“has developed a niche specialism in TUPE issues arising from the demerging of limited liability partnerships and the conversion of local authorities to unitary authorities. A part-time employment judge, he is praised for his ‘ability to assimilate the salient issues of a case in an instant’."  Chambers & Partners 2010

David is head of Henderson Chambers’ Employment Group. With a background in commerce and industry he has both practical and legal experience of employment matters. Since 2002 he has sat part time as an Employment Judge and is an accredited mediator for the alternative resolution of employment and related disputes. He has chaired a number of external bodies including a University Academic Appeals Panel.

He principally acts for employers in both contentious & in non – contentious matters. This work included advising commercial, industrial, local authority and professional clients on restructuring the workforce, redundancy, short-time working, “across the board” variations to salary and contractual benefits, and on TUPE transfers. In the past year his litigation work has included successfully representing an overseas bank in ‘whistle blowing’ litigation brought by a former director of the bank, resisting and prosecuting in actions seeking Injunctive Relief, advising and appearing in discrimination claims including allegations of serious sexual assault. He is frequently instructed by overseas clients, often involving cross border considerations, advises and negotiates Board level “exit packages”, and has considerable expertise and practical experience in employment related injunctions.  

Representative Cases

• Clarke v. NIBC Bank 2010: Director dismissed for some other substantial reason – his claims that true reason for dismissal "whistleblowing" disclosures dismissed.
• Onwuka v. Spheron (3) (EAT December 2007) Claimant’s Appeal on grounds of perversity, Tribunal finding Claimant did not TUPE Transfer. Whether TUPE Regulations engaged, weight to be placed on 'key' documents, meaning of economic entity & employee’s assignment to same.
• Onwuka v. Spheron (2) (EAT April 2007) The extent and relevance of the two step ‘Igen’ analysis in determining whether adverse treatment racially motivated.  
• Astbury v. Gist and Pertemps (2005): On referral back to the Tribunal from EAT - whether necessary or appropriate to join an employment agency in order for Tribunal to examine tri partite employment arrangement as identified by the EAT.   
• Glidepath BVI v. J Thompson (High Ct April 2005 and on appeal): Intervenors’ action for disclosure of court file for related employment action, jurisdiction in issue, limit of confidentiality within arbitration proceedings.   
• Onwuka v. Spheron and Others (2004 EAT) Powers of a Tribunal to review interlocutory judgments and orders under Rule 10 of the 2004 Regulations)
• Lake v. Larco Ltd (EAT November 2004): ‘Calderbank’ offer made by employer for each side to walk away, based on "overwhelming" documentary evidence against employee, made before exchange of witness statements and rejected by employee -- whether Tribunal right to award Respondent’s full costs against employee for unreasonably rejecting offers
• Olatokun v. Ikon (EAT May 2004): Race discrimination -- whether employer’s insistence that employee produce her passport or be dismissed was discriminatory act.  
• Steen v. Ikon (EAT February 2003): Whether direct written reference to a revised Commission Pay Plan constituted adequate notice of unilateral variation of contractual terms and conditions 
• Simon v. Pertemps (EAT May 2003): Relevant considerations when awarding costs in Employment Tribunal - effect of ‘Calderbank’ offer in Tribunal proceedings.
• Elliott v. Pertemps (EAT 2003): Whether impairment condition should relate to cause or effect where initial injury not, in itself, falling with Section 1 of the DDA     
• Clarke v. Crown Prosecution Service (EAT 2002): Direct Sex Discrimination case against the CPS by Crown Prosecutor allegedly denied promotion by reason of gender -  whether the words "Mad Mary" discriminatory in themselves
  
• Pertemps v. Moore (High Court 2002): Injunctive Relief - whether restrictive covenants extended to pre-existing Clients of employee director
  

“Takes a commercial view and is good at finding Solutions to apparently impenetrable problems” Chambers & Partners 2008

With a background in commerce and industry David has considerable practical and practitioner experience of contract and commercial law. An accredited Mediator his commercial practice predominantly involves advising industrial, commercial, & professional clients on contractual matters, whether non-contentious or destined for litigation, arbitration or mediation. Frequently instructed by overseas clients he has considerable expertise & practical experience in injunctions, particularly those involving commercially sensitive and confidential information requiring urgent interlocutory relief.  

• Mes – Dea (Switzerland) V Frazer Nash (High Court June 2010): Supply of bespoke electric batteries – whether ‘outright sale’, on ‘sale or return’ or supplied on a ‘joint venture’ basis – construction of contractual clauses, liability for damage in transit, duty to mitigate.
  
• In the Matter of Fuji (London 2009): Mediation of substantial trade debt between parties with a continuing commercial relationship; Interpretation of ‘claw back’ and ‘percentage discount’ clauses in sole distributor Agreement; 
• Intournet & Dolce Vita  v. Marcou (High Court June 2000): Agreement for the sale of entire majority shareholding in UK company - whether enforceable or frustrated - whether repudiatory breach by purchaser & whether accepted by seller
• Cheverell Estates Ltd v. Harris (High Court Estates Gazette January 1998) Statutory interpretation of Landlord & Tenant (Covenants) Act 1995
• Robson v. Alnwick Borough Council (1997 High Court): Judicial Review of planning permission, meaning of notice
• Amarena v. Barling [1995] 69 P & CR 252 CA): Proper approach to the assessment of damages in the negligent exercise of put and call share options
• Taylor v. Newham Borough Council [1993] AER 649 CA): Right to Buy legislation, effect of statutory provision for injunctive relief, whether and in what circumstances is the relief available to the purchaser.
  

• Clarke v. NIBC Bank 2010: Director dismissed for some other substantial reason – his claims that true reason for dismissal "whistleblowing" disclosures dismissed.
• Mes – Dea (Switzerland) V Frazer Nash (High Court June 2010): Supply of bespoke electric batteries – whether ‘outright sale’, on ‘sale or return’ or supplied on a ‘joint venture’ basis – construction of contractual clauses, liability for damage in transit, duty to mitigate,
• In the Matter of Fuji (London 2009): Mediation of substantial trade debt; Interpretation of ‘claw back’ and ‘percentage discount’ clauses in sole distributor Agreement; 
• Onwuka v. Spheron (3) (EAT December 2007) Claimant’s Appeal on grounds of perversity, Tribunal finding Claimant did not TUPE Transfer. Whether TUPE Regulations engaged, weight to be placed on 'key' documents, meaning of economic entity & employee’s assignment to same.
• Onwuka v. Spheron (2) (EAT April 2007) The extent and relevance of the two step ‘Igen’ analysis in determining whether adverse treatment racially motivated.    
• Astbury v. Gist and Pertemps (2005): On referral back to the Tribunal from EAT - whether necessary or appropriate to join an employment agency in order for Tribunal to examine tri partite employment arrangement as identified by the EAT.                                                                                           
• Glidepath BVI v. J Thompson (High Ct April 2005 and on appeal): Intervenors’ action for disclosure of court file for related employment action, jurisdiction in issue, limit of confidentiality within arbitration proceedings.                                                             
• Onwuka v. Spheron and Others (2004 EAT) Powers of a Tribunal to review interlocutory judgments and orders under Rule 10 of the 2004 Regulations)
• Lake v. Larco Ltd (EAT November 2004): ‘Calderbank’ offer made by employer for each side to walk away, based on "overwhelming" documentary evidence against employee, made before exchange of witness statements and rejected by employee -- whether Tribunal right to award Respondent’s full costs against employee for unreasonably rejecting offers
• Olatokun v. Ikon (EAT May 2004): Race discrimination -- whether employer’s insistence that employee produce her passport or be dismissed was discriminatory act
• Steen v. Ikon (EAT February 2003): Whether direct written reference to a revised Commission Pay Plan constituted adequate notice of unilateral variation of contractual terms and conditions                                                        
• Simon v. Pertemps (EAT May 2003): Relevant considerations when awarding costs in Employment Tribunal - effect of ‘Calderbank’ offer in Tribunal proceedings.
• Elliott v. Pertemps (EAT 2003): Whether impairment condition should relate to cause or effect where initial injury not, in itself, falling with Section 1 of the DDA
• Clarke v. Crown Prosecution Service (EAT 2002): Direct Sex Discrimination case against the CPS by Crown Prosecutor allegedly denied promotion by reason of gender -  whether the words "Mad Mary" discriminatory in themselves
• Pertemps v. Moore (High Court 2002): Injunctive Relief - whether restrictive covenants extended to pre-existing Clients of employee director
• Intournet & Dolce Vita  v. Marcou (High Court June 2000): Agreement for the sale of entire majority shareholding in UK company - whether enforceable or frustrated - whether repudiatory breach by purchaser & whether accepted by seller
• Cheverell Estates Ltd v. Harris (High Court Estates Gazette January 1998) Statutory interpretation of Landlord & Tenant (Covenants) Act 1995
• Robson v. Alnwick Borough Council (1997 High Court): Judicial Review of planning permission, meaning of notice
• Amarena v. Barling [1995] 69 P & CR 252 CA): Proper approach to the assessment of damages in the negligent exercise of put and call share options
• Taylor v. Newham Borough Council [1993] AER 649 CA): Right to Buy legislation, effect of statutory provision for injunctive relief, whether and in what circumstances is the relief available to the purchaser