Madeline Stanley

Employment Tribunal litigation

Madeline advises and represents individuals, trade unions and employers in all areas of employment law. Her recent clients include individuals supported by most of the major trade unions, several NHS Trusts, a well-known law firm, and employers in the banking, hospitality and higher education sectors.

Madeline has significant experience running claims involving multiple claimants. She has recently been instructed on several large multiples including claims for holiday pay, unauthorised deductions from wages and age discrimination.

Madeline is an experienced appellate advocate.

Madeline’s recent significant cases in the Employment Tribunal or on appeal include:

• Miles v Driver and Vehicle Standards Agency [2023] IRLR 630 led by Betsan Criddle KC. EAT judgment on disability discrimination/health and safety dismissals in the Covid 19 context.

• Ranson v Department of Health and Social Care (Isle of Man Employment Tribunal, 2022 and 2023) led by Oliver Segal KC. Whistleblowing claims brought by the Medical Director on the Isle of Man. Dr Ranson was awarded £3.19m.

• Pitcher v (1) University of Oxford (2) St John’s College [2022] ICR 338 led by Nadia Motraghi KC. EAT judgment about whether the compulsory age for academics at Oxford University constituted direct age discrimination.

• Secretary of State for Business, Energy and Industrial Strategy v Parry [2018] ICR 1807 led by Nicola Newbegin. Court of Appeal judgment on whether paragraphs of the Employment Tribunal rules were ultra vires.

Collective work

Madeline advises on ballot papers and notices for the purposes of industrial action. She has defended applications for strike injunctions led variously by Oliver Segal KC and Betsan Criddle KC. Madeline has significant experience of disputes falling within the jurisdiction of the Central Arbitration Committee and the Certification Officer.

She is currently instructed on several large unlawful inducement (section 145B) multiples.

Madeline’s reported cases include:

• (1) National Union of Rail Maritime and Transport Workers (2) Unite the Union v Tyne and Wear Passenger Transport Executive t/a Nexus [2023] ICR 148 led by Lord Hendy KC. Court of Appeal judgment on whether it is possible (in law) to rectify a collective agreement.

• Independent Workers of Great Britain v (1) Central Arbitration Committee (2) Roofoods t/a Deliveroo [2022] ICR 84 led by Lord Hendy KC and Katharine Newton KC. Court of Appeal judgment on collective bargaining in the gig economy (Article 11 of the ECHR). The Supreme Court heard an appeal in April 2023 (judgment not yet handed down).

• NUPFC v Certification Officer [2021] ICR 1397 led by Lord Hendy KC and Katharine Newton KC. Court of Appeal judgment on whether a union comprising individuals working under foster care agreements is eligible for inclusion on the list of trade unions kept by the Certification Officer.

High Court and County Court litigation

Madeline acts in matters concerning bonuses, notice periods, confidential information and post-termination restrictions. She has recently been instructed on behalf of individuals and businesses in the property, public relations and medical sectors.

Her led work includes Dixon v North Bristol NHS Trust [2022] EWHC 1871 (QB) (confidential information in the employment context led by Nicola Newbegin).

In the county court, Madeline is regularly instructed in goods and services discrimination matters and has recently advised on these claims in sectors as diverse as construction and social care.

Madeline regularly advises on civil procedure, cost budgeting, general costs recovery and litigation tactics.

Madeline is regularly instructed on public law matters.

Examples of her recent sole instructions include:

• a challenge to the regime for a particular professional examination;
• a challenge to a funding decision in the education sector; and
• advising a major trade union on the public law aspects a key policy campaign.

Her led work includes:

• R (ASLEF and others, UNISON and the NASUWT) v Secretary of State for Business and Trade [2023] EWHC 1781 (Admin) acting for the NASUWT led by Betsan Criddle KC. The High Court quashed regulations made in 2022 which removed the prohibition on the supply of agency workers to cover industrial action.
•  R (FDA) v Chancellor of the Exchequer acting for the FDA and led by Ijeoma Omambala KC. Judicial review of the exit payment regulations. The regulations (which sought to impose a cap on exit payments in the public sector) were revoked after the claim for judicial review was issued.

Madeline advises and represents Claimants and Defendants. Her work includes claims arising out of road traffic accidents, employer’s liability claims, occupiers’ liability claims, package holiday claims and claims under the Highways Act.

Madeline regularly appears in the full range of application hearings, at cost case management conferences and at trials. She drafts pleadings, and advises on liability, quantum, cost recovery and tactics in all areas of personal injury work.

Madeline has appeared in various regulatory tribunals. She is a well-prepared advocate with an excellent eye for detail.

• Supreme Court judgment on rectifying collective agreements
• Six members of Old Square Chambers appointed to EHRC panel
• Appeal: State Immunity in the employment context
• Members of Old Square Chambers successful in judicial review of agency worker regulations
• Lord Hendy KC, Katharine Newton KC and Madeline Stanley feature in The Lawyer’s Top 10 Appeals of 2023