Sarah Fraser Butlin has a wealth of experience as an employment and clinical negligence specialist. She brings a rare combination of an excellent client manner, strong intellect and meticulous preparation to her cases.

Employment and Discrimination

Sarah is in high demand for complex high profile discrimination cases. She recently acted for the Church of England in the ground-breaking religious discrimination case of Higgs v Farmor’s School, in which the EAT gave guidance on how tribunals should determine belief discrimination cases. She successfully represented Revd Dr Martyn Percy in the litigation and mediation against Christ Church Oxford. She is currently instructed in a multi-party claim for a Russell Group University. Sarah regularly undertakes internal investigations into sensitive and knotty grievance and disciplinary matters including for top tier Universities and international organisations.

Described as “highly skilled in trade union cases. and questions of worker status”, Sarah has been instructed in numerous high profile worker status cases: junior counsel in the Court of Appeal in Cordant and University of London v IWGB, in Dewhurst v CitySprint and O'Eachtiarna v CitySprint. She is also one of very few barristers who has particular expertise in trade union matters, regularly appearing before the Central Arbitration Committee and advising on recognition and information and consultation duties. She was instructed by Unite in the Coxhill v Unite EAT appeal dealing with unjustifiable discipline of a union member.

Sarah was Chair of the Industrial Law Society from 2019-2023. She is a Fellow of Selwyn College, Cambridge and Affiliated Lecturer in Labour law at the University of Cambridge.

Clinical Negligence

Sarah is currently instructed as Junior Counsel to the Infected Blood Inquiry, described as the worst treatment disaster in the history of the NHS.

In her clinical negligence practice, Sarah acts solely for claimants. She covers the full range of claims and is known for her empathetic manner combined with her razor-sharp analysis. Sarah's experience ranges across high value birth injury claims, spinal injury cases and delayed diagnosis of cancer. She has extensive experience in quantum matters and is known for her strong grasp of the minutiae in a case.

She regularly undertakes inquest work and has had notable recent success in obtaining orders for reports to prevent future deaths.

Legal 500 2024: “Sarah is hugely bright, responsive and a sharp advocate. A discrimination law expert.” (Employment) “Sarah is very bright, always well prepared, and she works with an intuitive grasp of the crucial medical and legal issues.” (Clinical Negligence)

Chambers & Partners 2024: “Sarah Fraser Butlin is an employment-specialist barrister who is hugely skilled in trade union cases, including union recognition matters and questions of worker status.”, “Sarah is very responsive and bright and has well-put-together pleadings.” and “She is very responsive and provides helpful and pragmatic advice.” (Employment)

Legal 500 2023: “Sarah is a leading academic and knows the law inside out. In an area like employment law, which is so dynamic, this is a real strength. Her written advocacy is strong, and she is very responsive and personable, and gives clear advice.”

Chambers & Partners 2023: "Sarah is excellent in all aspects of complex and high-profile matters, including advocacy, mediation and drafting." "She is fantastically bright and a really strong advocate." "She has an ability to present complex material in an understandable and appealing way."

Legal 500 2022: "She is a quietly fierce advocate who gets to the heart of the matter."

Chambers & Partners 2022: "She is an effective advocate: she is clear, she is to the point and she knows what the court is looking for." "She has expertise in trade union recognition and, as an academic as well as a practising barrister, she has a broad view of the law. She is also very user-friendly and clients loved her."

Legal 500 2021: “Very bright and technically able. Very strong on quantum and an excellent member of the team at conferences and roundtable settlement meetings. A breath of fresh air.”

Chambers & Partners 2021: "She's phenomenally able." "She's a good advocate: persuasive, clear and cogent."

Legal 500 2020: "She is extremely detailed in her work, but able to provide clear advice in complex cases."

Legal 500 2018: "Excellent with clients and at getting to grips with complex issues."

Chambers & Partners 2018: "Widely recognised for her specialist expertise within the field of clinical negligence, representing claimants in all manner of cases. She has appeared in a number of birth injury claims." "Very thorough." "Incredibly bright but also really personable and a team player. She really knows her stuff."

Legal 500 2014: "A very capable barrister, with a keen legal mind."

Chambers & Partners 2014: "..noted for her strength at appellate level, and is recognised for her strong grasp of the technical minutiae in a case. She is very bright, client-friendly and excellent at cross-examination."

Sarah was appointed a Recorder in 2018 (Criminal).

Sarah was Chair of the Industrial Law Society from 2019-2023.

She is also a member of ELA, ELBA and PIBA.

She regularly undertakes work under the ELAAS scheme at the Employment Appeal Tribunal and through the Bar Pro Bono Unit.

Sarah is a Fellow of Selwyn College, Cambridge and an Affiliated Lecturer in Labour law at the University of Cambridge.

In 2024, Sarah co-authored ‘Low-Paid EU Migrant Workers: The House, The Street, The Town’, published by Bristol University Press.

Sarah writes extensively. See full publication list.

MA (Cantab)

EMPLOYMENT AND DISCRIMINATION

• Higgs v Farmor’s School [2023] EAT 89: Guidance given on how to address manifestation of belief cases.

• R (on the application of the IWGB) v Secretary of State for BEIS [2019] EWHC 728 (Admin); [2021] EWCA Civ 260: Challenge to Schedule A1 recognition requirements and “joint employer" claim before the CAC.

• Coxhill v Unite the Union [2020] UKEAT0084/20/1706: Trade union membership and unjustifiable discipline.

• O'Sullivan v DSM Demolition Ltd [2020] UKEAT0257/19/1505: Continuity of employment.

• O'Eachtiarna v CitySprint: high profile cycle courier worker status. On appeal to EAT.

• McTigue v University Hospital Bristol NHS Foundation Trust [2016] ICR 1155; [2016] IRLR 742: Important appeal on extended definition of worker in whistleblowing claims.

• Morrissey v University of London [2016] ICR 893; [2016] IRLR 487: Meaning of to "elect or appoint" negotiating representatives in Regulation 14 ICE Regs.

• Ibarz v University of Sheffield UKEAT/0018/15: Meaning of series of similar acts under the Fixed Term Employees Regulations and Part Time Workers Regulations. In addition, successfully persuading the EAT that Goldwater v Sellafield [2015] IRLR 381 was wrongly decided and thus recovered fees paid by a union.

• GMB v Henderson [2016] EWCA Civ 1049; [2015] IRLR 451: Political belief and burden of proof.

CLINICAL NEGLIGENCE

• Infected Blood Inquiry: Junior Counsel to the Inquiry.

• N: successful settlement of cerebral palsy claim for £9million. Sole counsel.

• Walker: Inquest into maternal death resulting in Report for the Prevention of Future Deaths addressing wide ranging failures in maternity care. Civil claim ongoing.

• Zeromska Smith v United Lincolnshire Hospitals NHS Trust [2019] EWHC 552 and 980: High value psychiatric claim following negligent still birth.

• K: Inquest dealing with the failure to recognise occlusion of a prosthetic mitral valve arising out of the deceased's pregnancy and under anti-coagulation. Following submissions, a Report for the Prevention of Future Deaths was made. Civil claim settled for £575,000.

• Various women v Frimley Health: multiple high profile claims dealing with negligent treatment by Urogynaecologist.

• ENE: successful settlement of hypoxic brain injury claim for £8million; junior to Patricia Hitchcock KC.

• ETS: successful settlement of cerebral palsy claim for £8.1million. Junior to Simon Taylor KC.

OTHER CIVIL LITIGATION

• Bains v Moore & K2 (2017): High Court action, alleged breach of privacy and confidence by an 'industrial spy'.

• Cedric Slack & Partners Ltd (in liquidation) v Slack [2010] EWCA Civ 204: Appeal relating to constructive trusts and laches.