Sophie Garner

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Introduction

With over 30 years qualified experience, Sophie Garner is a widely recognised, specialist, employment barrister and independent investigator. Sophie is ranked in the highest tier by Legal 500, who comment in their latest edition that she is “tactically strong and very knowledgeable, with a high level of understanding that instils confidence in clients”. Clients refer to Sophie in similar terms, and she has been described in recent years as: “tenacious”, “client friendly” and “a very capable and effective advocate”.

Sophie is appointed to the Treasury Counsel ‘A’ Panel, which deals with the most complex government cases across all kinds of courts and tribunals. In this capacity, ‘A’ Panel members are often expected to appear against KCs, demonstrating the senior, complex and high-profile level of case Sophie is typically instructed in. Indeed, it is in those factually dense and technical complex cases that Sophie really shines, as she is able to deploy her exceptional organizational and presentational skills, as well as her comprehensive knowledge of her specialist area of law.

Sophie’s reputation is such that she remains in high demand across multiple sectors and industries. This includes working on strategic, complex and senior cases for various local authorities, a wide range of private clients – from individuals to PLCs, across the education sector and for charities. A natural complement to her thriving practice, Sophie sits on the Bar Council’s Equality, Diversity and Social Mobility Committee, and also had a key role in devising and drafting the Bar Council’s training for barristers on dealing with harassment. Sophie also undertakes disciplinary and grievance investigations, as well as governance disputes, within charities, schools and the wider commercial sector.

An award-winning barrister, Sophie has extensive experience of voluntary work as a director and charity trustee, is the co-founder, and now patron, of the charity, Amicus. She currently sits on the Bar Council’s EDSM Committee and is Chair of the Midland Circuit’s EDSM Committee.

Employment

Sophie represents clients in the full range of employment related litigation, and appears before employment tribunals, as well as the county court (discrimination), High Court (restraint of trade, confidential information and JR), and before regulatory bodies (professional misconduct). Sophie has an active appellate practice and regularly appears at the Employment Appeal Tribunal.

Given her experience and expertise Sophie’s practice in employment law is broad, with her regular caseload including complex claims of discrimination, equal pay, all forms of dismissal, whistleblowing, TUPE and labour disputes. Sophie is frequently instructed in complex, multi-day cases and is also experienced in non-employment discrimination claims e.g. discrimination in the provision of goods and services or within clubs and associations. Examples of the variety of claims in this area she has worked on include advising on religious discrimination within prisons; a claim of sex discrimination against a sporting club; advising and assisting users of a service provided by religious place of worship on an issue of sex discrimination; and a High Court contractual claim concerning the provision of services being withheld on the grounds of belief.

Sophie also deals with complex issues combining elements from employment, contract and commercial law in the High Court such as restraint of trade and judicial review, and dealing with a dispute between the trustees of a high profile independent school. In these cases, Sophie uses her experience as a qualified governance professional to disentangle the corporate governance disputes which are frequently the hallmark of conflicts between directors/trustees and senior executives. Sophie is also accredited under the public access scheme representing both claimants and respondents.

As Treasury Counsel, Sophie is regularly instructed on high profile or sensitive disputes for central government departments.

Sophie has a balanced claimant and respondent practice, and her “extremely thorough” and “responsive” approach means that she can take a robust and practical approach to the litigation to consistently achieve the best outcome for clients.

Some examples of Sophie’s more recent reported cases include

Fernandes v Department for Work and Pensions [2023] EAT 114, [2023] IRLR 967 – case on limitation periods and how tribunals should approach the relevant date in circumstances when the issue is when an employer would be expected to make a reasonable adjustment
Hilco Capital Ltd v Harrington [2022] EAT 156, [2022] 8 WLUK 261 – see also reference in Harvey at D1,15, D, (7)(c ) – case on remedy in circumstances where stigma damages were claimed, but there was a failure to seek alternative employment.
Mr Justin Sanjay Chatterjee v Newcastle Upon Tyne Hospitals NHS Trust UKEAT/0047/19/BA, [2019] 9 WLUK 556 – Sophie represented the appellant: dealing with causation in a protected disclosure claim
Herry v Dudley Metropolitan Borough Council [2017] ICR 610 – Sophie represented the Respondent in this appeal brought by an ET claimant against a £110,000 order for costs against him, the case included guidance given on whether his mental health condition amounted to a disability
Greco v Ms D Greco v General Physics UK Ltd [2016] UKEAT/0114/16/DM – Sophie successfully defended this appeal against the ET’s decision to dismiss a claim of sex discrimination. Grounds of appeal related to adequacy of reasons and bias and the enforceability of s.111A (pre-termination discussions)
Pnaiser v NHS England and Coventry City Council [2016] IRLR 170 – This disability discrimination claim focused on s.15 ‘discrimination because of something arising from disability’. The case involved guidance given on the burden of proof at each stage of the s.15 analysis.

A sample of Sophie’s extensive experience in other cases includes the following:

Taking on, at the remedy stage, the representation of a woman health and safety officer who had been victimised by her employer, a Disney subsidiary, successfully securing an award in excess of £230,000
Representing a Respondent in an equal pay claim involving a fully contested stage 2 hearing
Representing a female solicitor in a discrimination and equal pay claim against her former employer, a prominent international law firm, securing a substantial six figure settlement
Representing a female HR director in a discrimination and equal pay claim against her former employer, an international aerospace company, securing a substantial six figure settlement
Representing a consultant against an NHS Trust on a claim of whistleblowing at a 10-day hearing
Advising and representing a local authority in a long running (five year) series of claims by a litigant in person involving a number of substantive hearings (the longest being 34 days) involving claims of race and disability discrimination
Advising a charity in relation to discrimination by a religious place of worship or whether the provisions of Schedule 23 to the Equality Act 2010 applied;
Advising and representing a woman expelled from a sporting club following her well-founded accusations that the club’s constitution was in breach of the Equality Act
Representing two trustees of a charity incorporated by Royal Charter in injunctive proceedings in the High Court, when an attempt was made to remove them from their positions
Successfully representing an IT sales company through interlocutory relief applications and resolution of dispute following breach by two employees of pre and post termination restrictions
Successfully representing a corporate accountant in a claim of sex (pregnancy) discrimination and detriment in relation to a request to work flexibly, this included a fully contested remedy hearing
Advising an international sales representative of a large organisation supplying the automotive trade as to the applicability of his restrictive covenants in the High Court

Speaking/Articles

A leading practitioner in the employment law arena, Sophie also regularly provides lectures, seminars and written articles on employment law, procedure, discrimination and equality, inclusion & diversity.

Investigation and Mediation

In addition to her employment law practice, Sophie is an experienced independent investigator and mediator in employment/HR cases as well as in other, broader areas of work. In undertaking investigations and mediations Sophie makes good use of her decades of experience as a charity trustee, and director, for organisations of various types and sizes, and also her qualification as a governance professional (member of the Chartered Governance Institute). She is further able to use her experience in other fields of law, gained at various previous points during her years of practice, in areas such as commercial, property, charity and administrative law.

Investigations: this work includes conducting independent investigations; decision making in disciplinaries and grievances; sensitive issue investigations including serious harassment and discrimination; investigation of organisational breakdowns; trustee/director/shareholder disagreements; and governance disputes requiring investigations and the making of recommendations. Examples of this work include:

Investigating allegations of misconduct, spanning 25 years, brought against a senior cleric within a national religious organisation
Investigating multiple allegations of bullying brought against a newly appointed C-suite officer in a national charity
Investigating a grievance brought by a teacher alleging serious sexual harassment/ assault by a colleague
Full governance review for a national gardening charity involving a dispute between a trustee/director and the CEO
Investigating a collective grievance brought against a head teacher by 39 staff

Commercial and Workplace Mediation: this work includes workplace mediation; mediation of ongoing or current claims; boardroom disputes; grievances and harassment between employees; sensitive discrimination allegations; and the breakdown of directors’ or senior executive working relationships. Examples of this work include:

Mediation of an employment claim involving allegations of racial and sexual harassment of a sensitive nature
Workplace mediation involving the CEO of substantial West Midlands based charity
Mediation between a senior manager and a former employer on the settlement of a high court employment dispute

Sophie qualified as a mediator in 2000 with CEDR, with ADR Group in 2009 and as a specialist workplace mediation with Globis in 2011. Sophie lectures in-house and externally on investigations and mediation issues.

Other Information, Qualifications and Awards

Working with Sophie

Professional clients rely, and regularly comment, upon Sophie’s thorough and meticulous case preparation. Sophie’s extensive experience means that understands the relevant law and procedure intimately and can wield it to great effect for her clients. Whether it is in cross-examination, written or oral advocacy, guidance on case strategy or in a business support role, clients will receive a tailored service each and every time.

Given that the majority of her work includes complex and sensitive matters, clients regularly report their appreciation for Sophie’s down to earth and practical approach. Sophie credits her success to a simple, effective philosophy: she aims to bring a measure of balance and proportionality to any process she is involved with to ensure the best possible outcome for the parties involved.

Awards and Appointments

Winner – Pro Bono Lawyer of the Year 2019 – Birmingham Law Society
Nominated – One of the Attorney General’s ‘Pro-bono Heroes’
Member of Attorney General’s ‘A’ Panel of Counsel – 2020
Winner – Barrister of the Year 2024 – Birmingham Law Society
Highly Commended – DE&I Champion of the Year in a Legal Role, Women and Diversity in Law Awards

Voluntary Appointments and Roles

Co-founder and Patron – Amicus (The legal human rights charity) amicus-alj.org
Chair – Midland Circuit Equality, Diversity and Social Mobility Committee
Committee Member – Equality, Diversity and Social Mobility Committee

Education

LLB Hons (Law)
Inns of Court School of Law, Grays Inn
ACG – The Chartered Governance Practitioner Course
Accredited Commercial Mediator, CEDR
Accredited Commercial Mediator, ADR Group
Accredited Workplace Mediator, Globis

Memberships

Discrimination Law Association
Employment Lawyers Association
Employment Law Bar Association

Testimonials

“Sophie can handle difficult cases exceptionally; she’s also very good with difficult clients.” Chambers and Partners 2026

“Sophie Garner is an exceptional advocate; her cross-examination preparation and technique are a pleasure to watch.” Chambers and Partners 2026

“Sophie knows the law inside out, is very well organised and focuses on the key points, to ensure the best possible outcome. Sophie’s advocacy is excellent. Sophie often comes up against KCs and is perfectly at ease responding to the points raised and matches them easily in skill and gravitas.” Legal 500 2026

“Sophie has a calm and reassuring nature and is able to get to grips with technical points.” Chambers & Partners 2025

“Sophie is extremely intelligent.” Chambers & Partners 2025

“Sophie has excellent client care skills and is on top of tricky legal issues.” Chambers & Partners 2025

“Sophie is a very experienced barrister who is fantastic with clients. She is one of the leading experts on discrimination law and as a result of her experience and expertise you always have confidence in the legal and tactical advice that she provides. She is a battle-hardened advocate who is articulate, quick thinking and very effective in a tribunal.” Legal 500 2025

“Sophie is brilliant with clients. She will always put in 100% effort when working on a case and has first-class knowledge of employment law. She provides excellent legal advice.” Legal 500 2024

“Sophie ensures that she takes the time to completely understand the facts and legal issues affecting a client’s case. She builds a rapport with the client easily and is a very capable and strong advocate.” Chambers & Partners 2024