Tom Coghlin KC specialises in employment and discrimination law and a range of related fields.

He was shortlisted for “Employment Silk of the Year 2023” by the Legal 500.

Tom acts for claimants and defendants in contractual claimant arising from employment and similar relationships, notably bonus claims and claims to enforce restrictive covenants and obligations of confidentiality.

He acts for claimants and respondents in complex and high value litigation involving discrimination, equal pay, whistleblowing, cross-border jurisdictional issues, TUPE, commercial agents, and disputes involving partners and LLP members. He advises and acts for trade unions in cases brought in the employment tribunal, the High Court and before the Certification Officer.

He has particular expertise in conducting disciplinary, whistleblowing and grievance investigations at the highest levels of organisations ranging from global law firms to leading educational institutions.

Equally he advises and represents those who are involved in such processes, or who face disciplinary proceedings by regulatory bodies, including solicitors, doctors, academics, sportspeople and those in regulated financial institutions.

He has significant experience in high-profile litigation in international arbitral tribunals.

Tom lectures and trains diverse audiences on employment law and procedure, and has extensive experience in delivering familiarisation training enabling witnesses to perform to their best in court.

Since 2013 Tom has sat as a part-time Fee-paid Employment Judge based in the Birmingham region.

Before coming to the Bar, Tom read Law at Worcester College, Oxford (MA 1995, BCL 1996). He has been in practice at Cloisters since undertaking his pupillage in 1997-1998, and since 2019 has been chambers’ Treasurer.

Shortlisted for Legal 500 Employment Silk of the Year 2023.

For many years Tom has been rated by the legal directories as a leader in the field of employment law. He is recognised for his advocacy, his creativity, his knowledge of his subject area and his user-friendly approach.

Chambers & Partners 2025: (Employment) "Tom is a brilliant tactician." "When Tom is your opponent, you raise your game." "Tom is an incredible advocate in court."

Legal 500 2025: "A silk with an erudite mind, who is a forensic and methodical cross examiner and a strong and persuasive influencer.”

Chambers & Partners 2024: “Tom is fabulous - he has a forensic brain and is a brilliant advocate. He sees flaws, finds solutions and moves forward effectively.” “Tom is impressive at seeing the bigger picture and still getting the right result. He is very responsive and attentive to the wants of the client. He is attentive and can guide you through the entire litigation process.” “He is a calm and reassuring presence, and is fantastic with anxious clients.”

Legal 500 2024: “Tom is fiercely intelligent. He is particularly good on his feet, and always finds the right words to win an argument. A truly exceptional barrister.”

Chambers & Partners 2023: “Tom is truly excellent. He has an incredibly sharp mind, with a real understanding of the technical details combined with a strategic approach”.

Legal 500 2023: “Tom has a superb grasp of the finer details of employment law; and he is fantastic with clients due to his highly personable, but firm and pragmatic, approach. Tom's drafting is brilliant, and his ability to see through to the heart of the matter and formulate a successful strategy is unparalleled. His advocacy is razor-sharp, he is always on top of the issues, and his delivery is calm, authoritative and hugely persuasive - a lawyer at the top of his game”.

Chambers & Partners 2022: "He is extremely intelligent, he is a brilliant advocate, he is very detailed, he can deal with anything thrown at him and he is a pleasure to deal with." "He is so sharp; really good at assimilating a large case, and provides effective advice."

Legal 500 2022: "Tom is a fantastic barrister. He is supremely well prepared on all occasions, and clearly has the confidence of any tribunal he appears before. His advocacy is calm, measured and methodical – devastatingly understated."

Some comments from the last few editions of the legal directories:

• “He is responsive, dynamic and clear in his advice. Extremely intelligent and approachable, and creative in the solutions and arguments he produces."

• “He is brilliantly incisive in his preparation, and very client-friendly."

• "A truly impressive advocate, who is calm, courteous, unruffled, and able to deal effortlessly with the most difficult arguments bowled at him.”

• “He has a phenomenal brain.”

• “A masterful and fearless advocate with an unparalleled eye for detail.”

• “A great tactician who thinks fast on his feet, has a great way with clients, and is very approachable.”

• “Very client-friendly and an amazingly hard worker. He has a razor-sharp brain and he is engaging and charming in court.”

• “Impressive and versatile.”

• “Always very well prepared, leaving no stone unturned... A quick-thinking and tenacious advocate, who can distil complex legal issues.”

• “A standout barrister who is equally excellent when acting for employers or employees.”

• “Great strategic skills. Incredibly knowledgeable.”

• “He displays excellent technical knowledge and his cross-examination skills are impressive.”

• “He works incredibly hard, is very incisive about how he thinks and he has a fantastic way about working with clients.”

• “An amazing advocate and brilliant tactician.”

Fee-paid Employment Judge (Birmingham region) (2013- )

Treasurer, Cloisters Chambers (2019- )

Director, Bar Mutual Indemnity Fund (2017-2024)

Employment Law Bar Association

Employment Lawyers Association

Discrimination Law Association

Industrial Law Society

MA (Oxon)

BCL

• Element v Tesco Stores Ltd: Tom acts for Tesco in the defence of multi-party equal pay claims.

• Omooba v Leicester Theatre Trust [2024] IRLR 440 (ET and EAT): Tom acted for the respondent theatre in its successful defence of a religious discrimination claim brought by a musical theatre performer and devout Christian whose contract to play the lead role in The Color Purple was terminated after the claimant’s past remarks about homosexuality came to public attention. The claim was dismissed in its entirety by the employment tribunal, along with an order that the claimant pay the respondents' costs in full. This case also considered the correct approach to the further use of documents (trial bundles, etc) which had been referred to during hearings. Appeals brought by the claimant were dismissed by the President of the EAT, Mrs Justice Eady.

• Dawes v Royal College of Nursing (2022-2024): Tom acted for the RCN in the successful defence of whistleblowing and unjustifiable discipline claims brought by the RCN’s former Chair.

• T v B (2023): Tom represented the appellant in a successful appeal against an employment tribunal’s decision that a covertly-recorded telephone conversation was admissible in evidence.

• Williams v ABP London and others (2022-2023): Tom acted for the appellants in an appeal against a tribunal’s decision to uphold whistleblowing claims and to award over £750,000 in compensation and costs (Tom had not appeared at the liability and remedy hearing in the tribunal). The challenge involved no fewer than fifteen grounds of appeal which the Employment Appeal Tribunal held to be arguable. The case settled shortly before the appeal hearing.

• Brooks v Nottingham University Hospitals NHS Trust (2016-19): Tom led the successful defence of a £5m whistleblowing claim brought by a consultant surgeon against an NHS Trust; the claimant was ordered to pay the respondent's costs in full, a decision upheld by the President of the EAT, Mr Justice Choudhury.

• Noblemunn v H (2018-19): Tom acted for a barrister in a claim brought against her for race discrimination by a judicial office holder. The claim was held to have been vexatious and the clamant was ordered to pay the barrister's costs in full.

• Ojiambo v Commonwealth Secretariat (2018-19): Tom acted for the former Deputy Secretary-General of the Commonwealth challenging the non-renewal of her contract. The Secretary General of the Commonwealth, Baroness Scotland of Asthal KC, was held to have acted unlawfully and for an improper purpose in not renewing Dr Ojiambo's contract. Dr Ojiambo was awarded substantial compensation and costs.

• Venuprasad v Commonwealth Secretariat (2018-19): Tom acted for a senior Commonwealth official who had been accused of leaking confidential information to the Press. The Secretariat was held to have acted unlawfully in various respects. The applicant was awarded substantial compensation and costs, and the Commonwealth Secretariat's appeal was substantially rejected, again with costs.

• Efobi v Royal Mail Group Ltd [2019] ICR 750 [2019] IRLR 352 (CA): Tom acted for Mr Efobi in this leading case in which the EAT and Court of Appeal considered the burden of proof in discrimination claims, particularly where key decision-makers are not called to give evidence.

• Oni v Unison [2018] ICR 1111 [2018] IRLR 806: Tom acted for the appellant in an appeal challenging the orthodox understanding that tribunals can only hear contractual claims where the respondent was the claimant's employer.

• Fox v British Airways (2012-18) [2013] ICR 1257 (CA and EAT): Tom acted in a claim by the estate of a deceased employee for life cover which was lost when he was unlawfully dismissed. The claim raised important and novel points of law. Tom was successful in both the Employment Appeal Tribunal and the Court of Appeal.

• C v S (2014): Tom secured a strike out of an exceptionally complex £10m race/whistleblowing claim brought against an NHS Trust.

• Sivanandan v LB Hackney [2013] ICR 671 (CA): Tom acted in this leading case concerning the apportionment of awards in discrimination cases.

• Community Law Clinic Solicitors v Methuen [2012] Eq. L.R. 880 (CA): Tom represented the successful claimant in this appeal. This was an age discrimination case concerning the interplay between age, experience and pay and the tribunal's powers of strike-out.

• Sheffield Forgemasters v Fox; Telindus v Brading [2009] ICR 333: An appeal concerning the effect of receipt of incapacity benefit on the ability to claim compensation for loss of earnings in discrimination and unfair dismissal claims.

• The Chagos Islanders' Group Litigation (QBD, CA and European Court of Human Rights): Tom acted for thousands of Indian Ocean islanders who were displaced to make way for US military base at Diego Garcia in the Chagos Islands.

• Orthet Ltd v Vince-Cain [2004] EWCA Civ 1613. Tom acted for the claimant in successfully defending an appeal to the Court of Appeal concerning the assessment of damages in discrimination cases.

• BCCI v Ali [2002] 1 AC 251: The leading case on the enforceability of settlement agreements.

Tom is a contributor to From Counsel, an authoritative online resource launching in 2023. He authors chapters on Burden of Proof in Discrimination Claims and Tax on Settlements and Awards, and, along with Paul Michell, co-authors chapters on Confidentiality and Restraint of Trade.

Tom has for many years worked with Assurety Ltd, the leading provider of witness familiarisation training in the UK, helping factual witnesses and expert witnesses in high-stakes litigation to perform to their best.