Elaine Banton

Elaine Banton is an experienced, highly regarded barrister practising across the whole range of employment, equality and discrimination law matters appearing regularly at all levels of tribunals and courts including the High Court and Court of Appeal. Recognised in both Legal 500 and Chambers and Partners, regularly instructed in high value and complex trials by private companies, public sector bodies and individuals.

Appearing in high profile, impactful cases, 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).

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.