Carol Davis

One of the UK's leading juniors in employment law, Carol's 'down to earth', easy attitude and deft ability to 'instil confidence in the trickiest of cases' and 'deal with complex legal issues in a commercial context' has seen her establish a broad commercial employment practice since she was called to the Bar in 1996. 

Described by market commentators as 'formidable in conference and in court', Carol has a broad employment practice and her particular areas of expertise include a wide range of discrimination claims, wrongful dismissal, restrictive covenant injunctions, internal disciplinary and grievances matters and director and senior employee issues. In the past year, Carol has acted for a number of merchant and investment banks, handling cases of harassment and discrimination, unfair and wrongful dismissal, bonus disputes and a whistle-blowing claim involving allegations of money laundering. She has also conducted a substantial internal grievance for a law firm. 

On top of thriving practices in commercial and employment law, Carol continues to develop an expertise in the field of professional negligence and she has advised and appeared on behalf of both claimants and defendants, particularly in the area of solicitors negligence. Carol's practice is also expanding into the areas of partnership and joint ventures and sports law and she is available to take instructions in these fields. Carol has also been instructed as counsel in 4 mediations over the last year. 

Carol has also co-authored numerous articles on aspects of employment law and has lectured on a number of topics including whistle blowing, discrimination law, disciplinary and grievance matters and she has conducted advocacy training workshops for the Employment Lawyers Association. Carol is always happy to tailor a lecture to fit your requirements. 

Areas of Practice

Carol's practice covers a wide range of advisory and court work. She appears regularly in Employment Tribunals across Britain and in the Employment Appeal Tribunal on multi-day cases and a full range of cases dealt with in this jurisdiction. She has also appeared in employment-related cases in the High Court and County Courts (both led and alone) in both interim hearings (often involving the seeking of injunctive relief to enforce restrictive covenants and the protection of confidential information) and at trial. In addition, Carol has advised on and conducted a number of internal disciplinary and grievance enquiries and hearings. Particular areas of specialism include:

• wrongful dismissal
• all manner of director and senior employee issues, including: bonus disputes; termination packages and breach of fiduciary duty and trust and confidence .
• restrictive covenants
• protection of confidential information
• unfair dismissal
• All types of sex, race and disability discrimination, including direct and indirect discrimination, harassment and victimisation
• Equal Pay
• TUPE
• Working Time Regulations
• maternity and parental rights

Recent cases have included:

Instructed together with Leading Counsel on a case involving allegations of sex discrimination and unfair dismissal brought by a female investment banker against a leading investment bank.

Instructed on a case involving allegations of sexual harassment and victimisation brought against the Home Office and a Commander of the Metropolitan Police Service.

Instructed on a case involving allegations of race discrimination and unfair dismissal brought by a PA announcer against a nationwide airport operator.

Instructed on a case involving allegations of disability discrimination and unfair dismissal brought by an investment banker against the London branch of an Italian (partly state owned) investment bank.

Equal Pay

Instructed on a case involving an equal pay claim brought by a senior manager of an international telecommunications company.

Instructed on a case involving allegations of money laundering brought against a senior employee of a leading investment bank.

Instructed on a case of wrongful dismissal and breach of contract arising out of the termination of the employment of the manager of Worksop Town Football Club.

Transfer of Undertakings

Instructed on a case of unfair dismissal brought by the Finance Director of a group of companies predominantly involved in broking and underwriting in connection with a Lloyd's Syndicate involving issues of TUPE, collective consultation and dishonesty.

Redundancy

Instructed on a case brought by Operations Supervisor of a medical assistance company arising out of his dismissal following a collective redundancy situation.

Unlawful Deduction from Wages

Instructed together with Leading Counsel on a number of consolidated cases brought by a number of ground staff against a publicly listed company operating the ground services at various airports within the United Kingdom.

Jurisdiction

Instructed on a case involving allegations of breach of contract brought by a senior manager against a multi-national financial institution involving issues of territorial jurisdiction.

Carol's practice is concerned with advising on and appearing in a wide range of business-related litigation in the Queen's Bench Divisions of the High Court and County Courts at both interim hearings (including injunctions) and at trial. Recent disputes have involved:

• sale of goods and other title disputes over goods;
• supply of goods and services;
• recovery of a loan made between cohabitees;
• building disputes;
• UCTA;
• Penalty clauses.

Recent cases have included:

Instructed with Leading Counsel on a case of wrongful dismissal brought by a Senior Manager against a publicly listed company operating in the process, pharmaceuticals and fine chemicals industry, and involving a counterclaim for damages for breach of contract (including breaches of restrictive covenants), misuse of confidential information and breach of copyright.

Breach of Contract

Instructed on a case for breach of contract arising out of the alleged non-payment of a discretionary bonus brought by a senior investment manager against the UK subsidiary of a large American financial institution.

Instructed together with Leading Counsel on a case for breach of contract and procurement of breach of contract brought by an international investment bank against a competing financial institution and a number of ex-employees.

Instructed together with Leading Counsel on a case for breach of contract (including breaches of restrictive covenants and misuse of confidential information brought by a major investment bank against a competing financial institution arising out of the departure of 3 senior investment bankers.

Sale of Goods

Instructed on a case brought by a manufacturer of paint and paint products against a manufacturer and retailers of conservatories including allegations of breach of contract for the sale and supply of goods and services.

Instructed together with Leading Counsel on a case in which injunctions were sought by an international brokerage house following the departure of a number of key employees.

Instructed together with Leading Counsel on a case in which injunctions were sought by a London subsidiary of a multi-national business providing tax refund services against a senior employee to restrain misuse of confidential information and to enforce post-termination restrictions.

Instructed on a case in which injunctions were sought by a company in the business of providing labour to the construction and facilities management industries against a Director for breach of fiduciary duty and misuse of confidential information.

Other areas of practice

Carol has an emerging practice in the field of professional negligence and has advised and appeared on behalf of both claimants and defendants, particularly in the area of solicitors negligence. Carol's practice is also expanding into the areas of partnership law and sports law and she is available to take instructions in these fields.

Mediation

Carol has been instructed as counsel in 4 mediations over the last year.

Publications and Lectures

Publications

• Co-author with Jeremy Lewis of the chapter 'Dismissal With or Without Notice' in Butterworth Tolley's Termination of Employment (loose-leaf);
• Author of chapter on 'Sickness and Sick Pay' in Butterworth Tolley's Employment Law (loose-leaf);
• Author of numerous articles on aspects of employment law for the following journals published by Croner publications:

• Employment Law Questions and Answers;
• Employer's Briefing;
• Industrial Relations Briefing 

Lectures

Carol has lectured on a variety of topics, including:

• Whistle blowing;
• Witness Statements and Statements of Case for Central Law Training;
• Unfair Dismissal
• Internal disciplinary and grievance procedures;
• Discrimination Law;
• Human Rights;
• Employment Tribunal Procedure.
• Age discrimination.

As well as these topics, Carol is happy to tailor a lecture to fit your requirements - for further information contact her clerk

Appointments & Qualifications

Education

• Inns of Court School of Law, Bar Vocational Course - Very Competent
• Awarded Diplock Scholarship from Middle Temple;
• College of Law, London, CPE - Commendation;
• University of Sussex, BA (Hons) English Literature.  

Professional Associations
 

• Employment Lawyers Association
• Employment Law Bar Association
• Combar
• Professional Negligence Bar Association  

Personal

Outside interests include travel, theatre, cinema, skiing and tennis.