Sarah Clarke is an experienced advocate, specialising in Employment, Commercial and Personal Injury law.
Typical areas in which she receives instructions include:
Sarah is an employment law specialist. She appears for both claimants and respondents in the Employment Tribunal and the Employment Appeal Tribunal. She has experience of the following types of claims:
Recent cases:
Sarah also has substantial experience in relation to interim injunction applications in the High Court to enforce restrictive covenants. For more information on this area please see her Business and Commercial Profile.
Sarah has been appointed to the barrister panel of ELAAS (the Employment Lawyers Appeals Advice Scheme). ELAAS is a service offering pro bono employment law advice to appellant and respondents where there is a preliminary hearing in the EAT with no previous legal representation on record. She therefore has vast experience of rule 3(10) permission hearings.
Sarah accepts instructions in all areas of personal injury work, including accidents at work, road traffic accidents, public liability disputes and holiday claims arising from The Package Travel, Package Holidays & Package Tours Regulations 1992. Sarah is regularly instructed in fast track and multi-track trials and interlocutory hearings, including costs and case management hearings.
Sarah has specific experience in the following areas:
Recent cases
Quantum
Sarah regularly advises on quantum issues as well as conducting trials dealing with complex quantum issues. She frequently is instructed to draft pleadings, including complex schedules of loss incorporating future care claims, future treatment, loss of earnings, loss of pensions and Smith v Manchester awards.
She has experience in the following areas:
She is willing to consider instructions funded by way of a conditional fee agreement in appropriate cases.
Sarah has recently lectured on retracting admissions of liability and important updates in respect of the CPR (including costs budgeting and the interplay between the new rules on proportionality and additional liabilities). She is more than happy to provide lectures on appropriate topics.
Sarah’s commercial practice includes advising, drafting and representing clients in a range of general contractual and commercial matters. She represents clients in the County Court and High Court. As well as conducting trials Sarah has extensive experience representing clients in the following matters:
Whilst Sarah has a general commercial practice, she has specific experience in the following areas:
Sarah also has an extensive employment practice, giving her an invaluable insight and skill set when dealing with cases involving employer/employee disputes. In particular, Sarah has gained considerable experience in matters involving restraint of trade, and thus regularly advises on the enforceability of restrictive covenants and whether or not an interim injunction should be sought.
Typical recent and on-going cases include:
Sarah has recently lectured on restrictive covenants and the various remedies available and is more than happy to provide a lecture on an appropriate topic.
The Court of Appeal clarifies the correct test to apply when a tribunal is considering whether or not to make an order for re-engagement when the employer argues that the trust and confidence has broken down.
Specialist employment law barrister Sarah Clarke analyses Kelly v PGA European Tour [2021] EWCA Civ 559.
Smith v Pimlico Plumbers Ltd UKEAT/0211/19/DA
Specialist employment barrister Sarah Clarke analyses the EAT's decision in Smith v Pimlico Plumbers Ltd UKEAT/0211/19/DA , in which Mr Justice Choudhury considers whether a worker is entitled to a payment in lieu of annual leave upon termination, whether such leave was taken or not, in circumstances where the respondent did not provide any paid annual leave during the relationship.
Is there a different burden of proof in relation to misconduct cases in which there is a possibility that an employee who works with children may pose a danger?
Sarah Clarke analyses K v L UKEAT/0014/18/JW.
Is an employee who works shifts at two franchises who trade under the same name employed by both?
Sarah Clarke analyses Aftala Norfolk Ltd T/A Papa John’s Pizza et al v Read, in which we are reminded that when it comes to the question as to who the correct employer is, the employment relationship needs to be critically analysed.
Employment law barrister, Sarah Clarke analyses the case of Khorochilova v Euro Rep Ltd UKEAT/0266/19/DA.
The ECJ gives a preliminary ruling on the issue of worker status in the case of B v Yodel Delivery Network Ltd- case C-692/19
ECJ Referral
The tribunal referred the following questions for a preliminary ruling:
Does Directive [2003/88] [which was transposed into UK national law by the WTR] preclude provisions of national law which require an individual to undertake to do or perform all of the work or services required of him, “personally” in order to fall within the scope of the Directive?
Can a tribunal depart from an agreed List of Issues at a final hearing? Yes, in certain circumstances, says the Court of Appeal in Mervyn v BW Controls Ltd [2020] EWCA Civ 393.
Which employees can I furlough and how does the furloughing process work? An analysis by Sarah Clarke for Business West
Can a one-off decision amount to a PCP? Generally not, unless it can be shown that the decision, act or omission relied upon would be the same in a similar situation, says the Court of Appeal in Ishola v Transport for London [2020] EWCA Civ 112
Sarah Clarke analyses Chowdhury v Marsh Farm Futures, following her successful appearance in the EAT.
When are Article 8 rights engaged in the context of an unfair dismissal claim and how should the engagement of such rights be approached by the tribunal? Sarah Clarke analyses Q v Secretary of State for Justice UKEAT/0120/19/JOJ.
3PB barristers Craig Ludlow and Sarah Clarke analyse the latest employment law cases, covering March, April and May 2019:
•Time limits and the correct approach to the reasonable practicability of lodging ET claims when the previous fees regime was in place - Mr G Wray v Jewish Care (UKEAT/0193/18/JOJ)
•s.26 Harassment: The correct approach - Mr F Ahmed v The Cardinal Hume Academies (UKEAT/0196/18/RN)
•Criminal & Employer Investigations, Interim Injunctions & Mutual Trust and Confidence - North West Anglia NHS Foundation Trust v Andrew Gregg [2019] EWCA Civ 387
•S.15 Disability Discrimination based on mistaken belief - IForce Ltd v E Wood (UKEAT/0167/18/DA)
•Discrimination arising from disability/knowledge of dismissing officer and appeal officer - Baldeh v Churches Housing Association of Dudley & District Limited UKEAT/0290/18/JOJ
•Employee Suspension: Necessity or Reasonable and Proper cause? - The Mayor & Burgesses of the London Borough of Lambeth v Agoreyo [2019] EWCA Civ 322
•Compensatory rest break need not be an uninterrupted 20-minute period, even if such a break was in fact possible to provide - Network Rail Infrastructure Ltd v Crawford [2019] EWCA Civ 269
•TUPE transfer/sole or principal reason for dismissal/proximity of transfer - Hare Wines Ltd v Kaur [2019] EWCA Civ 216
3PB barrister Sarah Clarke analyses the latest employment law cases, covering:
• What constitutes ‘information’ in the context of making a protected disclosure? Kilraine v London Borough of Wandsworth [2018] EWCA Civ 1436
• When determining the amount of one’s holiday pay, should regular voluntary overtime be included? In the context of the NHS, should non-guaranteed and voluntary overtime be included? Yes to both, says the EAT: Flowers v East of England Ambulance Trust UKEAT/0235/17/JOJ
• Can a dismissal for a first offence of serious (not gross) misconduct ever be fair? Yes, says the EAT: Quintiles Commercial UK Ltd v Barongo UKEAT/0255/17/JOJ
• Supreme Court has upheld previous decisions that an ostensibly ‘self-employed’ plumber was in fact a ‘worker’: Pimlico Plumbers Ltd v Smith [2018] UKSC 29
3PB Employment barristers Sarah Clarke and Simon Tibbitts analyse the latest employment law cases, covering:
1. Guidance of whose motivation will be taken into account in determining the “Employer’s” reason for dismissal: Royal Mail Limited v Kamaljeet Jhuti [2017] EWCA Civ 1632
2. EAT find that relying on previous instances of misconduct, for which no sanction had been applied, does not render a dismissal unfair: NHS 24 v Pillar UKEATS/0005/16/JW
3. Subjecting men and women to the same detriment can be ‘less favourable treatment’: HM Chief Inspector of Education, Children’s Services and Skills v The Interim Executive Board of Al-Hijrah school [2017] EWCA Civ 1426
4. The Advocate General has ruled that employees may qualify for protection from pregnancy discrimination before informing employer about their pregnancy: Guisado v Bankia SA (Case C-102/16)
Please click below to read the case law update.
3PB Employment barrister Sarah Clarke provides a case law update covering the past month. Sarah's update includes: Dismissal connected to absence because of cancer treatment was not discrimination arising from disability: Charlesworth v Dransfields Engineering Services Ltd; If an employee working night shifts is required to 'sleep in' at the premises, are they entitled to NMW for this time? It depends, says the EAT in 3 conjoined appeals: Focus Care Agency Ltd v Roberts UKEAT/0143/16/DM; Frudd v The Partington Group Ltd UKEAT/0244/16/DM; and Royal Mencap Society v Tomlinson-Blake UKEAT/0290/16/DM; Where an employee works in more than one EU state, the employment contracts fall within the jurisdiction of the country where, or from which, the employee principally carries out their obligations: Nogueira and others v Crewlink Ltd C-168/16; Moreno Osacar v Ryanair, formerly Ryanair Ltd C-169/16.
Experienced in a range of employment matters including discrimination claims, whistle-blowing, unfair dismissal and TUPE work. She also has experience acting in cases involving restrictive covenants and bonus payments, and acts for both claimants and respondents.
Strengths: "She is very brave and fierce in terms of her cross-examination. She is good at picking apart situations and getting results."
Recent work: Successfully advocated for the claimant in Kirby v Key Office Solutions, a claim for direct discrimination, failure to make reasonable adjustments and discrimination arising from disability.
Chambers UK 2020/Employment - Western - Band 3
‘Fearless and great at cutting through the irrelevant and focusing her cross-examination on the core issues.’
Legal 500 2021/Employment/Leading juniors - Tier 1
Strengths: "She is a very effective advocate who can put her case strongly and convincingly."
Recent work: Instructed by the respondent in the five-day hearing of a claim for unfair dismissal relating to a protected disclosure.
Chambers UK 2020/Employment - Western - Band 3
‘A fierce opponent who fights her clients’ corner to the bitter end.’
Legal 500 2020/Employment/Leading juniors - Tier 1
Her crossover into commercial and personal injury matters lends itself well to her work in employment mandates.
"A brilliant cross-examiner who is able to present her case in an exceptionally convincing manner." "It's one thing to prepare and turn up with a script, but what really impresses me is her ability to handle situations when things go wrong and the witness bowls a googly: she makes it look like it was planned all along while subtly adjusting her approach."
Chambers UK 2019/Employment - Western
"I have recently instructed Sarah Clarke in a restraint of trade matter for a client who had issues with a departing partner soliciting clients of the partnership, I was very impressed with Sarah’s extensive knowledge in this complex area and her ability to explain these matters and offer solutions for our client to protect their business. Sarah is personable and is able to build a good rapport and trust with clients quickly and I cannot recommend her highly enough." - Instructing solicitor, July 2017
"Thank you for all your hard work and effort. You were brilliant and I can never thank you enough for all your support" - lay client
"Thank you so much for fighting so hard and well on my behalf. You honestly came out of the gate fighting and gave them no inch to move (as my mother put it "a lioness") when we were at the tribunal and for that I can't thank you enough." - lay client
"Thank you so much for all your help and advice on the case. You achieved a fantastic result for the client. We couldn’t have done it without you" - Instructing solicitor
"Just a quick thank you for all your work in pushing a settlement through today- it means a lot to us, and we appreciate that you will have done this with a stack of other work needing to be done too. We are extremely grateful both for your work today and all you have done before" - lay client
"Sarah delivers an excellent service and knows her stuff. She is approachable, experienced and convincing."- Instructing solicitor
"We have instructed Sarah for many years and we have always found her to be excellent. Sarah is knowledgeable and provides thorough and well-reasoned advice. Sarah is very approachable and is very good with clients. Sarah is an excellent advocate who presents her cases with determination and authority and she always gives 100%." - Instructing solicitor
Sarah Clarke is qualified to accept instructions directly from members of the public and professional clients under the Direct Public Access scheme.
More InformationWelcome to May's newsletter This month’s employment law newsletter features case law updates from Sarah Clarke, Naomi Webber, Andrew MacPhail and Grace Boorer covering: the correct test to apply in re-engagement orders; the workers status of foster carers under article 11 ECHR; what to do when faced with unclear and confused pleadings from a litigant in person and the ‘long-term’ adverse effect on disability status. We share a link to our new resource page for...
Continue readingWelcome to April's newsletter In this edition we welcome Mathew Gullick QC's appointment as Silk and our new tenant Alex Leonhardt. We also introduce you to our new on-line employment law resources. Our team has reviewed the judgments in the following cases: Royal Mencap Society v Tomlinson-Blake & Others [2021] UKCS 8; Asda Stores Ltd v Brierley; Rodgers v Leeds Laser Cutting Ltd; Mallon v AECOM Ltd; Page v Lord Chancellor and ors; Smith v Pimlico Plumbers Ltd UKEAT/0211/19/DA and...
Continue readingThis month's newsletter is packed full of employment law news, case analysis and useful information written by our team of expert employment barristers.
In this edition we bring you the news of a forthcoming new Silk appointment in our team, the latest employment news as well as our articles.
We have a podcast recording on PI claims arising out of discrimination claims as well as an employment law update in video and podcast form.
Finally, we invite you to register for our first live employment law webinar of 2021, due to take place on 18 February.
3PB employment barristers Sarah Clarke and Grace Nicholls provide an overview of personal injury claims arising out of discrimination. This podcast includes: • the legal test applicable • interaction with other forms of non-pecuniary loss • practical considerations/valuation; and • the Employment Tribunal v the County Court?
Continue reading
