Imogen is a “really well-rounded barrister” and a “ very measured operator” who always goes “the extra mile”. She specialises in employment, education, public law, personal injury, and clinical negligence disputes, and is ranked as a “Leading Junior” by Legal 500. Her practice areas complement each other well, particularly in areas of crossover, such as discrimination and workplace stress claims.
Imogen is committed to her employment law practice. She acts for both claimants and respondents and regularly deals with multi-day claims against more senior counsel. She is ranked by Legal 500 and was recently instructed to represent claimants in the mass equal pay litigation against Tesco, led by Keith Bryant KC, with Stephen Butler and Paul Livingston.
Through the Bar Pro Bono Unit, FRU, and ELAAS, Imogen has represented Applicants at the EAT in Rule 3(10) and Appeal hearings, dealing with complex questions of perceived bias (Kidd v Commissioner of the Police of the Metropolis UKEAT/0191/17/RN) and the procedure to be followed by a tribunal where no response to an employer’s contract claim has been received (Limoine v Sharma UKEAT/0094/19/RN). In Polland & Top Shop v McKenzie UKEAT/0028/21/BA Imogen successfully responded to an appeal against the successful claim for direct race discrimination.
She also assisted Naomi Ling in the EAT hearing of Crawford v Network Rail Infrastructure Ltd UKEAT/0316/16 (overturned by the Court of Appeal: [2019] EWCA Civ 269, CA).
Edenbeck Limited v ES [2023] EAT 128
Following the Claimant’s success in the Employment Tribunal, Imogen was instructed by the Respondent to represent it in appeals to the EAT. Imogen succeeded in the appeal against the costs decision.
A v Commissioner of Police of the Metropolis
Imogen represented the Respondent in a complex 16-day trial involving more than 150 separate factual allegations of discrimination, victimisation, and whistleblowing detriment. The Tribunal heard from 18 witnesses and had more than 4,000 pages of evidence. Just six allegations against the Respondent succeeded.
Y v Oxford University Hospitals NHS Foundation Trust
Imogen successfully represented the Claimant in her claim for statutory redundancy pay, persuading the Tribunal that the Claimant was not offered suitable alternative employment and that she did not unreasonably refuse the roles offered to her.
Imogen represented the Claimant in a claim for health and safety detriment, automatic and ordinary unfair dismissal, and wrongful dismissal following a positive Covid-19 case at the Claimant’s workplace in the height of the pandemic.
M v High Speed Two (hs2) Limited
The Claim was for constructive dismissal, harassment related to disability, direct disability discrimination, and failure to make reasonable adjustments and was listed for a 6-day trial. Following Imogen’s cross-examination of the Claimant, the Claimant chose to withdraw his claims. As a result, the 6-day trial was concluded in Imogen’s client’s favour within just 1.5 days.
S v POD Digital Marketing Limited
Imogen successfully represented the Respondent against claims for direct sex and sexual orientation discrimination, harassment related to sexual orientation, and automatic (health and safety) unfair dismissal arising out of the Claimant’s refusal to return to the office after Covid-19 lockdowns.
Imogen appeared unled for the Claimant against a silk in an 8-day trial of claims for failure to make reasonable adjustments, discrimination arising from disability, and harassment.
R v G; Merali’s Limited; Fordover Services Limited
Imogen successfully represented two of the Respondents at a hearing to determine the Claimant’s employment status, applying principles in Uber and Pimlico Plumbers. Imogen is instructed in an appeal against the wasted costs decision.
Imogen represented the Claimant in a claim for automatic unfair dismissal, maternity and sex discrimination. Imogen spotted a point of law not previously identified in relation to the Regulation 20 Maternity and Parental Leave claim. She successfully submitted that Reg 20(4) was incompatible with Article 10(1) Pregnant Workers Directive (retained EU law) and must be disapplied where an employer has made the decision and taken steps to dismiss an employee during the protected period, even where a decision is notified and takes effect afterwards (see [85]-[97]).
Imogen has experience of a wide range of hearings in the County Court and regularly drafts pleadings and provides advice on merits.
Imogen’s practice in employment law means that she is well placed to advise and represent in crossover claims for workplace stress leading to psychiatric injury. See the article which Imogen co-authored with Will Young in The Journal of Personal Injury Law, Issue 3, 2022: “Personal Injury in an Employment Context: Claim in the Civil Courts or in the Employment Tribunal?”.
Imogen has represented parties in Road Traffic Accident claims, Employers Liability claims, Occupiers Liability Act ‘tripping and slipping’ claims, and claims involving accidents/sickness abroad and on transport.
She regularly attends CCMCs and often deals with disputes about expert evidence, pre-action disclosure, and costs.
She has experience of military claimant personal injury work, having spent some time on secondment to Bolt Burdon Kemp’s military team. There she dealt with NFCI, sexual abuse, and PTSD claims against the MoD.
She has also represented families at inquests on a pro bono basis.
Advice on a proposed claim against a school for psychiatric injury caused by bullying
Advising a potential claimant on an employer’s liability claim for a back injury sustained from repetitive lifting at work.
Drafting pleadings for a claimant who suffered a serious leg wound on a cruise ship.
Successfully setting aside a default judgment against a defendant who had not received the claim owing to the coronavirus lockdown. Imogen persuaded the Judge that there was a real prospect of successfully defending the claim.
Imogen has represented parties in Road Traffic Accident claims, Employers Liability claims, Occupiers Liability Act ‘tripping and slipping’ claims, and claims involving accidents/sickness abroad and on transport.
Imogen represents both claimants and defendants. She is available for representation in hearings, advice, or drafting.
Imogen represents Hospital Trusts at inquests involving issues of clinical care, responding to submissions of neglect and prevention of future deaths. She has also represented families, pro bono, through Action against Medical Accidents (AvMA) in cases which involved potential issues of neglect.
Advice and drafting in a case involving late diagnosis of cancer
Advice and drafting in a case against the MOD for a failure to diagnose and treat PTSD
Advice and drafting in a case of alleged negligent injury during a hysterectomy with complex issues of causation, requiring multiple expert disciplines
Representing the family of a patient who died of herpes simplex virus encephalitis who was inappropriately treated as a stroke patient at an inquest
Representing the family of a vulnerable young adult who died as a result of aspiration pneumonia, whilst in respite care.
Imogen represents local authorities and parents in the SEND First Tier Tribunal and Upper Tribunal in EHCP appeals. Her employment and personal injury practices leave her well placed to advise on discrimination and personal injury claims against schools.
She has also represented and advised education providers at stages in the permanent exclusion process, including at the Governors’ Board Appeal stage and at Independent Review Panel, and on other occasions acted as Clerk to the Panel. She is available to provide advice, drafting or representation.
Examples of SEND Tribunal work:
Imogen was instructed as junior counsel on the Independent Inquiry into Child Sexual Abuse (IICSA). She was a member of the Nottinghamshire counsel team with Olinga Tahzib, Paul Livingston, and lead by Patrick Sadd, taking part in the three-week hearing in October 2018. She also assisted the Chair and Panel of the Inquiry with the content of the report.
She was subsequently instructed as a member of the counsel team for the Investigation into institutional responses to allegations of Child Sexual Abuse involving the late Lord Janner of Braunstone K.C, the three-week hearings taking place in October 2020. This work afforded her an insight into the important work of public inquiries and the challenges of ensuring that core participants with conflicting interests are all accommodated. It also required the assimilation of vast quantities of documents and careful consideration of issues of confidentiality and disclosure.
Additionally, Imogen assisted Samantha Presland in the Court of Appeal hearing of RW v Chelsea & Westminster Hospital NHS Foundation Trust [2018] EWCA Civ 1067 against the decision of the Court of Protection to maintain a transparency order and to remove clinically assisted nutrition and hydration (CANH).
Imogen is also developing a practice in discipline and regulatory work and has experience in NMC, BSB, and Police Misconduct proceedings.
Imogen advises and represents the Appropriate Authority in Police Misconduct Proceedings, recently having acted in a five-day Misconduct Hearing with cross-allegations of domestic abuse. Imogen has also been instructed as Legal Advisor.
She has previously successfully represented a registrant in a 7-week NMC Conduct and Competence hearing in a case involving 8 registrants and serious allegations relating to the death of a patient.
Since, she has acted as junior for the BSB (led by James Counsell KC) in multi-day disciplinary proceedings against a prominent criminal silk, which involved half-time submissions, a large amount of documentary evidence, and responding to costs applications.
Imogen has also acted as legal advisor in selection meetings for British Shooting; the work involved overseeing the selection process for major international competitions and ensuring that a fair procedure was followed.
Imogen has been instructed on multiple selection panels for Sporting Governing Bodies. She has over the course of her career also advised on multiple sporting injury cases including matters against the Godolphin Management Company Limited.
She has a high-level understanding of contractual matters which forms a part of her complementary employment practice.
Imogen Egan 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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