Courtney Step-Marsden’s core practice includes Employment Law Court of Protection, Education, Private Client, Regulatory 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 presentations.
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.
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.
Courtney is currently instructed on several matters before the Employment Appeal Tribunal, including cases in which she did not appear at first instance.
Courtney has a strong advisory practice. She advises on matters at all stages of proceedings, including advising on whether proceedings should be issued, strategy for conducting proceedings, prospects and settlement offers.
Courtney also has experience in non-employment discrimination cases before the County Court.
MacLennan v British Psychological Society [2024] EAT 166
Courtney acted as junior to Naomi Ling representing the Charity Commission who were granted permission to intervene in the appeal due to their oversight of charities. The EAT considered whether Dr MacLennan, as a Trustee of the British Psychological Society, had ‘worker status’ within s230 of the Employment Rights Act. It found that the ET had not erred in concluding that there was no contract between the parties, as the relationship was governed by the charity’s governing documentation. However, it remitted to the ET the question of whether excluding Dr MacLennan from such statutory protection was in breach of his Article 10 right (to freedom of expression) when read together with Article 14 of the ECHR (right not to be discriminated against).
Baldwin v Cleves School [2024] EAT 66
Courtney represented the appellant in this matter. Courtney was successful in arguing that properly construed in light of its history, context and purpose, section 110 Equality Act 2010 confers no discretion on an ET not to find a contravention of that section if the conditions for individual liability under it are met. Accordingly, the ET erred here and the EAT substituted a finding of a contravention of s.110 by the individual respondents in respect of their acts for which the School was liable.
Kong v Gulf International Bank (UK) Limited [2022] EWCA CIv 941
Courtney acted for the Appellant as Junior to Will Young in this matter, which was an appeal from the EAT against the ET’s dismissal of the Claimant’s claim for automatic unfair dismissal arising out of whistleblowing. This raised questions relating to the separability of protected disclosures and conduct whilst making them.
Rahim v The Commissioner of Police for the Metropolis [2022] EAT 3
Courtney assisted the Appellant (Claimant) in the preparation of this case, which addressed whether the tribunal erred in not allowing the claimant to appear by video link or telephone from abroad at the open preliminary hearing. In the judgment, Courtney was complimented on her ‘excellent’ skeleton argument.
Robinson v Guys and St Thomas’ NHS Foundation Trust
Courtney successfully represented the Claimant in his claim for a statutory redundancy payment. The Claimant was successful in arguing that the respondent did not offer suitable alternative employment, and that the Claimant was not unreasonable in refusing the offer of employment offered.
Abassi v University of Surrey
Courtney successfully represented the Claimant in his claim for redundancy pay, on the basis that he was treated less favourably in contravention of regulation 3 of the Fixed Term Employees (prevention of less favourable treatment) regulations 2002.
Dornan v Maritime Transport Limited
Courtney represented the successful Claimant in his claim for section 15 disability discrimination arising from his dismissal. The Respondent was unable to show that dismissal was a proportionate means of achieving a legitimate aim.
Reid v 363 Transport Limited
Courtney represented the Claimant at a 3-day hearing in which the Claimant was found to have been unfairly dismissed and that the respondent had discriminated against the claimant in contravention of Section 15 Equality Act 2010, and that the respondent had failed to make reasonable adjustments for the Claimant.
Courtney practices in both the property/financial affairs and health/welfare jurisdictions of the court. She acts regularly for all parties to proceedings, and is frequently instructed by the Official Solicitor to represent P.
Courtney is frequently instructed in welfare proceedings and in cases involving deprivations of liberty. She is instructed as long-standing counsel on a number of ongoing matters involving Ps with complex presentations. She is particularly interested in COP matters that involve young people with EHCPs, and is well-placed to advise on cross-over matters and issues of jurisdiction. She has experience dealing with matters where challenges have arisen regarding the assessment of capacity due to P’s presentation.
In the property and financial affairs jurisdiction, Courtney has been involved in matters challenging P’s capacity when LPAs were signed, the removal of deputies and the appointment of Panel deputies. Courtney has experience representing the Office of the Public Guardian in these matters.
Courtney has a busy education practice, and 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. Courtney also has experience in assisting in drafting working documents. Recent examples of Courtney’s cases include:
Courtney’s employment practice leaves her well suited to advise and act in disability discrimination claims brought in the First-tier Tribunal. Courtney’s recent work includes:
Courtney is often instructed to advise on private client matters, and is well-placed to advise on matters where individuals do not have capacity due to her experience in Court of Protection work. She has advised on matters addressing the application of the principle in Saunders v Vautier. She also has experience on advising on matters addressing the proper construction of a trust, and how trustees can achieve their wishes without violating the trust documents.
Courtney is currently on secondment at Capsticks LLP, working in the regulatory team. In her work for the SRA, she has drafted rule 12 statements, advised on agreed sanctions and worked on judicial review matters. In her work for the NMC, Courtney presents interim order extension applications to the High Court.
In Police Misconduct matters, Courtney is instructed by the Appropriate Authority to advise and draft Regulation 30 notices, as well as acting a legal advisor to the panel chair in Accelerated Misconduct Hearings.
Courtney has advised and represented both claimants and defendant in commercial matters. Some examples of her recent work includes:
Courtney has also worked in commercial matters on secondment. Courtney 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. Courtney was also seconded to the FCA, where she 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.
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.
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