Martina Murphy

Practice Areas

Martina Murphy practice focuses on employment, group litigation and professional discipline.

She regularly appears unled in the appellate courts including the EAT and the Court of Appeal on high-profile, cutting-edge disputes.

Martina appeared in two (of seven) appeals (reported in IRLRs 11/2024) in 'BA v Rollett & Ors, Minister for Women and Equalities intervening'. She succeeded in the EAT and ET, the decisions making new law in holding that s.19 Equality Act 2010 does allow claims of associative indirect discrimination discrimination. She was lead counsel on behalf of two collectives and the EHRC. The appellate decision arose in the context of group employment litigation (‘fire and rehire’ process during Covid-19).

She is instructed on two cases representing respondents in the fast developing area of ‘worker status’ and the application of EU law and Convention rights. 'Green v Lichfield', is the first ET case to determine that a member of the clergy potentially has ‘worker’ status (Whistleblowing Detriment claim), applying the ‘Gilham’ extension And Article 14 and Article 10 Convention rights. She was also instructed as the senior junior on behalf of Respondent local authorities re worker status of foster carers.

Martina was led by Andrew Short KC in the Court of Appeal case of 'R (on the application of the Fire Brigades Union & Ors) v (1) HMT and (2) The SoS for the Home Department'; a pensions, public law and discrimination case, quantum valued at £19b+.

Martina is the current Chair of the Employment Law Bar Association (ELBA).