Eleena Misra KC

Eleena is an employment and equalities specialist, ranked as a leader in this field in both Chambers & Partners and The Legal 500. She has wide and in-depth litigation and advisory experience in all aspects of employment law.

While Eleena is regarded in the market as a very confident, experienced, and assured advocate in any type of employment dispute, she is particularly in demand for cases in the healthcare and education sectors and City sex / race discrimination litigation. In cases requiring technical expertise in disciplinary or regulatory matters, Eleena is a natural choice given her parallel and complementary knowledge and experience in that field. She is also able to accept instructions to appear as counsel in mediations.

Unsurprisingly, Eleena is perhaps best known for her work at the intersection of Employment and Professional Discipline. Clients have often called upon her to appear in internal hearings, tribunals, the Queen’s Bench Division, before the relevant regulator and in the Administrative Court based on the same factual matrix. It is Eleena’s calm and measured approach to even the most stressful litigation and her seasoned appearances in all of these jurisdictions that have marked her out as a go-to silk for many of her loyal instructing solicitors.

Eleena is regularly instructed by leading law firms in this area and has been selected to deal with high value, highly confidential and high-profile litigation, or investigations, many a time against Leading Counsel.

A sample of Eleena’s cases include the following (anonymised where necessary or appropriate – some cases and most investigations are too sensitive to be mentioned at all):

Lobo v University College London Hospitals NHS Foundation Trust [2024] EAT 91 – successfully defended appeal concerning status of locum / substantive Consultants and fixed term contracts of employment (appeal to Court of Appeal pending);

Julie Williams v Newport City Council [2023] EAT 136 – successfully appealed decision of tribunal on perversity grounds in relation to its findings on disability and related matters;

Kamath v Blackpool Teaching Hospitals NHS Foundation Trust [2021] EWHC 2811 (QB) – injunction / speedy trial to restrain disciplinary action against a Consultant Trauma & Orthopaedic Surgeon;

IWGB challenge against the Prime Minister in respect of “Brexit” on behalf of workers affected by a “no deal” scenario in 2019;

R (Adiatu & Anor) v HM Treasury [2020] EWHC 1554 (Admin) –  IWGB challenge against HM Treasury in respect of the Coronavirus Act 2020 and the Job Retention Scheme;

Rochford v WNS Global (Court of Appeal)[2017] EWCA Civ 2205: Eleena was instructed on behalf of the Respondent employer in this appeal concerning the interplay between disability discrimination and unfair dismissal in ill-health dismissals. Deshpal Panesar KC was led by Suzanne McKie KC at the hearing in her stead, as Eleena had just commenced maternity leave, and was successful on appeal;

Battan & others v Lloyds Bank plc and others: 2200055/2018 – Eleena was instructed on behalf of one of the banking respondents, TSB, in a case in which a large number of claimants challenged the backstop in unlawful deductions’ claims and asserted that Bear Scotland has been wrongly decided. The Respondents were successful after a five-day preliminary hearing listed purely to address questions of law;

Acting for a large and well-known banking institution in a group action brought under the Working Time Regulations (2018);

Instructed by a Claimant in a highly sensitive case against a law firm involving multiple respondents and alleged discrimination and harassment (2018);

Junior counsel (led by Mark Sutton KC) in Agarwal v Cardiff University & Anor [2017] ICR 967 acting for the successful Appellant doctor and establishing that Employment Tribunals have jurisdiction to construe contracts in wages claim under ERA 1996;

X v Y: In this highly sensitive matter, settled on confidential terms, Eleena acted for a claimant in the legal services industry against a well-known London law firm, on extraordinarily difficult facts and in the face very unusual attendant circumstances. The hearing did not take place in the end, but it would have been a very high-profile case with well-known individuals in the field of law;

Acting for a board member in a complex race discrimination claim against a professional regulatory body – testing the boundaries of the Equality Act 2010;

Acting for an NHS trust in relation to claims of religious discrimination brought by a respected consultant paediatrician; a case involving issues that turned out to be prescient of the conflicting decisions at European level on the manifestation of religious belief;

Acting for a consultant against an NHS trust in proceedings for injunctive relief in the QBC to restrain breaches of the MHPS framework applicable to the contract of employment;

Obtaining an in principle award for career-long losses for a professional claimant client in complex protected disclosure and disability discrimination claims;

Internal investigation for a bank concerning serious allegations of sexual impropriety by a senior executive;

Acting as junior counsel to Sberbank Rossi, Sberbank UK and others in highly publicised sex discrimination and associated claims brought by Ms Svetlana Lokhova (2013 to 2016) which was at the time the highest value discrimination claim brought in the Employment Tribunal (led by the now Mrs. Justice Ellenbogen KC);

Acting for a very well-known university in internal hearing against a senior academic;

Acting for the IPCC (now IOPC) in long running discrimination in recruitment claims;

Advising financial institutions and individuals on issues arising from application of bonus cap and clawbacks;

Advising on positive action schemes in construction sector.

Eleena was appointed as a fee paid Judge of the Employment Tribunals in 2023 and sits in London East.

Eleena is a member of ELA (and was formerly on its management board from 2012-14) and ELBA.

She is a returning author of Blackstones’ Employment Law Practice, and the Employment and Equalities lead in her role as Chair of the Law Reform Committee of the Bar Council of England and Wales.

Eleena’s sector focus is on healthcare and education, but she has advised at a high level on other professional regulatory issues particularly in police misconduct matters.

Eleena previously sat as a legal adviser to the General Optical Council and has advised clients in connection with a number of healthcare regulators including the GMC (and previously PMETB), NMC, HFEA, CQC, HCPC, MHRA and GPhC.

At home with the language, science and culture of the medical world, Eleena has a sound basis understanding of medical and surgical concepts and terminology, which assists in her healthcare practice. Additionally, Eleena holds a Diploma in Forensic Medicine (awarded by the Royal Society of Apothecaries, which was the body which originally awarded women their qualifications in medicine).

Eleena’s expertise in employment law and public law often dovetails with her disciplinary work such that clients often approach her for advice and representation if a variety of settings is envisaged e.g. injunction, judicial review, regulatory proceedings and a tribunal claim, such as acting for doctors in a class action in Northern Ireland regarding a pay dispute in the High Court.

Eleena has a wealth of knowledge and experience of disciplinary and regulatory work, which has ranged from representing individuals to advising the regulators themselves. She is particularly experienced in dealing with CESR appeals in the GMC (equivalence route to entry to the specialist register appeals).

Eleena founded and headed up the Professional Discipline & Regulation Group at Littleton Chambers (where she was a tenant from pupillage until 2017 when she moved to Old Square Chambers to further develop this practice).

Example cases (anonymised where necessary or appropriate) include:

Acting for the doctor who delivered baby Harry in the high-profile Richford Inquest in 2020 which case culminated in a landmark prosecution of the NHS Trust and hefty financial penalty being imposed for systemic issues;

Instructed by the Human Fertility and Embryology Authority in complex case involving consent to fertility treatment and legal parenthood including in “In the matter of the Human Fertilisation and Embryology Act 2008 (Cases P, Q, R, S, T and U) (No 2)” before Sir James Munby (President of the Family Division of the High Court);

Acting for the Human Fertilisation and Embryology Authority in highly confidential proceedings involving legal parenthood and birth registration issues;

Kamath v Blackpool Teaching Hospitals NHS Foundation Trust [2021] EWHC 2811 (QB) – injunction / speedy trial to restrain disciplinary action against a Consultant Trauma & Orthopaedic Surgeon;

Advised on appeal in the Court of Appeal for a consultant concerning his application to be admitted to the GMC’s specialist register via the “CESR” route;

Acting for the chief constable of North Yorkshire in the first gross misconduct proceedings against a chief constable in over thirty years (in the pre-public hearings regime – led by John Bowers KC);

Acting for Doctor X in GMC interim order case;

Acting for Doctor Y in NHS England Performers’ List proceedings;

Successfully acting for Physiotherapist X accused of sexual assault, over the course of a 15 day hearing in the Health and Care Professionals Council Tribunal after the Crown Court dismissed the criminal case as an abuse of process;

Advising a GP practice urgently shut down by the CQC under section 31 pending a section 30 hearing;

Investigating alleged rape in civil context at HEI;

Advising university disciplinary panel in sexual violence case against Student X in which Student Y refused to attend to give evidence;

Acting for management side in disciplinary hearing concerning fire-fighter;

Representing a group of midwives acting as whistle-blowers in connection with home birthing practice;

Defending application for injunctive relief brought by agency staff in a mental health unit;

Judicial review arising from breaches of professional standards said to have been committed by a medical undergraduate;

Strategic advice and assistance to a pharma company concerning issues arising from a clinical trial / mistaken use of unlicensed product as a medical device in the context of potential MHRA intervention;

Defending a special constable alleged to have put her position as a special in jeopardy whilst seeking to prevent a friend from coming to harm on an off-duty evening out;

Representing leading medical pioneer in complex case involving whistleblowing and discrimination and associated disciplinary matters;

Advising a bank on its pay regulation policy by reference to CRD IV;

Successfully overturning the decision of a well-known London NHS Trust in respect of its dismissal of a consultant alleged to have touched a student inappropriately;

Acting for an NHS trust in an application for an injunction brought by a surgeon accused of serious clinical negligence and of causing or contributing to patient deaths;

Acting for a patient suing a surgeon for negligence in performing gastric band surgery;

Advising an NHS trust as to whether it was obliged to fund a particular type of cosmetic surgery given overall budgetary constraints;

Acting for consultant against NHS trust for specific performance of contract of employment and obtaining injunction against the trust regarding associated disciplinary procedural breaches / breaches of the Equality Act 2010;

Acting for a trust against a midwife alleged to have abused a woman in labour.

Many of Eleena’s cases have been for NHS trusts and healthcare professionals, which has given her a depth of understanding in respect of internal disciplinary procedures and the developing jurisprudence concerning the court’s jurisdiction to grant injunctions to restrain employers from taking disciplinary measures or from dismissing employees.

Eleena has also been instructed on behalf of several universities and organisations including charities to conduct sensitive work concerning sexual violence alleged to have been committed by students, staff and others.  She has advised panels independently and brings a high level of experience to this line of work having been engaged by several higher education establishments in light of a zero tolerance and proactive approach to prevent sexual violence on campus.

Eleena is a member of ARDL and has offered pro bono assistance to Advocates for Animals and the Humane League as well as bereaved families in (sometimes high-profile) inquests.

Recent lectures include ‘Handling Bias in Disciplinary Proceedings’, ‘Doctors and Injunctions (a special case?)’, ‘Vicarious Liability’ and ‘Whistleblowing in the NHS.’

Eleena has substantial experience of high profile and complex litigation in the Administrative Court including urgent relief. Her expertise lies in the healthcare and education sectors, and in particular in regulatory appeals and challenges concerning decisions of universities, the OIA(HE) and Coroners.

Familiar with the particular costs’ considerations for judicial review claims and case management, Eleena is used to providing nuanced strategic advice and working under pressure in urgent cases. She has a wealth of experience in obtaining and defending injunctions.

Example cases:

Eleena has been advising on a pro bono basis in connection with an alleged animal abuse incident in the media in recent times which relates to both public law and professional standards issues;

Advising in respect of a coronial decision as to the proper scope of an inquest (Art.2/Jamieson) and representing the medical professionals in a judicial review (R(Gorani) [2022] EWHC 160 (Admin));

Challenging HM Treasury in respect of SSP and the Job Retention Scheme during the Covid-19 lockdown period in 2020 on behalf of low paid, gig economy workers (R (Adiatu));

Acting for a doctor challenging the GMC in relation to his specialist registration status including by way of an equality challenge;

Eleena was junior in a group action for judicial review concerning changes to clinical excellence awards for medical practitioners in Northern Ireland;

Eleena was senior junior in the R (Calle) challenge to the Prime Minister’s statements of intent in respect of the “Brexit/no deal” issues concerning the withdrawal from the EU in 2019;

OIA (now OIAHE) JR concerning termination of a medical student’s place on undergraduate course.

Eleena took over the task of leading the Bar Council’s response to the Lord Faulkes’ IRAL review in her previous role as Vice Chair of the Law Reform Committee and has been involved in the Bar Council’s recent briefings on the rule of law and erosion of judicial oversight in respect of the Illegal Migration Bill.

Eleena has spent over a decade and a half working for individuals and companies in a wide variety of contract and tortious claims including actions in negligence, claims for interim relief and economic torts. Eleena does not undertake general commercial work any longer, but regularly advises in employment-commercial matters especially concerning injunctive relief.

Clients have been as varied as the subject matter of the disputes themselves, from Formula One celebrities to footballers, and bookmakers.

Eleena is particularly experienced in dealing with the following genre of commercial dispute:

Restrictive covenants and team moves;

“Mezey” instructions to restrain dismissal or suspension (and associated interim relief);

Higher educational sector clients (including high-value County and High Court litigation);

Disputes which give rise to issues of professional discipline/regulation or public law including procurement.

Eleena has also undertaken courses in procurement law in the past and advises clients at the intersection of employment / commercial matters including in relation to senior executive disputes, bonus schemes, malus and clawback (remuneration and Basel III / CRD related matters) and agency matters.

Investigations

Eleena is a highly experienced, dynamic and capable silk who conducts, assists and advises clients on investigations across a variety of disciplines in the public and private sector. Given her expertise in employment law, professional discipline and regulation, public law and commercial law (a rare combination but one with genuine depth and breadth given her career to date), Eleena is a popular choice for those who wish to instruct a senior barrister able to hit the ground running.

She has investigated misfeasance, misconduct, harassment, discrimination, whistleblowing, safeguarding and victimisation complaints in organisations including:

• Law firms
• Multinational banks
• Military agents
• Public sector employers (especially in healthcare and education)
• Regulators
• Charities and third sector organisations
• Arts institutions
• Schools and universities
• Small and large firms and companies in the private sector
• Celebrity/well known clients.

Known for paying careful attention to the various strands of an investigation and with an in-depth experience of operating in privileged and non-privileged investigations, Eleena’s involvement usually assists to provide clarity and focus to even unwieldy or seemingly intractable disputes. Eleena takes time to set up an investigation thoroughly in terms of data protection, confidentiality, logistics and tone, right from the outset. She is a modern barrister who is able to meet the demands of an investigation flexibly.

Eleena’s legal expertise in professional discipline and regulation, employment & equalities and public law give her a solid technical understanding required to tackle a broad range of problems frequently arising in this context. Whether the Gordian knot seems to involve confidentiality issues, disclosure, data protection or privilege, or whether there are overlapping internal and external investigations, Eleena is known for careful and measured (legal) analysis, hard work and fearless integrity in investigations.

Not to be overlooked when instructing counsel in investigations; is the important ability to work in sensitive and time-critical situations. Eleena is able to handle witnesses and clients in a firm but fair manner, putting nervous individuals at ease, getting to the core of an issue quickly and robustly whilst instilling confidence in all stakeholders, including senior decision makers, as to her independence and integrity.

Eleena has advised Boards, individuals and litigants in connection with investigations. She is regularly asked to lecture in this field, as well as to represent professional clients during investigations as well as chairing hearing and appeals. This gives her an exceptional bird’s eye view of this area of work.

Eleena has undertaken some of the most sensitive and confidential investigations on behalf of and against well-known persons in recent years. Her integrity is the hallmark of her work.

Particular skills include:

Extremely high level analytical skills and the ability to provide strategic insight;

Expertise in conducting investigations involving safeguarding issues or highly confidential matters;

The ability to work with individuals who are traumatised and need especially sensitive interviewing techniques;

The ability to weave together differing strands of information and law and to undertake the “shape” of a case or an issue early on;

Exceptional organisational skills (backed by excellent clerking in investigations and a dynamic SIG in chambers);

Substantial experience in producing detailed reports and executive summaries;

Very strong interpersonal skills and the ability to interact in an appropriate manner with a broad range of people and personalities having regard to principles of equality, diversity and inclusivity;

Fearless independence.

Eleena is currently a non-executive director of a theatre company and works closely with its associated charity given her hands-on experience in this area.

Eleena has a Diploma in Forensic Medicine and accepts instructions to advise clients and attend inquests. She has experience of high-profile Article 2 inquests and of judicial review in this field.

Eleena is calm, measured, client-friendly and applies rigorous attention to detail. She is particularly adept at dealing with inquests which involve clinical issues, hospital deaths or the police. She is a fearless cross-examiner.

Example cases (anonymised where necessary or appropriate):

Acting for a junior locum doctor who delivered the baby without a consultant present in the highly publicised case into a baby’s death in Kent (Harry Richford Inquest 2020);

Acting for a GP in a case in which a patient died of suspected sepsis after an unexpectedly rapid deterioration after an OOH consultation;

Acting for a medical professional accused of administering an unlicensed drug to an elderly patient in his care;

Acting for the family of the deceased who died in hospital after what was described as a “catalogue of systemic errors” by nursing and medical staff prompting concern over future preventable deaths;

Advising in connection with the deaths of two young teenagers thought to be driving too fast in order to comply with an insurance curfew;

Acting for NHS trust in case concerning allegations of dishonest or misleading evidence given by a medical professional at an inquest;

Advising campaign group on issues concerning systematic overcrowding of hospitals by trust/former SHA in the context of informed consent post-Montgomery;

Advising ambulance service in connection with concerns around the activity of an individual technician;

Representing GPs in a case concerning a patient suicide.

• Lobo v University College London Hospitals NHS Foundation Trust [2024] EAT 91 – successfully defended appeal concerning status of locum / substantive Consultants and fixed term contracts of employment (appeal to Court of Appeal pending).
• Julie Williams v Newport City Council [2023] EAT 136 – successfully appealed decision of tribunal on perversity grounds in relation to its findings on disability and related matters.
• Kamath v Blackpool Teaching Hospitals NHS Foundation Trust [2021] EWHC 2811 (QB) – injunction / speedy trial to restrain disciplinary action against a Consultant Trauma & Orthopaedic Surgeon.
• HMPPS review 2023-24  – assisting Ministry of Justice NED as independent KC.
• High value remedy hearings involving career losses.
• Multiple investigations into sensitive and complex allegations of discrimination and sexual misconduct with clients ranging from well- known London accountancy firm to high profile university and NHS Trusts.
• Cultural review into fire service.
• Complex disability discrimination litigation spanning over 20 claims and requiring substantial adjustments to hearing process.
• Substantial multi-week cases concerning alleged sexual violence and career-ending allegations.
• Advising client on highly confidential matters concerning sexual and reproductive health and associated services across different jurisdictions.
• Injunctive relief – advising on injunctions in respect of suspension / dismissal concerning healthcare professionals.
• Chairing Law Reform Committee for the Bar Council and organising Annual Law Reform Lecture and responses to multiple consultations by government and Law Commission.
• Part-time judicial appointment.
• Mentoring and leading in other areas of work and within chambers.

• In Conversation with . . . Eleena Misra KC and Jenny Jones (MDJ Law) ahead of the introduction of the new preventative duty regarding sexual harassment
• A case note: Ms Cheryl Lobo v University College London Hospitals NHS Foundation Trust
• Ten members of Old Square feature in the inaugural Pro Bono Recognition List of England & Wales
• Eleena Misra KC wins the ‘Professions’ award at the Asian Women of Achievement Awards 2024
• Old Square Chambers to speak at the ELA (Employment Lawyers Association) Annual Conference 2024