Joanne Sefton (nee Dunlop)

Since being called to the Bar in 2002, Joanne has specialised primarily in employment law. She currently divides her time between her established practice in this area and varied instructions in chambers' other main areas of focus including commercial litigation and professional negligence.

In the employment field, Joanne undertakes a wide variety of advisory work and representation on behalf of employers, employees and trade unions. Joanne regularly appears in the EAT, as well as in Employment Tribunals across the UK, in cases involving all forms of discrimination, harassment and victimisation as well as individual employee issues, maternity and parental rights and TUPE.

Joanne has increasing experience in commercial crossover aspects of employment law, including director and senior employee disputes and employment injunctions

Joanne has a particular interest in cases arising from a medical background. As well as having represented and advised various NHS trusts in employment law matters, she has a developing practice in medical treatment and related areas.

In this respect, Joanne has undertaken advisory and representative work in High Court inherent jurisdiction cases and is currently involved in providing guidance as to the conduct of these cases in the Court of Protection, following the coming into force of the Mental Capacity Act 2005. In early 2007 Joanne was instructed in a two-week inquest involving a death in a psychiatric ward.

Joanne has wide experience of acting in race, sex and disability discrimination claims. In addition, Joanne has acted in equal pay claims and advised in relation to discrimination on grounds of age and sexual orientation.

Example cases:

- Choudhury v Community Organisation Forum (2005-2006) Complex discrimination claim involving allegations of both overt and covert discriminatory treatment. Joanne successfully represented the employer at the four day ET hearing and successfully resisted an appeal in the EAT. (UKEAT 0408/06)

- Ashraf v Stanley Technical College (2005-2007) Joanne acted for the claimant, a teacher, in this race discrimination case which was litigated over the course of 18 months. The case resulted in an award of compensation of around £100,000.

- Rixon v EDF (2007) Joanne successfully represented the claimant in this five-day stress-related disability discrimination case, resulting in an award approaching £100,000

- Sancar v Turkish Airlines (2007), Beall v Berkley Homes (2005) Joanne successfully represented the employer in each of these multi-day maternity-related sex discrimination cases.

Joanne has conducted a huge variety of unfair dismissal cases in the Employment Tribunal. Notable areas of experience include:

• Constructive unfair dismissal claims arising from stress at work
• Claims involving sensitive allegations, eg abuse in educational and care settings
• Claims involving dismissal arising from business transfers and re-organisations
• Particular experience of unfair dismissal (and other employment) claims arising in health care settings

Joanne also has wide experience of whistleblowing claims, redundancy claims, wrongful dismissal claims and other individual employee issues.

Joanne has appeared at appellate level in individual employment claims on several occasions, including the following notable decisions:

- Royal Sun Alliance v Payne [2005] IRLR 848 - Joanne successfully represented the employee in this case dealing in detail with the question of "normal retirement age" under the Employment Rights Act. The EAT accepted that it is not open to an employer to unilaterally lower the normal retirement age to below a retirement age contained in the employee's contract of employment.

- Perkin v St George's Charitable Foundation UKEAT0429/05 - Joanne acted for the employer in this case which concerned the question of employment status. Joanne successfully argued at ET and EAT level that the Claimant was not an employee despite his position as a paid officer of the Foundation.

Joanne has advised and represented in a range of cases involving issues relating to maternity and parental rights.

Joanne has experience of advising in relation to the potential application of TUPE prior to proposed transfers and also of advising and litigating disputes arising from transfers and alleged transfers which have already taken place.

Joanne's practice increasingly involves claims made by directors and senior employees and she has experience of the particular issues which arise in this type of claim.

Joanne has experience acting as junior counsel in employment injunction litigation, including cases arising from restrictive covenants and from a disciplinary suspension.

Joanne has advised and appeared in the County Court and in the High Court on a broad range of matters. Her experience includes the following areas:

- Commercial contract - Cases have included disputes relating to large-scale utilities provision, estate agent's fee claims and management contracts;

- Retail banking - Various matters including involvement in 'penalty charges' litigation;

- Sale of goods - Discrimination in provision of services

Joanne has been instructed to advise and draft pleadings in respect of numerous professional negligence matters, with an emphasis on solicitors' negligence.