Emma Darlow Stearn joined chambers in October 2024, on successful completion of her pupillage.

Emma has a busy trial, appellate, and advisory practice. She frequently appears in the Employment Tribunal, including in multi-day trials, and has appeared in the Employment Appeal Tribunal, both led and unled. She is often instructed to appear against more senior opponents.

Emma accepts instructions across all areas of chambers’ work and has particular expertise in whistleblowing law and crossover cases involving employment, human rights and/or media & information law, informed by her time working as a senior legal adviser for whistleblowing charity Protect.

Emma frequently contributes to the Employment Lawyers Association monthly Briefings and has written articles on topics including:

• Bringing and defending discrimination claims against service providers

• Establishing whistleblowing worker status using Convention rights arguments

• Whistleblowing claims under s.47B ERA following Wicked Vision

Employment & Discrimination

Emma acts on behalf of Claimants and Respondents/Defendants across the full spectrum of employment, equality and discrimination law matters. She has acted in complex, sensitive and high-profile cases and appeals.

Emma has represented clients at judicial mediations and dispute resolution appointments and is skilled at negotiating favourable settlements. 

Recent instructions include:

• Mr Naveed Bari v London Boroughs of Richmon and Wandsworth (sole counsel) successfully represented the Claimant/Appellant in the EAT in his appeal against a case management decision to refuse his application for specific disclosure / information. The appeal was allowed and the application remitted to a different tribunal.

• Negotiated favourable settlement for the Defendant in a goods and services discrimination claim.

• Drafted grounds of response to parental leave and breach of contract claims for an international company, as well as advising on merits, remedy and litigation strategy.

• Produced a comprehensive research note on claims of: conversion, action for money had and received, action for debt, action for knowing receipt, constructive trust: transfer of property, and restitution for unjust enrichment.

• Represented the Defendant at a Costs and Cast Management Conference for an equal pay claim brought in the county court.

• Dr Nigel MacLennan v The British Psychological Society (Protect and The Charity Commission intervening) [2024] EAT 166: (led by Chris Milsom) instructed by the Claimant/Appellant in a landmark EAT appeal, which succeeded in opening the door for charity trustees to be afforded whistleblowing protection in line with Articles 10 and 14 ECHR (the question has been remitted back to the same ET). Emma made oral submissions on ground 4, succeeding in establishing that pre-work disclosures are capable of whistleblowing protection. Emma and Chris’ blog explaining the judgment can be found here. Press coverage for the case can be found here: The Times, The Third Sector, Psychreg, Civil Society, UK fundraising, Law 360.

• M Birkett v Integral UK Ltd [2024] EAT 107: (sole counsel) successfully represented the Claimant/Appellant in the EAT in his appeal against ET findings that his dismissal for redundancy was fair under s.98(4) ERA 1996. The EAT allowed both grounds of appeal.

• E Riley v St Pancras Hotel Services Ltd: 6005372/2024: successfully represented the Respondent in a multi-day final hearing of claims of unfair and wrongful dismissal.

• Successfully represented the Respondent, resisting an application by the Claimant for reconsideration of  a costs order made against him on the grounds that he failed to comply with tribunal orders and failed to actively pursue his claim.

• Represented the Respondent in a multi-day final hearing of an unfair dismissal claim.

• Advised multiple claimants on merit and quantum for their (joined) claims for failure to make reasonable adjustments, discrimination arising from disability, harassment related to disability, and constructive dismissal.

• Drafted a letter of response and advised the Respondent on merits and quantum for a s.29 Eq A goods and services direct discrimination and harassment claim.

• Drafted a complex particulars of claim for claims of discrimination arising from disability, failure to make reasonable adjustments, harassment related to disability, victimisation and constructive unfair dismissal.

• Successfully negotiated settlement for a figure significantly above the Claimant’s valuation of their unfair dismissal claim, achieving a favourable position regarding confidentiality and non-disparagement clauses.

• Acted for the Claimant (an NHS doctor) at a hearing on employment status, to determine whether the Claimant was an employee working under: (i) an implied contract for the end user in a tripartite arrangement; and/or (ii) a fixed-term contract – succeeding in the latter argument.

• Successfully negotiated a high five-figure settlement sum for the Claimant (former Senior Sales Executive and Director) in a complex whistleblowing unfair dismissal, detriment (including the ‘detriment-of-dismissal’) and ordinary unfair dismissal claim, against multiple respondents. Involved drafting a complex schedule of loss, providing a merits and quantum assessment and advising on pre-trial strategy.

• Acted for the Respondent, successfully resisting the claimant’s amendment application to include claims of whistleblowing detriment, direct disability discrimination, race discrimination, and religion or belief discrimination.

• Acted for the Respondent in a successful deposit order application regarding the Claimant’s whistleblowing detriment claim.

• Acted for the Claimant, providing written advice and drafting an amended particulars of claim for claims of: failure to pay national minimum wage, breach of working time regulations, working time detriment, whistleblowing detriment and dismissal, and health and safety dismissal.

• Acted for the Respondent in an application for strike out of victimisation, sexual harassment, holiday pay, unauthorised deduction of wages and breach of contract claims.

• Successfully negotiated favourable settlement, including important non-financial terms, for a Claimant carer in an unfair dismissal claim. Involved drafting a schedule of loss, providing a merits and quantum assessment and delivering nuanced advice in a sensitive case.

• Drafted a schedule of loss and advised on merits and quantum for a Claimant driver in a health and safety dismissal claim.

Personal injury & clinical negligence

Emma accepts instructions from Claimants on the full range of clinical negligence and personal injury matters.

During pupillage, Emma received training on dealing with complex spinal injury and cauda equina cases, public and employer’s liability claims, and drafting schedules of loss for high-value catastrophic injury claims.

Recent experience includes:

• Provided written quantum advice for a case involving a burn injury to a child, for consideration by the court at an infant approval hearing.

• Assisted William-Latimer Sayer KC in successfully resisting a late application to adduce expert evidence in a complex, high value clinical negligence claim, by producing a comprehensive research note on the applicable law.

Prior to Cloisters

Before starting pupillage, Emma worked as a senior legal adviser for whistleblowing charity Protect, advising clients on their whistleblowing rights, undertaking employment tribunal claim casework and training employers on whistleblowing law, best practice and investigations.

During her legal studies, Emma volunteered for the Free Representation Unit, representing social security claimants in their appeals; Hackney Migrant Centre, advocating for migrants’ rights; Protect and Can’t Buy My Silence, creating films to make the law on whistleblowing and NDAs more accessible, and Gray’s Inn’s Griffin Law project, teaching parliamentary debating to schoolchildren.

Prior to coming to the bar, Emma worked for more than a decade as a professional actress, musician, and musical director, including shows at Shakespeare’s Globe Theatre and in the West End, at regional theatres across the UK, Europe and the USA, and for Paramount Pictures, Channel 5 and BBC Radio 3.

Emma’s explainer videos on whistleblowing for Protect can be found at the following links:

• Protected Disclosures and Whistleblowing

• Whistleblowing: A Practical Guide

• 43J: Protection against NDAs