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.