 15 Equality Act 2010.
  • Representing a Claimant in a breach of contract / The Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002.
  • Successfully representing a respondent in resisting claims for unfair dismissal, failure to make reasonable adjustments and Section 15 Equality Act 2010.
  • Advising on redundancy situations and unlawful deductions in wages arising out of the COVID-19 pandemic.
  • Advising on the termination of Fixed-Term Contracts.
  • Representing and advising Claimants in Trade Union Detriment claims.
  • Advising on disability discrimination claims (direct, indirect, failure to make reasonable adjustments and Section 15 claims).
  • Representing a Claimant in a four-day trial for claims of Section 15 disability discrimination, failure to make reasonable adjustments and unfair dismissal (judgment reserved).
  • As a member of the Attorney General’s Junior Junior Scheme, Courtney has assisted in drafting witness statements and with disclosure.
  • Advising and representing in non-employment discrimination cases.

Courtney has gained experience in pensions work, including Beckmann claims under TUPE and Courage fetters. She also assisted Naomi Ling in Speed v Teachers Pensions and Department for Education [2019] EWHC 3108 (Chancery Division) which involved an appeal from the Pensions Ombudsman in relation to the Teachers Pensions Regulations 2010 for applications for ill health pensions.

Courtney has also been instructed on matters relating to ‘fire and rehire’ in the context of employers seeking to change pension schemes.

Courtney has experience in Judicial Review proceedings, advising on Community Care matters and drafting Statements of Facts and Grounds. This has included reviewing respite, accommodation, the duty to assess and Local Authorities’ failure to meet needs under Section 18 and Section 20 Care Act 2014. During her secondment to the FCA, Courtney worked on Judicial Review proceedings brought against the FCA.

Courtney practices in both the property/financial affairs and health/welfare jurisdictions of the court. She acts regularly for the Official Solicitor, the Office of the Public Guardian and local authorities in the Court of Protection addressing the appointment of litigation friends, issues of capacity and suitable placements. Courtney is frequently instructed in Section 21a appeals to challenge Deprivation of Liberty Safeguards.

Courtney frequently represents parents and Local Authorities in statutory appeals before the First-tier Tribunal (Special Educational Needs and Disability) under the Children and Families Act 2014. Recent examples of her work include:

  • Assisting in drafting Working Documents
  • Successfully representing a parent to secure a Waking Day provision
  • Successfully securing the parents’ desired SALT provision and OT provision, including securing that OT took place in the school-setting rather than a clinical setting.

Courtney has advised and represented clients in commercial matters, including advising and representing on claims arising out of the Consumer Credit Act 1974.

She was seconded to the Bank of England to work in Legal Services on a financial investigation to determine whether an insurer had breached its regulatory requirements prior to the potential issuing of a warning notice.

During her secondment to the FCA, Courtney worked in the General Counsel’s Division focusing on the regulation of claims management companies.

As a pupil, Courtney undertook legal research into the Financial Conduct Authority; in particular FCA authorisation and sanctions. She has focused on cross-border matters, including Mutual Legal Assistance treaties and Memoranda of Understandings that allow the FCA to obtain information from other jurisdictions. Furthermore, she assisted with work on cross-border investigations involving tax fraud.

Related updates

Courtney Step-Marsden is regulated by the Bar Standards Board (BSB) and holds a current practising certificate. If you are not satisfied with the service provided, please click here.

To find out more, contact Matt Sale on +44 (0)20 7427 4910 or Lexie Johnson on + 44 (0) 207 427 0801 for a confidential discussion.

Our dedicated practice management team can help you identify the right barrister for your case.

  • The Honorable Society of Gray’s Inn
  • Employment Law Association
  • Association of Pensions Lawyers

  • Co-editor, Employment Law Handbook, 9th ed (2023)

  • Hebe Plunkett Scholar (Gray’s Inn – 2018-2019)
  • Highest mark in Professional Ethics (University of Law – 2019)
  • Highest mark in Law Moderations (Somerville College -2016)

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