Marshall v. East & North Hertfordshire NHS Trust [2025] EAT
Acted for the Respondent in this appeal against the tribunal’s decision dismissing the Claimant’s claim.
Caroline Jennings is an employment law specialist, and consistently ranked as a leader in the field by both Chambers & Partners and Legal 500. Caroline is on the Attorney General’s panel for Government work.
Caroline is an experienced and specialist employment barrister. She is consistently ranked as a leader in the field of employment law in both Chambers & Partners and Legal 500. Most recently, Chambers UK noted her to be “a skilled advocate with excellent client service… very intelligent, smart, tenacious and charming”.
Caroline is mainly instructed on behalf of respondents to advise and represent them in employment tribunals across the country as well as the EAT. Her range of instructions see her representing some of the largest companies in the country as well as maintaining a busy public sector practice, acting for NHS Trusts and local authorities.
Caroline is known for her excellent client care and ability to communicate effectively with both private and public clients, as well as those instructing her. A recent Chambers UK entry described her as “a very thorough and personable barrister”.
Further to her court work, Caroline acts in professional discipline proceedings. She also undertakes a broad range of advisory work and acts as an independent party in internal investigations and disciplinary matters (most frequently surrounding employer allegations of gross misconduct and more complex employee on employee allegations of bullying, harassment and discrimination). She is regularly instructed to advise on compromise agreements and in judicial mediations.
Caroline was appointed Deputy District Judge in April 2020. She sits on the South Eastern Circuit.
Caroline is appointed to the Attorney General’s Panel of Counsel for Government work.
Caroline is registered to undertake public access work.
Acted for the Respondent in this appeal against the tribunal’s decision dismissing the Claimant’s claim.
Acted for the Claimant in the Respondent’s appeal against the tribunal’s decision finding the Claimant to be a worker.
Acted for the Respondent in this appeal on the issue of worker status.
Acted for the Respondent in two separate appeals against the tribunals’ decision striking our part of the Claimant’s claims.
Acted for the Respondent in this whistleblowing and health and safety dismissal claim.
Acted for the Respondent in this claim for race and age discrimination.
Acted for the Claimant in a high value race discrimination and whistleblowing claim.
Acted for the Respondent in a complicated whistleblowing claim.
Acted for the Respondent in an unusually complex constructive unfair dismissal case regarding significant delay in a disciplinary process.
Acted for the Respondent in this high profile direct race discrimination claim regarding a failure to promote within the Fire and Rescue Service
Acted for the Respondent in this complex equal pay claim brought by a male employee.
Acted for the Respondent in this claim for sex discrimination and associative indirect disability discrimination brought by a prison officer.
Acted for the Respondent in a high value race and disability discrimination claim.
Acted for the Respondent in a sexual orientation discrimination claim.
Successfully represented a professional services firm and its directors against claims of discriminaiton, whistleblowing, and automatic unfair dismissal. The claim included criminal allegations of rape against the CEO across several jurisdictions.
Successfully represented a NHS Trust against a disability discrimination claim regarding the withdrawal of a job offer. Further succeeded in having the Claimant’s appeal dismissed in the EAT.
Successfully represented a Claimant on the issue of worker status arguing that the principles of the Uber judgment did not only apply to low paid workers in the gig economy, but also to higher earners.
Successfully represented a private mental health hospital against claims of discrimination, whistleblowing, health and safety breaches and automatic unfair dismissal following assaults of the Claimant by a resident.
Successfully represented a city council against a multi claimant discrimination and unfair dismissal claim arising from a restructure following changes in funding from Arts Council England.
Successfully represented a multi academy trust against claims of pregnancy and maternity leave discrimination following the Claimant’s redundancy upon return from maternity leave.
Successfully represented a leading cleaning company against an indirect sex discrimination claim following questioning relating to dependent children at interview.
Successfully represented a Deanery against an indirect race discrimination claim brought on the basis that it did not acknowledge EEA equivalent medical qualifications (pursuant to the European Directive).
Successfully represented a leading employment business at a PHR to determine the employment status of a worker who had been on the same assignment for 13 years. Further succeeded in obtaining a costs order against the claimant.
Successfully represented a nurse in her unfair dismissal claim following the hospital’s finding that she was guilty of gross negligence.
Successfully represented a science and engineering company against a complex age discrimination claim by an unsuccessful job applicant.
Successfully represented a NHS Trust against a disability discrimination claim brought for unfair dismissal and failure to make reasonable adjustments. Successfully established that there was no link between the claimant’s disability and the chemicals used for decontamination.
Successfully represented a leading automobile business at a PHR to determine whether it was just and equitable to extend time so that the claimant’s claims were allowed to continue out of time. The Claimant had been sectioned under the Mental Health Act 1983 in the intervening period.
Successfully represented multiple claimants in a redundancy claim on the basis that the redundancy exercise was unfairly coloured by management’s personal views of the employees.
Menopause occurs when those with a menstrual cycle stop menstruating. The lead up to this can take up to 10 years – this is known…
When considering the postponement of an interim relief hearing, can counsel’s availability amount to “special circumstances”? Yes, held the EAT in Lunn v Aston Derby….
"Exceptional in her approach, her cross-examination is to the point, and her written submissions are spot on."
"Caroline Jennings is a skilled advocate with excellent client service. Caroline is very intelligent, smart, tenacious and charming."
"Caroline is tenacious, bright and has a sharp eye for detail. She is responsive to client needs, but also robust. She is confident, approachable and extremely knowledgeable"
"Really good: very calm and a focused advocate." "She was really responsive to all the correspondence I sent to her, dealt with things very well and was very good at the hearings we had"
"Very well-prepared and an excellent cross-examiner. Courteous and constructive as an opponent. She has a great ability to master a brief quickly - clear and incisive in her assessment of the issues, as well as proactive."
"She is very easy to work with and very good with clients."
"Very determined and fiercely focussed with a sound understanding of the legal concepts"
"Very strong advocacy and cross-examination skills." "Knowledgeable, great with clients and well prepared"
"She has an excellent grasp of the issues and puts clients at ease."
Menopause occurs when those with a menstrual cycle stop menstruating. The lead up to this can take up to 10 years – this is known…
When considering the postponement of an interim relief hearing, can counsel’s availability amount to “special circumstances”? Yes, held the EAT in Lunn v Aston Derby….
