Elaine Banton > Chambers of Rachel Langdale KC > London, England > Barrister Profile

Elaine Banton

020 7242 3555 ebanton@7br.co.uk View profile View profile

Work Department

Employment, equality, discrimination and human rights.

Position

Elaine acts for employees and employers in all areas of employment law, focusing on complex and protracted litigation at all levels. Often appearing in high profile matters her practice includes long running multi-characteristic discrimination matters and advises global and national businesses.

Elaine appears in all discrimination claims including public functions and services matters. Elaine’s practice also includes disciplinary, regulatory, sports law, human rights, harassment and stress at work claims including health and safety and Covid-19 related matters.

Appearing in high profile, impactful cases and exemplifying her Senior Executive/City practice, Elaine was The Times Lawyer of the Week in March 2023 as a result of the pre dismissal remedy judgment of £300k in the long-running litigation involving a retrial of sex discrimination, harassment and maternity claims in Rajput v Commerzbank AG. The case is a continuation of Commerzbank AG v Rajput [2019] ICR 1613. See the ET remedy judgment here, FT report here, and the Reuters report here.

Elaine was featured as The Lawyer’s Barrister of the Week in November 2021 following a widely reported direct discrimination case, Tesfagiorgis v Aspinalls Club Ltd. Her success in the Court of Appeal in O’Brien v Bolton St Catherine’s Academy [2017] ICR 737 CA, which resulted in guidance on s15 EqA claims.

In 2022, Elaine obtained a finding of disability by way of menopausal symptoms in the ongoing matter of Maria Rooney v LCC ET 2600242/19 in the ET (previously remitted from the EAT). International work includes acting for Smith in the substantial $1.4 billion sex discrimination group action Smith & Ors v Dresdner Kleinwort Wasserstein. 

Lead Counsel for the family of former key worker Belly Mujinga in her workplace inquest. Recent expertise in equality law includes being instructed as a junior counsel for Federation of Ethnic Minority Healthcare Organisations (FEMHO), a Core Participant, in the Covid-19 Public Inquiry and in a High Court, Unfair Prejudice matter. Elaine successfully represented 4 New Square Chambers as junior Counsel. Other notable and reported appellate cases may be found in the Employment section below.

Elaine has considerable experience encompassing cross-territorial complex and wide ranging investigations and domestic reviews of employment practice and procedure. Elaine also Chairs internal disciplinary and complaints panels.

Elaine is a CEDR Accredited Mediator. Experienced in complex conflict and dispute resolutions both pre and post litigation.

Elaine frequently appears as an advocate in mediations (including international matters) of all description acting for various parties in all types of complex employment and discrimination disputes. Elaine has extensive experience in professional disciplinary cases before various regulatory bodies. More information may be found in the Regulatory and Professional section below.

Elaine has given evidence in Parliament to the Joint Committee on Human Rights (Select Committee) to the Inquiry on Human Rights at Work.

Elaine speaks, writes and broadcasts regularly on her specialist areas of the law for various practice publications. She is a contributor for Harvey Industrial Relations and Employment Law, co-author of Division J Family Matters  and co-author of the chapter on Human Rights and Employment Law for Tolley’s Employment Law.

An active member of the Discrimination Law Association, she was Treasurer of the DLA for 6 years. In 2009 Elaine was named a ‘Pro Bono Hero for 2009’ by the Attorney General’s Office. From 2011 to 2014 Elaine was a Barrister member of the Bar Standards Board’s Complaints Committee. Accepted onto the delegation as a UN Women UK delegate to the United Nations Commission on the Status of Women (CSW67), in 2023. Elaine is featured in the September 2023 edition of Counsel Magazine.

Finalist in the Women and Diversity in Law Awards 2023 in 3 categories; Advocate of the Year, Mentor of the Year and DE&I Champion of the Year in a Legal Role

Elaine is a member of IBA, ELA, IFSEA, DLA, ELBA, ILS and Justice.

Elaine is the Co-Chair of the Bar Council’s EDSM Committee and is an elected member on the Bar Council’s GMC.

Elaine is a member of the Committee for the Inns of Court Alliance for Women.

Elected Bencher at Middle Temple March 2019.

Member of Middle Temple’s Appointment Committee and Bencher Selection Committee and Former Co-Chair of Middle Temple’s Race Equality, Inclusion and Anti-Racism Working Group.

Head of 7BR’s Employment Team.

Member of Sadler’s Wells Development Council.

Chair of the Board of Talawa Theatre.

Finalist for Barrister of the Year 2022, Next 100 Years, Inspirational Women In Law Awards.

Elaine was Finalist for the ‘First 100 Years Inspirational Woman of the Year Award’, Barrister of the Year 2019.

Elaine featured on BBC One’s Panorama episode “Belly Mujinga: Searching for the Truth” on 12th October 2020. She discussed the importance of the Employer’s responsibility during the COVID -19 pandemic. You can view the episode here.

Career

Called 1996; Middle Temple, Harmsworth Major Scholarship

Languages

Conversational Norwegian, French and Spanish.

Memberships

Co-Chair of the Bar Council’s EDSM Committee and on the Bar Council’s GMC (2020)

Elected Bencher at Middle Temple (March 2019)

Temple Women’s Forum Committee member

Employment Law Bar Association

Employment Lawyers Association

Justice

Bar Standards Board Professional Complaints Committee (2012-14)

Discrimination Law Association Treasurer (2003-09)

Education

LLB Hons 1991-1994; MA, Kings College London; Bar Finals 1995-96

Leisure

Reading, cinema, theatre, music.