Martina Murphy practice focuses on employment, group litigation and professional discipline.
Martina’s “advocacy is excellent”, as is her ability “to relate to clients and really understand their aims“.
She regularly appears unled in the appellate courts including the Employment Appeal Tribunal (EAT) and the Court of Appeal on high-profile and, or cutting-edge disputes.
Martina appeared in two (of seven) appeals reported in the Industrial Relations Law Reports (IRLRs) in November 2024 (Rollett & Ors v BA and Leeks (see below)).
In Rollett she succeeded in the EAT (and the ET below), the decisions making new law in holding that s.19 Equality Act 2010 does allow claims of associative indirect discrimination discrimination (BA v Rollett & Ors, Minister for Women and Equalities intervening [2024] EAT 131). Martina was as lead counsel on behalf of two collectives and the Equality and Human Rights Commission (EHRC). The appellate decision arose in the context of group employment litigation (arising out of controversial ‘fire and rehire’ process during the Covid-19 pandemic).
Martina is also currently instructed on two separate cases representing respondents in the fast developing area of ‘worker status’ and the application of EU law and Convention rights. Green v Lichfield, is the first ET case to determine that a member of the clergy (an assistant curate) potentially has ‘worker’ status for the purposes of bringing a Whistleblowing Detriment claim, applying the ‘Gilham’ extension And Article 14 and Article 10 Convention rights (The Revd. Green v The Lichfield Diocesan Board of Finance, Case no 2409635/2022 (17/8/23)) In the second case, she has recently been instructed as the senior junior on behalf of the Respondent local authorities in respect of the worker status of foster carers.
She has also recently been led by Andrew Short KC in the Court of Appeal case of R (on the application of the Fire Brigades Union (FBU) and others) v (1) HMT and (2) The SoS for the Home Department [2024] Pens. L. R. 10; a pensions, public law and discrimination case where the potential quantum was valued at £19 billion+.
Martina was also recently successful before the EAT in Ms Leeks v University College London Hospitals NHS Foundation Trust [2024] IRLR 866. The EAT provided new and important clarification for costs applications: a refusal to enter judicial mediation or assessment can in principle amount to unreasonable conduct which could result in an award of costs.
Martina is also the current Chair of the Employment Law Bar Association (ELBA).
In the Directories she is ranked as a leading junior for both Employment and for Professional Discipline.:
“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).
“Successfully defended the respondent in Khan v The WKCIC Group, against all claims of unfair dismissal, unauthorised deduction from wages, victimisation and discrimination because of sex, race, disability, age and religion.” (Chambers, 2021).
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. She is regularly instructed in sensitive, high-profile (for example, a group action against a major airline BA v Rollett & Ors, Minister for Women and Equalities intervening, in a whistleblowing detriment and dismissal case against a serving Labour MP, Cohen v Mahmood MP and the first case to determine a member of the clergy can have worker status (Green v Lichfield Diocesesan Board of Finance and the Bishop of Lichfield).
Recent instructions include:
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.
Martina’s experience in complex and high-value employment litigation has led to her instruction on a number of group employment claims including:
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.
To find out more, contact Nicholas Levett on +44 (0)20 7427 4908 for a confidential discussion.
Masters (LLM), Labour Law, London School of Economics and Political Science
Shortlisted for Advocate’s Bar Pro Bono Junior of the Year 2021
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