Sarah Keogh

Sarah appears in Employment Tribunals, the EAT and Court of Appeal for both claimants and respondents spanning the full spectrum of employment law.  She also carries out related work in the County Court and High Court, including claims for stress at work, breach of contract and service agreements, and injunctions relating to restrictive covenants, and is able to advise on related personal injury issues.

She has a loyal client base which includes the British Medical Association, NHS Trusts, police forces, local authorities and large national employers.

Recent work includes

• Advising the BMA in relation to test cases claiming age discrimination arising from the introduction of the 2015 NHS Pension Scheme, in which liability has now been admitted.
• Novak v Chandler Bars Group Ltd – Successfully represented Ms Novak in a test case on the worker’s rights of strippers. Ms Novak has secured worker status and will go on to claim detriment arising from trade union activities and unpaid holiday pay.
• Hallett v Derby Hospitals NHS Foundation Trust [2019] EWCA Civ 1394 – Instructed as sole junior led by Mark Sutton KC and John Cavanagh KC in a major BMA test case which successfully challenged the way in which some NHS Trusts monitor hours and rest for junior doctors and calculate pay banding supplements. Sarah advised the project team on merits, evidence, procedure and tactics and represented Dr Hallett in the High Court and Court of Appeal. Permission to appeal to the Supreme Court has been applied for.
• Brangwyn v South Warwickshire NHS Foundation Trust [2018] EWCA Civ 2235 – Represented Mr Brangwyn, an occupational therapist, in the Court of Appeal at the permission and full hearing stage on a pro bono basis. Mr Brangwyn was a carpenter with a blood phobia who provided occupational therapy for the Respondent’s patients and was dismissed when changes were made to his job description requiring him to go onto hospital wards. The judgment clarified the law in relation to the identification of a PCP for the purpose of reasonable adjustment claims under the Equality Act 2010.
• Advising the BMA and negotiating whistle blowing protection for Junior Doctors as against Health Education England and Health Education and Improvement Wales.
• Stewart v NHS Business Services Authority [2018] EWHC 2285 (Ch) – Successfully represented Dr Stewart in his High Court appeal from the Pension Ombudsman’s refusal of temporary injury allowance after diseases contracted from a mosquito bite whilst at a conference in India left him unable to work. The judgment provides guidance as to the steps required to determine whether a particular activity is “in the course of employment”, a phrase adopted by numerous employment benefits regulations as a condition of eligibility.

Sarah appears in and provides legal advice to panels in professional regulatory proceedings, including Police Misconduct and Capability hearings, Special Case hearings and PAT appeals. She also appears and advises in relation to proceedings in the Nursing and Midwifery Council, and Health and Care Professions Council.

Recent work includes

• Representing a psychiatrist in the HCPC facing professional misconduct charges including admitted inappropriate sexual communication with teenage patients against a background of psychiatric injury and drug addiction. Successfully prevented strike off from the register and after a period of suspension the practitioner has been fully restored to the register without conditions.
• Advising a police force in relation to its approach to potential misconduct proceedings and IPCC referral in circumstances where a number of officers had been found in the Employment Tribunal to have discriminated against or victimised a fellow officer.  The case has received national interest and has been mentioned by the Home Office Select Committee.
• Re ex-PCs Cooper and Newbury – Instructed by Commissioner of Police of the Metropolis in the Police Appeals Tribunal where dismissed officers have appealed on the basis that the use of evidence discovered during the unrelated criminal investigation of a third officer is a breach of Article 8 rights.

Recent Work & Notable Cases:

• Advising the BMA in relation to test cases claiming age discrimination arising from the introduction of the 2015 NHS Pension Scheme, in which liability has now been admitted.
• Novak v Chandler Bars Group Ltd – Successfully represented Ms Novak in a test case on the worker’s rights of strippers. Ms Novak has secured worker status and will go on to claim detriment arising from trade union activities and unpaid holiday pay.
• Hallett v Derby Hospitals NHS Foundation Trust [2019] EWCA Civ 1394 – Instructed as sole junior led by Mark Sutton KC and John Cavanagh KC in a major BMA test case which successfully challenged the way in which some NHS Trusts monitor hours and rest for junior doctors and calculate pay banding supplements. Sarah advised the project team on merits, evidence, procedure and tactics and represented Dr Hallett in the High Court and Court of Appeal. Permission to appeal to the Supreme Court has been applied for.
• Brangwyn v South Warwickshire NHS Foundation Trust [2018] EWCA Civ 2235 – Represented Mr Brangwyn, an occupational therapist, in the Court of Appeal at the permission and full hearing stage on a pro bono basis. Mr Brangwyn was a carpenter with a blood phobia who provided occupational therapy for the Respondent’s patients and was dismissed when changes were made to his job description requiring him to go onto hospital wards. The judgment clarified the law in relation to the identification of a PCP for the purpose of reasonable adjustment claims under the Equality Act 2010.
• Advising the BMA and negotiating whistleblowing protection for Junior Doctors as against Health Education England and Health Education and Improvement Wales.
• Stewart v NHS Business Services Authority [2018] EWHC 2285 (Ch) – Successfully represented Dr Stewart in his High Court appeal from the Pension Ombudsman’s refusal of temporary injury allowance after diseases contracted from a mosquito bite whilst at a conference in India left him unable to work. The judgment provides guidance as to the steps required to determine whether a particular activity is ‘in the course of employment’, a phrase adopted by numerous employment benefits Regulations as a condition of eligibility.

• Advising the BMA in relation to test cases claiming age discrimination arising from the introduction of the 2015 NHS Pension Scheme, in which liability has now been admitted.
• Novak v Chandler Bars Group Ltd – Successfully represented Ms Novak in a test case on the worker’s rights of strippers. Ms Novak has secured worker status and will go on to claim detriment arising from trade union activities and unpaid holiday pay.
• Hallett v Derby Hospitals NHS Foundation Trust [2019] EWCA Civ 1394 – Instructed as sole junior led by Mark Sutton KC and John Cavanagh KC in a major BMA test case which successfully challenged the way in which some NHS Trusts monitor hours and rest for junior doctors and calculate pay banding supplements. Sarah advised the project team on merits, evidence, procedure and tactics and represented Dr Hallett in the High Court and Court of Appeal. Permission to appeal to the Supreme Court has been applied for.
• Brangwyn v South Warwickshire NHS Foundation Trust [2018] EWCA Civ 2235 – Represented Mr Brangwyn, an occupational therapist, in the Court of Appeal at the permission and full hearing stage on a pro bono basis. Mr Brangwyn was a carpenter with a blood phobia who provided occupational therapy for the Respondent’s patients and was dismissed when changes were made to his job description requiring him to go onto hospital wards. The judgment clarified the law in relation to the identification of a PCP for the purpose of reasonable adjustment claims under the Equality Act 2010.
• Advising the BMA and negotiating whistleblowing protection for Junior Doctors as against Health Education England and Health Education and Improvement Wales.
• Stewart v NHS Business Services Authority [2018] EWHC 2285 (Ch) – Successfully represented Dr Stewart in his High Court appeal from the Pension Ombudsman’s refusal of temporary injury allowance after diseases contracted from a mosquito bite whilst at a conference in India left him unable to work. The judgment provides guidance as to the steps required to determine whether a particular activity is ‘in the course of employment’, a phrase adopted by numerous employment benefits Regulations as a condition of eligibility.

• Sarah Keogh appointed fee-paid Employment Judge
• Success in national test case on the monitoring of safe working practices for junior doctors
• Spencer Keen and Sarah Keogh appointed to the Employment Law Association Pro Bono Committee
• Sarah Keogh Awarded Junior Pro Bono Barrister of the Year
• Sarah Keogh nominated for the Junior Pro Bono Barrister of the Year award.