Tom Emslie-Smith

Tom Emslie-Smith

  • Called in 2016


Tom has a keen interest in employment law. With a core focus on unfair dismissal and discrimination, he advises and appears before the Employment Tribunal in disputes involving:

  • Constructive dismissal
  • Redundancy
  • TUPE
  • Unlawful deduction of wages
  • Overnight workers and national minimum wage
  • Psychiatric harm

Examples of Tom’s recent cases include:

  • A reasonable adjustments case concerning a performance management process drawn out over several years due to the Claimant’s medical condition that arose from the requirements of the job;
  • A race discrimination and whistleblowing claim involving protected disclosures about the management of public funds;
  • A constructive dismissal case following a refusal to allow time off for jury service;
  • A Covid-related unfair dismissal at a perfume store (receiving press-coverage)
  • A claim by “sleep-in” overnight workers under national minimum wage legislation complicated by a TUPE transfer.

Tom is willing to take instructions for both claimants and respondents in interim and final hearings.

Tom’s experience with disciplinary investigations, in both the employment and professional regulation contexts, give him an ideal skill set to conduct internal disciplinary investigations. He is able to conduct a thorough investigation in a manner that is sensitive and procedurally fair.

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If you would like to instruct Tom Emslie-Smith or would like help or advice in doing so, please call and talk to our excellent clerking team, led by Chief Executive/Director of Clerking, Paul Cray. Our phone number is +44 (0)20 7583 9241. Alternatively, please email us at

For more information about our clerking team, please click here for the clerks page.

Appointments & Memberships

Personal Injury Bar Association

Employment Lawyers Association

Bar Pro Bono Unit Volunteer Panel

Lincoln’s Inn

Education & Qualifications

Bar Professional Training Course, University of Law, Outstanding (2016)

Graduate Diploma in Law, Kaplan Law School, Commendation (2014)

MA (Hons) International Relations, University of St Andrews, 1st Class (2013)


Medical Protection Society Prize for Personal Injury and Clinical Negligence, University of Law (2016)

Buchanan Prize for BPTC Performance, University of Law (2016)

Advocacy Scholarship, University of Law (2016)

Lord Denning Scholarship, Lincoln’s Inn (2014)

Hardwicke Entrance Scholarship, Lincoln’s Inn (2013)

Dean’s List for Academic Excellence, University of St Andrews (2012 & 2013)

Personal Interests

Tom enjoys playing the guitar and has performed in a band in live music venues across London. He also enjoys playing and watching football, rugby, running and just about any other sport going.