Emma Sole

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.

In the field of personal injury, Emma’s extensive practice involves Employers’ liability, tripping and slipping cases and road traffic accident claims. The experience of working in employment law and personal injury provides Emma with an invaluable overlap of knowledge and expertise; which is put to particular use in work-place stress claims which often cross over with disability discrimination/reasonable adjustment cases. Emma also has an interest in both pursing and defending claims alleged to be either fundamentally dishonest and/or fraudulent and has persuaded Courts to make enforceable costs orders against Claimants.

In addition, Emma advises and acts on credit hire claims and in numerous common law areas, including commercial and consumer protection cases as well as contractual disputes.

She is able, and happy, to accept instructions on a direct access basis and will also consider undertaking work on a CFA basis.

Emma regularly advises and acts on credit hire claims for both Claimant and Defendant, and is well versed in all potential arguments ranging from enforceability to profit-making chattels, as well as analysing the quality of BHR.

Emma’s practice includes representing clients on both sides of the issue; insurers arguing for findings of fraud and fundamental dishonesty but also Claimant’s defending such allegations. Recently Emma was able to successfully resist a fundamental   dishonesty defence and application to disapply QOCS, on behalf of a Claimant, despite the Court expressly finding numerous inconsistencies in her evidence. Emma has also dealt with several contempt of Court hearings, albeit in cases involving breach of Court Orders.

Emma will give clear and practical advice on all issues involved in cases of fraud/fundamental dishonesty, from costs to strike out applications, relying on a wealth of Court-based experience to steer clients through to the best outcome for them.

Emma also has experience in numerous common law areas, including commercial and consumer protection cases as well as contractual disputes.

She is able, and happy, to accept instructions on a direct access basis and is will also consider undertaking work on a CFA basis.