Charlene Ashiru

Charlene has extensive experience of all aspects of statutory and contractual employment law. She has been instructed by both claimants and respondents at all stages of proceedings, including successful appearances in the EAT, and is regularly sought out for complex, multi-day unfair dismissal, discrimination, whistleblowing and/or TUPE cases.  She also regularly advises on collective redundancy situations and TUPE.

Notable EAT cases include:

• Ferguson and others v Astrea Asset Management Ltd [2020] IRLR 577: acting for the appellants in this complicated TUPE case concerning variations of contract and compensation for failure to inform and consult (led by David Reade KC);
• MJ Quinn Integrated Services Ltd v JonesUKEAT/0301/16/JOJ: acting for the appellant in this appeal concerning the hot topic of employment status (led by Daniel Tatton-Brown KC);
• Mustafa and Others v Trek Highway Services and Others [2016] IRLR 326: acting for one of the alleged transferees in this legally and factually complicated TUPE case regarding the interpretation and application of the transfer of an undertaking and service provision change provisions;
• Little v Richmond Pharmacology Ltd UKEAT/0490/12/LA: Charlene acted for the Respondent at first instance and on appeal (latterly led by Chris Quinn) in successfully opposing a claim of alleged indirect sex discrimination in relation to an application for flexible working;
• Iteshi v Office of Water Services UKEAT/0178/11/DM: Charlene opposed the appeal and obtained costs against the Appellant in this case concerning alleged race discrimination in an employment recruitment process.

Examples of recent ET cases include:

• acting for senior individuals in respect of claims of equal pay, sex discrimination, pregnancy/maternity discrimination, disability discrimination, victimisation and/or whistleblowing;
• representing companies in respect of equal pay and/or sex discrimination claims;
• successfully defending numerous, complex and knotty claims of pregnancy and sex discrimination and constructive unfair dismissal for a leading outdoor clothing & equipment company;
• acting for the Claimant against a chartered professional body in relation to claims of whistleblowing, sex discrimination (against a man) and unfair dismissal;
• acting for the Claimant against a global financial information and services company in relation to claims of direct and indirect sex discrimination, pregnancy and maternity discrimination, breach of the maternity equality clause, less favourable treatment on the ground of part-time status and unfair dismissal;
• acting for a battery technology company in relation to claims brought by its former Chief Technology Officer for health and safety whistleblowing, race discrimination and unfair dismissal, with underlying issues relating to shares and share options.

Charlene is regularly instructed to conduct workplace investigations in both the private and public sector, and has extensive experience acting as an independent investigating officer in relation to the same.  These often involve sensitive and complex grievances, disciplinaries and/or whistleblowing concerns, and may include a complicated web of allegations.

Charlene also has extensive experience of conducting more general culture reviews of organisations from a systems and behaviours perspective, especially in relation to bullying, harassment and discrimination.  She has previously worked alongside culture experts in relation to such reviews to identify any issues within the workplace and how they can be rectified.

Recent work in this area includes:

• the Culture Review of the South Wales Fire and Rescue Service (with Charlene being the only Employment Barrister on the team), which was reported on publicly and commented upon widely by the media;
• confidential, multi-faceted grievance investigation and culture review of a private organisation in the financial services sector;
• allegations of sex discrimination and sexual harassment in a corporate environment;
• delicate whistleblowing investigation concerning allegations of, inter alia, disability discrimination;
• assisting with a disciplinary investigation for a private sports club.

Charlene’s practice has a particular focus on the full range of business protection issues, including breach of confidence, post- termination restrictive covenants, team moves and fiduciary duties, acting for and advising both the gamekeeper or the ex- employee/poacher alike.

Examples of her work in this area include:

• advising the gamekeeper in relation to and preparing for injunctive proceedings, including devising the best strategic approach;
• drafting correspondence and proposed undertakings on behalf of the gamekeeper and advising in respect of the same;
• acting for the gamekeeper in claims of unlawful means conspiracy, inducing breach of contract, breach of implied term of good faith and fidelity and breach of post-termination restrictive covenants;
• drafting the Defence and preparing for trial in respect of ex-employees accused of misuse of confidential information and/or breaching restrictive covenants;
• advising ex-employees in respect of the enforceability of restrictive covenants; advising ex-employees in respect of undertakings.
• acting for the Claimant in High Court proceedings for breach of fiduciary duties, breach of post-termination restrictive covenants and dishonest assistance (led by Selwyn Bloch KC and Adam Solomon).

Charlene’s commercial litigation practice covers a broad spectrum of commercial law and procedure, including international disputes involving conflict of laws, commercial  contract, company  and  partnership  law, directors’  and  fiduciary duties and commercial agency, as well as disputes involving confidential information and intellectual property. She is adept at getting to grips with complex facts quickly and finding the approach that best fits the client’s commercial interests, both legally and tactically.

Charlene is regularly instructed in matters in the High Court and County Courts, as well as in relation to general advisory work and large-scale disclosure exercises involving issues of privilege.

Examples of her work in this area include:

• acting for the Defendant in a High Court trial concerning a claimed put option in respect of shares in a Latvian company (led by Rupert D’Cruz);
• acting for two property development companies in related proceedings in opposing applications for security for costs; advising a modelling agency in respect of copyright issues and misuse of confidential information;
• conducting a disclosure exercise and opposing a further Third Party Disclosure order in relation to a case concerning fiduciary duties and maturing business opportunities;
• advising a shareholder in respect of the validity and enforceability of a Shareholders’ Agreement and construction of its clauses;
• defending High Court claims of breach of copyright and misuse of confidential information;
• acting for the Claimant in High Court proceedings for breach of fiduciary duties, breach of post-termination restrictive covenants and dishonest assistance (led by Selwyn Bloch KC and Adam Solomon).

Charlene has a keen interest in international and domestic arbitrations and ADR. As a commercial litigator with an abundance of advocacy experience, Charlene is well placed to represent clients in all forms of arbitration and dispute resolution. Charlene is a CEDR trained mediator and Workplace Mediator.

Examples of her recent work in this area include:

• acting for the Respondent in an LCIA arbitration regarding the sale and purchase of a uranium mine in Mongolia (led by Rupert D’Cruz);
• acting for the Respondent in an ad hoc arbitration regarding the exclusive distributorship of medical equipment (;ed by Rupert D’Cruz).

Charlene has also gained invaluable experience of all stages of arbitration, both procedurally and substantively, whilst sitting as Arbitral Secretary to Lord Hacking, Charles Samek KC and Michael Collett KC on an LCIA arbitration concerning a cross- border commodities dispute.

Charlene welcomes instructions in all arbitral matters and ADR, whether as sole Counsel or as part of a wider legal team, or as Arbitral Secretary.

Charlene is a CEDR accredited mediator and workplace mediator and accepts instructions in all types of commercial and employment mediations.

Please contact the Clerks for further details.

Education

• First Class BA (Jurisprudence), Oxford University
• LL.M, University of Toronto
• Bar Vocational Course, ICSL

Awards

• Harold G Fox Scholarship, Middle Temple
• Astbury Award, BVC Major Scholarship, Middle Temple
• Littleton Chambers Prize for the best performance in the Labour Law FHS paper
• Quarrell-Read Prize, Exeter College, Oxford

Charlene also gives seminars, talks and training in relation to her core practice areas listed above. Topics include:

• Establishing Jurisdiction – Brussels (recast) and the Common Law Update on Remedies in Commercial Law
• Team Moves – Threats, Opportunities and Pitfalls
• Springboard Relief
• The Frontiers of Discrimination

• Associate Member of the Chartered Institute of Arbitrators (ACIArb)
• Commercial Bar Association (COMBAR)
• London Common Law and Commercial Bar Association (LCLCBA)
• Employment Law Bar Association (ELBA)
• Employment Lawyers Association (ELA)
• Industrial Law Society (ILS)
• CEDR accredited mediator
• Workplace Mediator