"a very good set of juniors and seniors, who are bright and intelligent."

Chambers UK 2017

Marianne Tutin

Year of Call: 2013

"a very good set of juniors and seniors, who are bright and intelligent."

Chambers UK 2017

Marianne Tutin

Year of Call: 2013

"a very good set of juniors and seniors, who are bright and intelligent."

Chambers UK 2017

Marianne Tutin

Year of Call: 2013

Marianne Tutin

"a very good set of juniors and seniors, who are bright and intelligent."

Chambers UK 2017

Marianne Tutin

Year of Call: 2013

Marianne’s areas of practice are Employment, Tax, Commercial Litigation, Professional Negligence and Insurance & Reinsurance work. 

She is adept at advocacy and frequently appears in the Employment Tribunal, First-tier Tribunal, county courts, EAT and High Court. She has been commended for her clear advice and compelling advocacy, and obtaining “excellent results” for her lay clients.  

Before coming to the Bar, Marianne worked for an MP in the House of Commons and for Hanover Communications, a PR firm with expertise in public affairs consultancy.

  • Employment

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    Marianne practises all areas of Employment and Discrimination Law. She has considerable experience representing clients in the Employment Tribunal, including high-value multiple-day hearings, in which she is frequently against more senior counsel. She also has significant experience of representing clients in the EAT in unfair dismissal and discrimination appeals, in which she has appeared unled against a leading silk. 

    She represents both Claimants and Respondents and works for a variety of public and private sector organisations, including multinational and FTSE 100 companies, banks, insurance companies, airlines, retailers, hotels, charities, local authorities, schools and police forces.

    As well as advocacy and advisory work, she provides seminars on employment law and mock tribunals for clients. Marianne is forging a particular specialism in complex whistleblowing cases and has written extensively about the topic. She is presently on the ELA Working Party addressing the European Commission's consultation on EU whistleblowing protection.

    Recent work includes:

    EAT

    • Loveland & others v British Airways Plc (2018): acting on behalf of the respondent in an appeal concerning the impact of the CJEU holiday pay case of King v The Sash Windows Workshop Ltd [2017] All ER 213 on the Deduction from Wages (Limitation) Regulations 2014. Led by Andrew Burns QC;
    • Chambers v Cerebra (2018): acted on behalf of a claimant in a disability discrimination and unfair dismissal appeal, after successfully representing the claimant at a rule 3(10) hearing;
    • Murdock v British Airways Plc (2017): acted on behalf of the respondent in a disability discrimination and unfair dismissal appeal, after the ET dismissed the claims, appearing unled against a silk;
    • Balamoody v NMC (2017): successfully represented a claimant in a race/sex discrimination appeal at a rule 3(10) hearing.

    Employment Tribunal

    • P v Commissioner of Police of the Metropolis (2018): acting for the respondent in a whistleblowing and race/sex discrimination case;
    • W v Royal Bank of Scotland (2018): acting for the respondent in an equal pay matter;
    • B v Renaissance Capital (2018): instructed on behalf of the respondent in a complex whistleblowing, age discrimination and breach of contract claim;
    • S v Capgemini UK Plc (2018): acting for the respondent in a redundancy, disability discrimination and breach of contract claim;
    • C v Countrywide Residential Lettings (2018): acting on behalf of the respondent in a disability discrimination and unfair dismissal claim;
    • A v Lancaster Landmark Hotel Company (2018): successfully represented the respondent in an unfair and wrongful dismissal claim, which also raised employment status issues;
    • F v SLE (2018): successfully represented the respondent in an unfair and wrongful dismissal claim;
    • P & others v British Airways Plc (2018): successfully represented the respondent in an application to strike out group unlawful deduction from wages claims relating to issues of contractual construction;
    • R v Golden Manor Health (2018): successfully represented the respondent in an unlawful deduction from wages and breach of contract claim concerning contractual entitlement to overtime;
    • P v Menzies Aviation UK (2018): acting for the respondent in a constructive unfair dismissal and breach of Working Time Regulations claim;
    • D v Baxter Storey (2018): successfully represented the respondent in an application for strike out of a race/sex discrimination and unfair dismissal claim brought out of time as a result of the abolition of ET fees;
    • WE & Marks & Spencer Plc (2018): represented the respondent in a hearing to determine the issue of disability;
    • M v Ark Schools (2017): successfully applied for an extension of time for the respondent to present its response;
    • X & Y v Retailer (2017): acted as a junior to Andrew Burns QC in a highly sensitive whistleblowing case brought against a Plc, involving interim relief proceedings and injunctive proceedings in relation to a dispute about reliance on highly privileged and confidential material;
    • A & Others v Amey Plc & Others (2016): represented a respondent in a complex holiday pay dispute involving a local authority, appearing unled against a silk;
    • Nurmohamed v Chesterton (2015): assisted Alice Mayhew with the first case to consider the definition of ‘public interest’ under the new whistleblowing legislation in the EAT and Court of Appeal.

    High Court

    • M v Ministry of Defence (2018): acting on behalf of the defendant in a complex claim involving sensitive allegations of bullying and discrimination against the Armed Forces;
    • E Ltd v AM (2015): assisted Andrew Burns QC in a substantial restrictive covenant injunction.

    Marianne also has a keen interest in employment status and the gig economy, having written her LLM dissertation on the topic, and has experience of the area in the tax context (see below). She is a regular contributor to the Practical Law Employment Blog and Industrial Law Journal, as well as being an Executive Committee member of the Industrial Law Society. 

  • Tax

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    Marianne accepts instructions from both HMRC and taxpayers in a contentious and advisory capacity. She has been involved in the work of members of chambers, including litigation in the First-tier Tribunal, Upper Tribunal and Court of Appeal.

    She is currently instructed by HMRC as a junior to Adam Tolley QC (Fountain Court Chambers) and Christopher Stone (Devereux) in a number of IR35 cases involving the media industry and public sector. She is able to draw upon her experience of employment status cases in the ET context (see above). In particular, she has acted in:

    • KP Limited v HMRC: an appeal concerning the employment status of a commercial radio sports presenter;
    • P Limited v HMRC: an appeal concerning the employment status of a BBC news presenter;
    • PG Limited v HMRC: an appeal concerning the employment status of a BBC radio presenter;
    • BB Limited v HMRC: an appeal concerning the employment status of an ITV sports and BBC radio presenter.


    She has also advised taxpayers with respect to High Court claims arising out of statutory appeals brought by an end-user regarding the application of s.689 ITEPA.

    Marianne has experience of high value residence cases. She is presently instructed by HMRC as a junior to Akash Nawbatt QC and Christopher Stone in a statutory appeal concerning a high net worth individual, which also raises discovery issues (Hargreaves v HMRC).

    As a pupil, Marianne gained experience relating to the:

    • Validity of discovery assessments;
    • Imposition of statutory penalties;
    • Application of the ECHR to the FTT’s jurisdiction;
    • Scope of the Construction Industry Scheme.
  • Commercial Litigation

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    Marianne is regularly instructed in an advisory capacity and as an advocate in commercial disputes. Much of her commercial practice involves professional negligence and insurance work (see below). Her more general commercial matters include business, property, consumer and other contractual disputes in the county courts and High Court. This includes:

    • Striking out and obtaining summary judgment in respect of a multi-million pound claim brought against a firm of solicitors;
    • Striking out and obtaining summary judgment with regards to a high value claim brought against the operators of the National Lottery;
    • Appearing in the county court to defend a claim of misrepresentation and breach of contract against an energy company;
    • Setting aside default judgment in the county court;
    • Resisting applications for relief from sanctions in the county court;
    • Securing a winding up order on behalf of a creditor in the Companies Court;
    • Restoring a company to the Register of Companies in the Companies Court.


    She has been also led on a variety of commercial cases and assisted members of chambers with international arbitrations and mediations. She also has experience of commercial injunctions. Notably, she assisted Shaen Catherwood in obtaining a without notice injunction (from Birss J) and a costs order on the indemnity basis (from Mann J) in the Chancery Division against an ex-director of a large company in Friendly Pensions Ltd v Austin.

    Marianne provides seminars and mock arbitrations for clients on a range of commercial matters. Drawing upon her expertise in discrimination law, she is a member of the COMBAR Equality & Diversity Committee.

  • Professional Negligence

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    Marianne has worked on a range of professional negligence disputes and has particular experience of claims against solicitors, barristers, accountants, conveyancers and valuers. She provides pleadings, advices, letters of claim and response, and advises on policy coverage issues.

    Marianne is an adept litigator and is regularly instructed to appear in application hearings and CCMCs in the county courts. She has experience of striking out and obtaining summary judgment in respect of a multi-million pound claim brought against a firm of solicitors. She was recently instructed as a junior to Richard Harrison in a high value accountant’s negligence claim which raised complex points about accessory liability and unlawful means conspiracy.  

    As a pupil, Marianne assisted:

    • Andrew Burns QC in a solicitor’s negligence case involving the ex-Chairman of a Premier League football club;
    • Robert Glancy QC in a barrister's negligence case;
    • Richard Harrison in a high value mediation involving property valuers.
  • Insurance & Reinsurance

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    Marianne accepts instructions in insurance and reinsurance work. She has experience of both advisory and contentious work. She has been instructed to review commercial combined business insurance policies for multinational and FTSE 100 companies and brokers' agreements. 

    As a pupil to Richard Harrison, Marianne gained experience in cases involving:

    • Professional indemnity and directors’ and officers’ policies;
    • EL/PL insurance
    • Contractors' all risk insurance;
    • Non-disclosure and misrepresentation;
    • Aggregation;
    • Third Party (Rights against Insurers) Acts;
    • Insurance Act 2015.

    In particular, she assisted him in respect of the construction of a professional indemnity policy in a dispute worth over £2 billion.

Memberships and Associations

ILS (Executive Committee member)

ELA

ELBA

COMBAR (Equality & Diversity Committee member)

BILA

Academic

University of Durham, BA (Hons) Philosophy, Politics and Economics (First Class)

College of Law, GDL and BPTC 

King’s College London, LLM (Distinction)

Publications

Vicarious Liability: An Ever Expanding Concept? (ILJ (2016) 45 (4): 556-564)

Sexual harassment in the workplace (PILJ (June 2018) 7-9)

Various contributions to PLC Employment Blog

Awards and Scholarships

Inner Temple Exhibition Award 2013

Winner of BLS Debating Competition 2012