Barrister Profile

Main Areas of Practice

Administrative Law or Judicial Review
Employment Law
Personal Injury

Biography

Emma is qualified to practise in Northern Ireland, GB and the Republic of Ireland and has experience of disputes with a multi-jurisdiction element. She has appeared in courts and tribunals in all three areas.

A sample of her recent cases are as follows:

High Court

Represented Plaintiffs who have experienced serious sexual harassment within their workplace

Instructed on behalf of employer to pursue injunction against former employees for breach of restrictive covenants

Defended injunction brought against employer to stop Company dismissing very senior employee (case had cross border elements)

County Court

Advanced an application to revoke notice issued by NIHRC on behalf of a charity

Represented employer who alleged employee unlawfully extracted data from a workplace computer

Represented Plaintiff who is pursuing breach of contract claim in respect of unlawful deductions regarding holiday pay

Defended stress at work case on behalf of local Council

Representation before Employment Tribunal

Defended disability discrimination claim brought against Respondent by a personal litigant with complex mental health issues

Represented Respondent in equal pay case

Represented Managing director who has been accused of sex discrimination

Represented Respondent that has been accused of age discrimination arising out of recruitment/selection procedure

Represented Football Club in a claim brought against them for unfair dismissal/religious discrimination

Represented Respondent in group action arising out of their alleged failure to comply with TUPE Regulations

Represented Claimant who is pursuing a protective award from the Department as his employer is now in liquidation

Represented Claimant who brought claim for religious discrimination arising out of sectarian comments made in a workplace WhatsApp group

Represented several whistleblowers within healthcare sector who have been subject to detriment as a result of making protected disclosures

Other Tribunals/Panels

Representation of professionals before regulatory bodies- NMC/HCPC

Representation of parents before SENDIST relating to failure to make reasonable adjustments for their disabled children (instructed by Equality Commission)

Representation of parents before School admissions appeal panels

Inquiries

Independent Neurology Inquiry-Junior Counsel on Inquiry Legal Team (2018-2022)

Qualifications

LL.B. Law with Politics with First Class Honours, Queen’s University, Belfast (Ranked 1st in Class)

Kennedy Scholar, Harvard University

Postgraduate Diploma in Professional Legal Studies with Distinction (Ranked 1st in Class)

2016; Called to the Bar of NI

2016; Admitted as Attorney of Law, New York

2019; Called to the Bar of Ireland

2020; Called to the Bar of England & Wales

Emma is also a Door Tenant with Broadway House Chambers and has experience of appearing before Employment and Immigration Tribunals in England.

Professional Memberships & Accreditations:

Accredited Mediator, Mediation Forum Ireland

Mediator, Resolution Centre. See mediation profile here

Member of the Government Legal Services B Panel

Member of the Attorney General’s Junior Counsel Panel

Member of the Coroners Service C Panel

Appointments

Independent member of Appeals Committee for Irish Football Association

Committees

Vice Chair of Employment Lawyer’s Group

Member of Northern Ireland Medico-Legal Society

Member of Immigration Bar Association

Member of Public Law Bar Association

Member of Pro Bono Committee

Outside of The Bar

Independent Assessor for the Commissioner for Public Appointments (CPANI)

Non-Executive Lay Member of the Northern Ireland Practice and Education Council for Nursing and Midwifery (NIPEC)

Independent Assessor for Diversity Mark

Experience

A selection of published cases

SUPREME COURT

In the matter of an application by the Northern Ireland Human Rights Commission for Judicial Review (Northern Ireland) [2018] UKSC 27:Represented Department of Health in challenge to Northern Ireland’s abortion laws

JUDICIAL REVIEW

Smyth, Re Application for Judicial Review [2018] NICA 25: Represented the Attorney General in a challenge regarding the recognition of humanist marriages in Northern Ireland

JR76, Re Judicial Review [2019] NIQB 103: Represented the Attorney General in a challenge to the decision of the PPS to prosecute a mother for procuring abortion pills online

Li, Re Judicial Review [2019] NIQB 99 (2 December 2019): Represented Applicant who challenged a decision of the Secretary of State to remove him from the United Kingdom.

The Northern Ireland Human Rights Commission (abortion services) [2021] NIQB 91: Instructed on behalf of the Department of Health in a case concerning the provision of abortion services in Northern Ireland.

Crowter & Ors, R (On the Application Of) v Secretary of State for Health And Social Care [2021] EWHC 2536 (Admin) - Represented Heidi Crowter in respect of her challenge against law which
permits abortion of children with Down’s Syndrome until birth (GB case)

SPUC Pro-life Ltd, Re Application for Judicial Review [2022] NIQB 9 (08 February 2022)- Instructed on behalf of the Minister of Health in a case which concerned the provision of abortion services in Northern Ireland

EMPLOYMENT TRIBUNAL

Gruzdaite v McGranes Nurseries Ltd 17421/18IT- Successfully represented woman who was unfairly dismissed because of her pregnancy.

Rice v Dignity Funerals Limited [2017] NIIT 02651/16IT- Made application to enable the Claimant to rely upon material obtained as a result of a covert recording. Respondent alleged this material was “without prejudice”. The Tribunal disagreed and admitted the material into evidence

Wahab v Four Seasons (No7) Limited (Discrimination - Race Breach of Contract Unfair Dismissal Other) [2021] NIIT 24540_19IT (18 November 2021)- Successfully defended a claim of race discrimination on behalf of a Respondent

McEldowney v Randox Farming Limited trading… (Breach of Contract Unfair Dismissal) [2021] NIIT 17412_18IT (26 March 2021)- Successfully represented Claimant in unfair dismissal case. First case in Northern Ireland where Tribunal appointed a Registered Intermediatory to assist the Claimant as a reasonable adjustment for hearing

SENDIST

Represented parents of child with Down’s Syndrome who alleged disability discrimination before Special Educational Needs and Disability Tribunal. Case report can be assessed here