"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, High Court and Employment Appeal Tribunal. She appears frequently unled against considerably more senior counsel, including silks, at first instance and appellate levels. She has been commended for her clear advice and compelling advocacy, demonstrating “excellent judgement in her handling of issues” and obtaining “wonderful results” for her 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 and complex multiple-day hearings, as well as substantive appeals in the EAT, in which she has appeared unled against a leading employment 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, NHS Trusts and schools.

    Marianne also has experience in the High Court. She specialises in industrial relations work and has experience of advising on and preparing for strike injunctions, replacement of striking workers with other staff, blacklisting and tactics for managing picket lines and protests. She also has experience of advising on the enforcement of restrictive covenants.  

    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 and discrimination cases and has written extensively about the topics. She was on the ELA Working Party addressing the European Commission's consultation on EU whistleblowing protection and is a member of the ILS Executive Committee and COMBAR Equality & Diversity Committee.

    Recent work includes:

    EAT

    • F v Co-Operative Group (2019): represented the claimant at an appeal concerning whether the ET had erred in law in not allowing the cross-examination of a key witness in a sexual harassment case.
    • Loveland & others v British Airways Plc (2018): represented 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 in the ET.
    • Chambers v Cerebra (2018): represented the claimant in a disability discrimination and unfair dismissal appeal, following a rule 3(10) hearing.
    • Murdock v British Airways Plc (2017): represented the respondent in a disability discrimination and unfair dismissal appeal, after the ET dismissed the claims.
    • B v NMC (2017): represented the claimant in a race/sex discrimination appeal at a rule 3(10) hearing.

    High Court

    • Unite the Union v Birmingham City Council (2019): successfully represented the defendant as junior counsel in an injunction application brought by the union to prevent the Council from implementing its contingency measures put in place in response to industrial action brought by workers in its Waste Service, which was an alleged breach of a collective agreement. Led by Andrew Burns QC.
    • Birmingham City Council v (1) Unite the Union (2) Unison (2019): represented the claimant as junior counsel in an injunction application in respect of strike action brought by the Council’s Waste Service workers. Led by Andrew Burns QC.
    • Secarma Ltd v Denneny & others (2019): successfully represented the defendant in an urgent application before Master Brown to extend the deadline for disclosure in respect of an expedited trial in proceedings related to a team move.
    • X v UK LLP (2018): advised on construction of non-compete covenant and payment obligations. Provided early, tactical advice to avoid need of expensive proceedings.
    • 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.

    Employment Tribunal

    • P v Commissioner of Police of the Metropolis (2019): represented the respondent in a whistleblowing and race/sex discrimination claim. Deposit order in respect of 95 allegations made and claim withdrawn.
    • W v Transport for London (2018): successfully represented the respondent in an application for strike out/deposit order in a race discrimination claim.
    • W v Royal Bank of Scotland (2018): acted for the respondent in an equal pay matter.
    • B v Renaissance Capital (2018): acted for the respondent in a complex whistleblowing, age discrimination and breach of contract claim.
    • S v Capgemini UK Plc (2018): acted for the respondent in a redundancy, disability discrimination and breach of contract claim.
    • C v Countrywide Residential Lettings (2018): acted for 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): acted 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.
    • L v Ricoh UK Ltd (2017): acted for the respondent in a maternity discrimination and constructive unfair dismissal claim.
    • 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.

    Marianne also has a keen interest in employment status and the gig economy, having written her LLM dissertation on the topic, and has considerable experience of the area in the tax context (see below).

  • 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 high profile IR35 cases involving the media industry and public sector. She is able to draw upon her experience of employment status cases in the Employment Tribunal 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.
    • BB Limited v HMRC: an appeal concerning the employment status of an ITV sports and BBC radio 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.

    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 also has experience of very 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 raises discovery issues (Hargreaves v HMRC).

  • 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.
    • Applying for civil restraint orders in respect of vexatious litigants.
    • Setting aside default judgment.
    • Making and resisting applications for relief from sanctions.
    • 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.

    She is an adept litigator and is regularly instructed to appear in application hearings and CCMCs in professional negligence matters. 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 also 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)

PNBA

BILA

Academic

LLM, specialising in Labour Law (Distinction), King's College London

GDL (Commendation) and BPTC (Very Competent), College of Law

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

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 and Discrimination Blog

Awards and Scholarships

Inner Temple Exhibition Award 2013

Winner of BLS Debating Competition 2012