Katherine Taunton

Katherine practises the full spectrum of employment law, in both the Tribunal and High Court.

Katherineʼs practice in the Employment Tribunal encompasses complex multi-day trials – for claimants and respondents – involving allegations of whistleblowing and discrimination, as well as claims for unfair and constructive dismissal. She frequently acts (including as sole counsel) in high-profile, high-value claims.

Katherine is often instructed to advise from an early stage of proceedings. She has significant expertise in procedural issues, such as applications for anonymity and restricted reporting orders.

Katherineʼs recent employment instructions include:

• Acting for a Disney-affiliated UK production company in high-profile claims of sex and race discrimination, whistleblowing and victimisation involving a health & safety crew member.
• Acting for a company CEO who was removed by the Board after he raised concerns about irregularities in the company accounts.
• Acting (led by Jane McCafferty KC) for the corporate and individual respondents in a high-profile multi-week sex discrimination, sexual harassment and victimisation claim in the Employment Tribunal brought by a former worker at a major UK bank.
• Representing Index on Censorship (led by Aileen McColgan KC in its intervention in support of the appeal before the EAT in Forstater v CGD Europe & others 2021 IRLR 706, concerning the protection of gender critical beliefs under the Equality Act
• Acting (led by Jane McCafferty KC) for a large US financial services firm facing anti-money laundering whistleblowing allegations.

Katherine regularly appears on the 11KBW Employment Podcast. She is also a contributor to Tolleyʼs Employment Handbook.

Katherine acts in and advises on commercial and business protection matters, with particular experience of team moves, breach of confidence, conspiracy claims, breach of fiduciary, contractual and equitable duties, restrictive covenants, urgent interim injunctions, and springboard relief.

She acts for both individuals and companies and is experienced in High Court litigation (including at the interim stage), arbitrations, and multi-jurisdictional disputes. Some of her recent instructions include:

• Acting (led by David Craig KC, Michael Lee and Jamie Susskind) for Howden and several Howden officers in defence of claims brought by Aon arising out of the recruitment by Howden of employees in the UK and Brazil.
• Acting as part of a counsel team in complex business protection litigation (involving arbitral and High Court proceedings against different defendants) brought by a leading US financial firm in respect of a confidential proprietary trading strategy (led by David Craig KC, Amy Rogers and Tom Ogg).
• Acting (led by David Craig and Rupert Paines) for a leading financial firm in arbitral proceedings concerning the enforceability of post-termination restraints.
• Advising (unled) on the enforceability of non-compete covenants under employee incentive schemes.
• Acting for an insurance company to pursue urgent interim relief against an ex-employee for breach of non-dealing and non-solicitation covenants (led by Amy Rogers KC).
• Acting for a global financial institution in arbitral proceedings involving a former employee, in the context of parallel Employment Tribunal proceedings (led by Amy Rogers KC)
• Acting in multi-jurisdictional team move litigation in the High Court in England and in the Dubai International Financial Centre (led by James Laddie KC, Patrick Halliday and Ronnie Dennis).

Katherineʼs practice encompasses all aspects of information and data protection, both civil and regulatory.

Katherine has extensive experience of data protection claims in the civil courts. This includes major data breach litigation, including group litigation and cybersecurity cases. As sole counsel, she is regularly instructed in data breach claims, and can offer strategic advice on handling such claims from an early stage.

Katherine is also regularly instructed by the Information Commissioner, public authorities, corporate entities and by individuals and other bodies in respect of regulatory appeals concerning the Freedom of Information Act and data protection legislation before the Information Rights tribunal.

Current and previous instructions include:

• Arnold Clark cyber attack: Acting for Arnold Clark (led by Anya Poops KC and Rupert Paines) in its defence of mass claims in relation to a cyber attack in 2022.
• Webster v HMRC: Acting for HMRC (led by Julian Milford KC and Rupert Paines) in high-profile data protection proceedings in the Media and Communications The claim was brought by a former US citizen challenging the bulk transfer of financial information to the US Internal Revenue Service pursuant to treaties between the UK and US governments.
• Forstater v Information Commissioner, MOJ, and Judicial College [2023] UKUT 303 (AAC): Acting (unled) for the ICO in this appeal about whether the Judicial College is a ‘public authority’ under the Freedom of Information Act 2000 even though it is not listed in Schedule 1 to that Act.
• Ofqual v Information Commissioner [2023] UKUT 253 (AAC): Acting (unled) for the ICO in this appeal about (i) the timing of a public authority’s public interest assessment, and (ii) the tribunal’s approach to assessment of evidence from public authorities.

Katherine acts for individuals, local and central government, and a range of other public authorities (including regulators) in all aspects of public law, both led and unled.

Her recent work in this area includes:

• Appearing for the successful local authority before the Supreme Court (led by Andrew Sharland KC) in the most recent leading case on the registration of town and village greens, TW Logistics v Essex County Council [2021] UKSC 4.
• Acting (led by Tom Cross) for Charlie Hughes, a child with severe epilepsy, in his challenges against NHS bodies and NICE, seeking access to medicinal
• Appearing jointly for Salford City Council and Salford Royal NHS Foundation Trust (led by Aileen McColgan KC) in JR proceedings against the provision of care support during hospital stays.