Madeline Stanley

Madeline advises and represents employees, 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 sex discrimination.

Madeline regularly appears in the Employment Tribunals across England and Wales, and has appeared in Tribunals in Scotland, Belfast and on the Isle of Man. She is an experienced appellate advocate.

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

• Donkor-Baah v University Hospitals Birmingham NHS Foundation Trust [2024] ICR 758. Regulation 5 of the Agency Workers Regulations 2010.
• Wallace and others v Wiltshire Council (Bristol Employment Tribunal, 2024). The ET found that an email sent by the CEO of Wiltshire Council unlawfully sought to deter employees from taking part in the activities of an independent trade union (voting for industrial action). Claims under section 146 of the 1992 Act.
• Royal Embassy of Saudi Arabia (Cultural Bureau) v Alhayali [2024] IRLR 381. State immunity in the employment context.
• Pady v Revenue and Customs Commissioners [2024] ICR D37 led by Ijeoma Omambala KC. Abuse of process in the context of Employment Tribunal multiples.
• 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.

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

Madeline advises on ballot papers, notices, picketing and general preparation for industrial action.  She has defended applications to restrain industrial action and picketing led by silks in Chambers and as sole counsel.

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 recent reported cases include:

• Tyne and Wear Passenger Transport Executive t/a Nexus v National Union of Rail, Maritime and Transport Workers (RMT) and Unite the Union [2025] ICR 153 led by Oliver Segal KC. Supreme Court judgment on rectification of collective agreements. 

• Warrington Borough Council v Unite the Union [2024] ICR 599 led by Rebeca Tuck KC. The High Court dismissed Warrington’s application for injunctive relief to restrain strike action. Judgment on determining the nature of a trade dispute. 

• R (ASLEF and others, UNISON and the NASUWT) v Secretary of State for Business and Trade [2023] ICR 1405 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. 

• 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. Supreme Court judgment on collective bargaining in the gig economy (Article 11 of the ECHR). 

• 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.

Madeline’s recent contested hearings before the Central Arbitration Committee include:

• National Union of Journalists v Press Association Limited TUR1/1378. Decision on the determination of the bargaining unit (17 April 2024)
• British Airline Pilots Association v Easyjet Airline Company Limited. Decision on disclosure of information under section 183 of the Trade Union and Labour Relations (Consolidation) Act 1992 (25 March 2024)
• National Union of Journalists v Business Insider Europe Limited TUR1/1338 – decision on the determination of the relevant bargaining unit (31 October 2023)

Madeline advises and 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).

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

Madeline is regularly instructed on public law matters.

Examples of her 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] ICR 1405 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 has appeared in various regulatory tribunals. She is a well-prepared advocate with an excellent eye for detail.

• Five Members of Old Square Chambers take up positions within the Industrial Law Society
• 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