Martina Murphy

Year of Call:
1998
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Yes
martina.murphy@outertemple.com Email
+44 (0)20 7353 6381
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    Martina Murphy’s specialises in employment,  group litigation and professional discipline. She is recognised for her “excellent advocacy” and as a “ highly effective cross-examiner”.

    She regularly appears unled in the Employment Appeal Tribunal and the Court of Appeal in high-profile and test-case litigation. Recent reported cases include BA v Rollett and Ors , Leeks, Kikwera and Gold Panda (all in the EAT, 2024 – 2025).

    In Rollett, Martina succeeded in both the ET and the EAT establishing that s.19 Equality Act 2010 permits claims of associative indirect discrimination (BA v Rollett & Ors, Minister for Women and Equalities intervening [2025] ICR 242). She acted as lead counsel on behalf of two collectives and the Equality and Human Rights Commission in complex group employment litigation (arising out of the controversial ‘fire and rehire’ process during the COVID-19 pandemic).

    Martina’s cross-over knowledge of human rights law is sought after in employment cases. She is currently instructed in two of the significant cases testing the boundaries of ‘worker status’, whistleblowing and International Law in which the ‘Gilham’ (SC) extension has succeeded (Revd Green v The Lichfield Diocesan Board of Finance (ET) and Oni and Ors v London Borough of Waltham Forest and Ors and the Secretary of State for Education (EAT)).

    Revd. Green v Lichfield, is the first case to recognise that a member of the clergy (an assistant curate) held ‘worker’ status for the purpose of a whistleblowing detriment claim, applying the ‘Gilham’ extension and Article 14 and Article 10 ECHR.

    In Oni, a leading test case on the status of foster carers, Martina acts as senior junior for all the Respondents. The Respondents and the SoS successfully resisted the Claimants’ application to ‘leapfrog’ directly to the Supreme Court (October 2025).  The full appeal for 2.5 days in late 2025/early 2026.

    She has recently been led by Andrew Short KC in the Court of Appeal in R (Fire Brigades Union and Ors) v HMT and the SoS for the Home Department (2024, reported),  a complex pensions, public law and discrimination case with a potential quantum exceeding £19 billion.

    Martina increasingly works with clients in the financial services sector and for major financial institutions, particularly in whistleblowing and complex discrimination matters, including Adem v HSBC plc, (2025).

    Martina has also succeeded in two important cost decisions before the EAT.

    • In Leeks (2024), the EAT confirmed that refusing judicial mediation or assessment may constitute unreasonable conduct capable of attracting a costs award
    • In Gold Panda, she succeeded on a novel point concerning the meaning of conduct, ‘of the proceedings’ under rule 76 (1)(a) Employment Tribunal Rules 2013.

    Martina is the immediate past Chair of the Employment Law Bar Association (ELBA).

    She has a long-standing commitment to pro bono work.  She was listed in Advocate’s 2025 Pro Bono Recognition List and shortlisted for the Pro Bono Counsel of the Year Award (2021).

    She was shortlisted for ‘Employment Junior of the Year’ at the 2024 International Employment Lawyer Awards.  She is ranked as a leading junior for both Employment and Professional Discipline:

    Employment:

    “Martina’s advocacy is brilliant.” (Chambers & Partners, 2025)

    “Martina is a very astute tactician and a highly effective cross-examiner.” (Legal 500, 2025)

    “Martina is very tactical and experienced in ET and is good at knowing what will work with a judge.” (Chambers 2025)

    “Martina is as sharp as a tack. She’s very technical, really strategic in her thinking and is friendly with a real team focus.”(Chambers, 2025)

    “Martina is really firm, doesn’t take nonsense, but you know she’s got your back. She’s able to moderate her style well to the environment and is smooth and able to deal with whatever comes up.” (Chambers, 2025)

    “Martina is a real whiz. She is well read and up to speed as well as being very user-friendly.” “Her attention to detail and responsiveness are key strengths.” (Chambers and Partners, Leading Junior, 2024)

    “The quality of her written work and advocacy is impressive, she is unflappable…” “She has a good eye for detail and she is very tenacious” (Leading Junior, Chambers 2022)

    “Martina is quick to grasp complex legal and factual issues. She is client-focused, practical and technically excellent” (Chambers, 2023).

    “Bright, thorough and easy to work with, and she has a great ability to comprehend the factual scenario and to get to grips with the points of law and formulate a pragmatic approach.” (Legal 500, 2022)

    She “possesses expertise in whistle-blowing matters, including those arising in the medical profession.” (Chambers, 2021).

    “Technically excellent, well prepared, detailed, and great with clients. She inspires confidence in clients with clear pragmatic advice. She is also liked by employment judges because she moves the hearing along, especially in cross-examination.” (Legal 500, 2021).

    Expertise

    Martina has a broad employment, commercial and equality law practice including the areas of whistleblowing and discrimination. She is regularly instructed in complex trials in the Employment Tribunal with weighty documentary and oral evidence.

    She is ranked as a leading Employment junior in both Chambers and Partners and the Legal 500 for her advocacy, advisory and investigative skills.

    Recent instructions include:

    • Oni and others v London Borough of Waltham Forest and others and the Secretary of State for Education (3204635/2021 & others) 21/01/2025: Instructed as senior-junior on behalf of the Respondents (three local authorities). Test case on the employment status of foster carers; domestic construction (W v Essex (CA)), EU law and interpretation of the ambit of Convention rights (A14, A10 and A8). Successfully resisted the Claimants’ application to leapfrog both the EAT and CA to the SC (October 2025). The case was published in the Law Society Gazette and can be read here.
    • Gold Panda Limited (1), Paneli Limited (2) v O’Keefe [2025] EAT 47; Novel point of law concerning proper statutory interpretation of conduct of proceedings’ for cost orders in rule 76 91)(a) ETR 2013
    • Mr S Kalar v The Commissioner of Police of the Metropolis (Case No 2201372/2022); Wide-ranging discrimination and whistleblowing allegations of institutional discrimination. Costs.
    • Adem v HSBC plc (January 2025); Complex whistleblowing, bullying/harassment, disability discrimination claim and unfair (including wrongful) dismissal claim concerning alleged breaches of the FCA’s Individual Conduct Rules for senior managers.
    • R (on the application of the Fire Brigades Union (FBU) and others v (1) HMT and (2) The SoS for the Home Department [2024] EWCA Civ 355, [2024] Pens. L. R. 10; Pensions, public law and discrimination; valued at £19 billion+.
    • BA v Rollett & Ors, Minister for Women and Equalities intervening  [2024] IRLR 891, [2025] ICR 242. Established jurisdiction for ‘Chez’ type indirect associative discrimination claims under s.19 Equality Act. Cited in Harvey, Division L, 3, a, [291.04]. Cited in FWS (SC) as supportive of trans peoples’ rights.
    • Kikwera v Salvation Army Trading Company Limited [2025] IRLR 341. Clarification on difficult unfair dismissal cases where there is a cross-over between capability and performance reasons. Unusually, here the capability issues were non-medical. Observations made upon the differences/similarities in a fair approach when an employer considers dismissal for capability compared to misconduct. Cited in Harvey (Div. DI and Q).
    • Revd. Green v the Lichfield Diocesan Board of Finance(1), Bishop of Lichfield (in his corporate capacity) (2) (Case no 2409635/2022 (17/8/23), [2023] 7 WLUK 625. Clergy status test case. Assistant curate had ‘worker’ status for the purposes of bringing a whistleblowing detriment claim applying Article 14 and Article 10 Convention rights.
    • Leeks v University College London Hospitals NHS Foundation Trust [2025] ICR 87, [2024] IRLR 866, [2024] CLY 686. Costs. A refusal to enter judicial mediation or assessment can amount to unreasonable conduct for costs.
    • D v E [2023] EAT 66. Novel indirect sex discrimination. Alleged group disadvantage: men more likely to be accused of serious sexual misconduct. Permanent Restricted Reporting Order granted (to protect Convention Rights).
    • M v a healthcare provider (2023, EAT & 22-day ET). Whistleblowing detriment and dismissal. Category ‘A’ EAT appeal on attribution/reason for dismissal (applying Jhuti (SC)).
    • Cohen v Mahmood MP [2023] EAT 144; Whistleblowing detriment and dismissal claim by former parliamentary advisor against Labour MP (succeeded on both on behalf of C).
    • M v Cygnet Healthcare Limited (Appeal Nos EA EA-2021-000432-LA, EA-2-21-000442-LA). Complex whistleblowing and gross misconduct dismissal case. Healthcare sector.
    • Baker v House of Commons Commission (2022, ET) High-value (£1m+) and high-profile disability discrimination and personal injury claim.
    • RK v Imperial College Healthcare NHS Trust (2020, ET). First ET ever to appoint Registered Intermediary. Led to Presidential Guidance on Vulnerable parties/witnesses (April 2020).
    • Singh v Mersey Care NHS Foundation Trust (2023, EAT) Last straw doctrine (constructive dismissal) and the ‘Williams’ refinement.
    • Matthaus v (1) MBNA (2) Paymaster (1836) Ltd (T/A Equiniti Hazell Carr) (2023, EAT). Worker/agency status and victimisation appeal.
    • Urso v Department for Work and Pensions [2017] IRLR 304, [2017] C.L.Y. 778. Authority that direct dismissal can constitute harassment. Knowledge of disability (effects not specific condition). Cited in Harvey.
    • Baker v Abellio London Ltd UKEAT/0250/16/LA. Correct approach to right to work checks in context of unfair dismissal; a precursor to the Windrush scandal. Re-formulated grounds of appeal and obtained permission (full appeal went on to be reported [2018] IRLR 186; [2017] All ER (D) 172 (Oct).
    • Dye v Royal Free London NHS Foundation Trust (2016, EAT) Employer’s reason for dismissal and repudiatory conduct. Cited in IDS.

    Martina’s employment law expertise complements her notable professional disciplinary and regulatory practice. She was shortlisted for Advocate’s Pro Bono Barrister of the Year Award 2021, largely as a result of her ongoing work as case leader on GMC v M.

    • Greene v Davies [2022] 4 W.LR. 45, 6 C.L. 143 Court of Appeal [2022] Abuse of process (collateral attack) in disciplinary proceedings (SDT). High-profile. Successful on behalf of the Respondent.
    • GMC v M (2021, MPT) 6-day professional discipline hearing. Client cleared of all serious allegations including dishonesty.
    • Holder v Nursing and Midwifery Council [2017] EWHC (Admin) 1565 Judicial review of decision to strike nurse off the professional register.

    Martina is an experienced senior junior with experience working for members, employers and local authorities. She has particular cross-over expertise in employment and pensions matters. She is also sought after in the developing area of human rights law in relation to A14 and A1PI ECHR.

    Notable Pensions cases

    R (FBU) v v HMT and the SoS for the Home Department [2024] ICR 922

    Concerning pension and discrimination law challenges relating to the Public Service Pensions Act 2013. Potential quantum exceeding £19 billion. Led by Andrew Short KC.

    ‘Disability discrimination and pensions’, Practical Guidance, Lexis Nexis: Keith Bryant KC and Martina Murphy (August 2025)

    Martina’s experience in complex and high-value employment litigation has led to her instruction on a number of group employment claims including:

    • Oni and others v London Borough of Waltham Forest and others and the Secretary of State for Education (EAT): Instructed as senior-junior on behalf of 3 local authority Respondents. Test case on the employment status of foster carers; domestic construction (W v Essex (CA)), EU law and interpretation of the ambit of Convention rights (A14, A10 and A8).  Successfully resisted the Claimants’ application to leapfrog both the EAT and CA to the SC (October 2025). The case was published in the Law Society Gazette and can be read here.
    • BA v Rollett & Ors, Minister for Women and Equalities intervening [2024] IRLR 891, [2025] ICR 242. Established jurisdiction for ‘Chez’ type indirect associative discrimination claims under s.19 Equality Act. Cited in Harvey, Division L, 3, a, [291.04]. Cited in FWS (SC) as supportive of trans peoples’ rights.
    • R (on the application of the Fire Brigades Union (FBU) and others v (1) HMT and (2) The SoS for the Home Department [2024] EWCA Civ 355, [2024] Pens. L. R. 10; Senior junior on behalf of the Claimants in a pensions, public law and discrimination; valued at £19 billion.
    • Group redundancy and breach of contract – Successfully represented over 30 claimants in a group redundancy and breach of contract claim.

    Related updates

    Martina Murphy 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.

    "Martina's advocacy is brilliant."; "Martina is very tactical and experienced in ET and is good at knowing what will work with a judge."; "She's able to moderate her style well to the environment and is smooth and able to deal with whatever comes up."; "Martina is really firm, doesn't take nonsense, but you know she's got your back."; "She's very technical, really strategic in her thinking and is friendly with a real team focus."; "Martina is as sharp as a tack."

    Employment, Chambers & Partners 2025

    'Martina is a very astute tactician and a highly effective cross-examiner.'

    Employment, Legal 500 2025

    "Martina is a real whiz. She is well read and up to speed as well as being very user-friendly."; "Martina is a robust lawyer who is very bright, technically good but also practical."; "Her attention to detail and responsiveness are key strengths."

    Employment, Chambers & Partners 2024

    To find out more, contact Nick Levett on +44 (0)20 7427 4908 or Mark Gardner on +44 (0)20 7427 4909 for a confidential discussion.

     

    • Member of Employment Law Bar Association
    • Immediate past Chair of the Employment Law Bar Association (ELBA)
    • Member of Industrial Law Society (ILS)
    • Member of Employment Lawyers Association
    • Member of Administrative Law Bar Association
    • Member of Bar Council’s Flexible Working Group
    • Member of Bar Council’s Race Working Group
    • Member of British Medical Association’s (BMA) Panel Counsel
    • Member of Metropolitan Police Panel Counsel

    • ‘A new class of claimant in discrimination law’, Martina Murphy and Jessica Franklin, Discrimination Law Association Briefings, March 2025, Vol 84, 1113-1126
    • ‘Section 19A of the Equality Act: a new chapter in discrimination legislation’ Martina Murphy, Jessica Franklin and Clare Armstrong  (EHRC), April 2025
    • Contributory Editor, Harvey on Employment and Industrial Relations (2022 – date)
    • Social Class as a protected characteristic? ELA Briefing March 2022
    • Vulnerable parties and witnesses in employment tribunal proceedings, ELA Briefing June 2020
    • Covert recordings: does the end justify the means L? (with and Jane Wheeler, Keystone Law) ELA Briefing, 4 February 2020
    • Ensuring strong equalities legislation after EU Brexit (2016), (with Rachel Crasnow QC) on behalf of the Employment Law Bar Association (ELBA) to Parliament’s Women and Equality Committee’s Inquiry;
    • ‘Mandatory gender pay gap reporting: what you need to know’ (2016), Employment Law round-up (2015), LexisNexis webinars with Ed Stacey, PwC
    • Small Business, Enterprise and Employment Act (SBEE) 2015, Legal Network TV (LNTV)
    • Equal pay: gender pay gap reporting (2016) (with Ed Stacey), and Zero hours contracts; Contributor to Westlaw’s Insight Employment Law Encyclopaedia (2015-16)

    • Masters (LLM), Labour Law, London School of Economics and Political Science
    • Shortlisted for ‘Employment Junior of the Year’, 2024, International Employment Lawyer Awards
    • Listed in Advocate’s 2025 Pro Bono Recognition List
    • Shortlisted for Advocate’s Bar Pro Bono Junior of the Year 2021

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