Emma Sole

Called in 2005

Employment

Emma specialises in employment law, representing both employee and employer clients in a wide variety of claims, including unfair dismissal, Equality Act claims (including all forms of discrimination) and “whistle-blowing” matters. Specifically identified in the Legal 500 for her client friendly approach, Emma is adept at providing a customer-focused service for a range of people, from neuro-diverse lay clients to senior executives. Emma’s clients include an array of people, from high-level employees in the public sector to global companies and much smaller businesses and start-ups.

Over the years Emma has successfully made use of the Employment Tribunal judicial mediation scheme, for the benefit of both Claimant and Respondent clients.

Current, on-going cases include a number of whistle-blowing and disability discrimination linked to the Covid pandemic. Emma has recently assisted in securing a settlement for a Claimant who, it was alleged, suffered disability discrimination due to the employer’s insistence on a return to the workplace.

Emma also often speaks at employment law seminars for professional clients and is available and happy to assist with providing talks on specified employment law topics as requested.

Notable Cases:

A v Choice Support (2021/2022): Emma acted for the Claimant in an extremely sensitive whistleblowing claim. The case went to appeal in 2022 and further hearings took place in relation to the permanence or otherwise of the Reporting Restrictions. The case required careful consideration of the difference between RROs and anonymisation orders.

Jones v ABM Facilities (2021): Constructive dismissal & harassment case. The Claimant suffered with poor mental health and was found to have been harassed on the grounds of her disability and latterly resigned in circumstances which were found to amount to unfair dismissal. The claim involved difficult arguments on causation, given the Claimant’s ill-health pre-dismissal, however the Tribunal was persuaded that the loss of remuneration stemmed from the earlier harassment and so was recoverable. Ms Y Jones v ABM Facility Services UK Ltd: 2301119/2020 – GOV.UK (www.gov.uk)

Jackson v Kent CC (2020): Disability discrimination & harassment claim. The Claimant was a mental health social worker who was suspended from work for alleged gross incompetence, but who had been diagnosed with mild ADHD, which his employers had failed to take into account when assessing performance and had failed to make necessary adjustments to the workplace. Emma successfully represented the Claimant, who won the majority of the claims. https://www.gov.uk/employment-tribunal-decisions/mr-t-jackson-v-kent-county-council-2300620-slash-2020

Lipton Group PLC v Cudd (2015) UKEAT/0360/14/DM
Successfully acted for the Respondent Appellant in an appeal against an award made for injury to feelings. Award reduced by over 25% from £12,100 to £9,000.

Craven v Orion (2013)
Acted for ex-Director/employment Claimant in a successful constructive dismissal claim. Claimant was awarded damages capped at the statutory limit having been persuaded that monthly “Director’s Loans” formed part of the recoverable remuneration package and were not repayable.

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Notable Cases

A v Choice Support
Emma acted for the Claimant in an extremely sensitive whistleblowing claim. The case went to appeal in 2022 and further hearings took place in relation to the permanence or otherwise of the Reporting Restrictions. The case required careful consideration of the difference between RROs and anonymisation orders.

Jackson v Kent CC
Disability discrimination & harassment claim. The Claimant was a mental health social worker who was suspended from work for alleged gross incompetence, but who had been diagnosed with mild ADHD, which his employers had failed to take into account when assessing performance and had failed to make necessary adjustments to the workplace. Emma successfully represented the Claimant, who won the majority of the claims. https://www.gov.uk/employment-tribunal-decisions/mr-t-jackson-v-kent-county-council-2300620-slash-2020

Jones v ABM Facilities
Constructive dismissal & harassment case. The Claimant suffered with poor mental health and was found to have been harassed on the grounds of her disability and latterly resigned in circumstances which were found to amount to unfair dismissal. The claim involved difficult arguments on causation, given the Claimant’s ill-health pre-dismissal, however the Tribunal was persuaded that the loss of remuneration stemmed from the earlier harassment and so was recoverable. Ms Y Jones v ABM Facility Services UK Ltd: 2301119/2020 - GOV.UK (www.gov.uk)

Customer Systems PLC v Ranson & Ors
Acted for the Fourth Defendant (unavailable for representation at trial as Emma's due date for her first child fell in the middle of it) in a high value claim concerning the enforceability of restrictive covenants and breach of fiduciary duties.

Lipton Group PLC v Cudd
Successfully acted for the Respondent Appellant in an appeal against an award made for injury to feelings. Award reduced by over 25% from £12,100 to £9,000.

Craven v Orion
Acted for ex-Director/employment Claimant in a successful constructive dismissal claim. Claimant was awarded damages capped at the statutory limit having been persuaded that monthly "Director's Loans" formed part of the recoverable remuneration package and were not repayable.

Mauritius Tourism Promotion Authority v MK Wong Min
Concerned the limits of the considerable leeway given to foreign states who seek to raise the issue of immunity late in the day. Successfully defended the appeal on behalf of the Respondent.

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If you would like to instruct Emma Sole or would like help or advice in doing so, please call and talk to our excellent clerking team, led by Chief Executive/Director of Clerking, Paul Cray. Our phone number is +44 (0)20 7583 9241. Alternatively, please email us at chambers@farrarsbuilding.co.uk

For more information about our clerking team, please click here for the clerks page.

Appointments & Memberships

Personal Injuries Bar Association
Employment Lawyers Association
Free Representation Unit

Education & Qualifications

BVC Exhibition 2004, Inner Temple
BVC, Inns of Court School of Law, London
BA Jurisprudence, Trinity College, Oxford

Testimonials

Feedback includes, a senior representative of a Respondent company who described Emma as “a splendid young barrister who has my confidence and undivided attention”, whilst an employee client thanked her, saying “…it was very evident to me that you have outstanding abilities both in preparation and delivery, including an excellent empathy with the client…”. As an example of solicitors’ comments; one employment solicitor was “very pleased” with Emma’s work and explained that she would “have no hesitation in instructing her again”.

Directory Quotes

Emma is ranked as a ‘Leading Junior’ in Employment Law in Legal 500 and was shortlisted for Employment Barrister of the Year in 2024. Testimonials include:

‘Emma is an excellent advocate, approachable and very thorough.’ Legal 500 2024

‘She provides practical advice and is very unflappable and calm – she is an amazing advocate in very difficult and delicate hearings.’ Legal 500 2024

‘Very easy to work with and approachable, amazing attention to detail and very knowledgeable about the law. A brilliant and tenacious advocate, who is client friendly, sympathetic, and fantastic at drafting.‘ Legal 500 2023

Personal Interests

In a previous life Emma’s main hobby was playing hockey, receiving a Blue at Oxford and then playing for Southgate and later Canterbury HC. Although she hung up her stick some years ago, she is now able to get her sports-fix watching her two daughters play in various disciplines (albeit sometimes banished to the car when constructive criticism isn’t welcome). Weekends are spent happily coaxing vegetables to grow on the family allotment, walking and frequenting local, Kentish eateries and hostelries.

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