Rachel Owusu-Agyei

Rachel is regularly instructed in multi-day hearings in all areas of employment and discrimination law, including breaches of the Equality Act 2010, unfair dismissal, unlawful deductions from wages, whistleblowing, health and safety detriment/dismissal and detriments related to trade union activities. Rachel works for a wide range of clients, on behalf of both Claimants and Respondents. She has a particular expertise in all areas of discrimination law, issues concerning employment status,cases involving trade union activities, holiday pay and privacy applications. Rachel has a busy advisory practice, as well as providing drafting services for both Claimants and Respondents.

Rachel is also developing an appellate practice, having appeared in front of the EAT both led by Jack Mitchell and in her own right. Most recently, Rachel successfully represented the Appellant in the first appellate case on flexible working applications.

Rachel has burgeoning experience as an independent investigator, including conducting investigations into disciplinary allegations and dealing sensitively with allegations from an anonymous complainant.

Rachel also has unique experience assisting with an internal race equality review at a school in the wake of the BLM movement, touching on every aspect of the organisation.

Rachel is also able to provide assistance with internal hearings, having represented an NHS Trust in internal MHPS proceedings against a senior doctor.

Before coming to the Bar, Rachel spent a year working as a paralegal in the employment department of a leading City law firm, assisting with all aspects of employment litigation on behalf of Claimants and Respondents. Her work included conducting a large disclosure review, preparing for an interim relief application in a whistleblowing matter, drafting witness statements and advising during grievance and disciplinary matters.

Rachel recently provided training to a number of organisations on discrimination law issues arising out of the Covid-19 pandemic. She has also provided specific training on sexual harassment and disability discrimination matters.

Rachel has co-authored an article published in the Employment Law Association Brief on the topic of exclusivity clauses in zero hours contracts. She has also co-authored various Westlaw Insight articles on industrial relations.

Rachel has been instructed to represent parents, young people and schools in SEN appeals in the First-tier Tribunal (Special Educational Needs and Disability). Rachel’s experience in this area includes advising on various aspects of litigation in the education context, including on appeals to the Upper Tribunal. Rachel has also conducted internal investigations on behalf of schools, including an investigation relating to the conduct of a staff member towards pupils.

As a discrimination specialist with a particular interest in education, Rachel has invaluable insight into all forms of discrimination litigation in the education context. For example, Rachel was recently instructed in connection with a school uniform religious discrimination case.

Rachel also has unique experience assisting with an internal race equality review at a school in the wake of the BLM movement, touching on every aspect of the organisation.

Rachel is a school governor for an alternative provision school and a sixth form. As such, Rachel has a wealth of experience in education matters whilst having a unique perspective on litigation in the education sector.

Rachel is developing an impressive practice as an independent investigator.

Her recent work includes:

• Investigating allegations of bullying and discrimination from an anonymous complainant against a senior member of staff in a public sector organisation;
• Investigating allegations of unprofessional conduct by a staff member at a school;
• Investigating allegations about an alleged conflict of interest at an arts organisation;
• Investigating allegations of sexual harassment against a senior member of staff in a private sector organisation;
• Assisting with an internal race equality review at a school in the wake of the BLM movement, touching on every aspect of the organisation.

Rachel has been instructed to represent registrants in front of a range of regulatory panels in the healthcare sector and is keen to develop this area of practice.

Rachel is a member of the Association of Regulatory & Disciplinary Lawyers.

Rachel has been instructed as a junior and to assist in the preparation and conduct of various judicial reviews. Rachel acted as a junior in one of the first judicial reviews arising out of the Covid-19 pandemic – R (Adiatu & IWGB) v HM Treasury [2020] EWHC 1554 (Admin).

Rachel takes a keen interest in human rights and public law matters and their overlap with discrimination law. Before coming to the bar, Rachel assisted Dame Linda Dobbs DBE drafting a lecture on the impact of the Human Rights Act 1998 on UK law, and potential plans to repeal the Act.

Rachel is a member of the Administrative Law Bar Association.

Rachel has a broad knowledge of general civil litigation. Rachel has wide experience of credit hire litigation, having appeared in both the fast-track and small claims track on behalf of both Claimants and Defendants. Rachel has also conducted advocacy in interlocutory applications in credit hire litigation.

Rachel’s general civil litigation experience extends to enforcement proceedings, where she has appeared in the High Court securing a charging order to enforce a high value judgment debt.

• Rachel Owusu-Agyei succeeds in EAT case clarifying employers’ obligations to provide decisions on flexible working applications within the decision period
• Old Square barristers instructed in connection with school uniform religious discrimination case
• Judgment in challenge to exclusion of workers from sick pay & income protection during pandemic
• OSC instructed in challenge to JRS and extended SSP regime in the context of COVID-19 pandemic
• OSC instructed in challenge to exclusion of workers from sick pay and CJRS during Covid-19 pandemic