Having graduated with first class honours in PPE from the University of Oxford, Daniel was called to the Bar by Middle Temple in 1994. He has since specialised in all aspects of employment law. Described as a “clever all rounder” who is “admirably thorough and very dependable on his feet", Daniel is said to offer “carefully thought-out advice and no-nonsense advocacy”: he has for many years won accolades as one of the leading juniors in his field from the Legal 500, Chambers and Partners, and Legal Experts. He was once described, possibly misleadingly, as “a bit of a bruiser”. Daniel’s practice now principally consists of employee competition litigation, high value discrimination and whistleblowing claims, and High Court employment related contractual disputes. He is also regularly instructed, with notable success, on appeals to the EAT and – less frequently - the Court of Appeal. In the latter he appeared he appeared in the leading CA case on employment tribunal costs orders, having secured for his client a costs order in excess of £90,000 against the investment banker claimant.
Employee competition
Daniel is regularly instructed – both for anxious employers and departing employees - in cases involving restrictive covenants (in employment contracts and share sale agreements), garden leave, team moves, breach of fiduciary duties and misuse of confidential information. Most such cases settle before being reported, but Daniel acted for the employer in SG & R Valuation Service Co LLC v Boudrais and others [2008] IRLR 770, the leading High Court authority on garden leave injunctions in absence of a garden leave clause. His injunctive practice also extends to non employment disputes - e.g. the discharge of a world wide freezing order in JSC BTA Bank v Ablyazov and others - [2009] All ER (D) 160 (Nov).
Discrimination and whistleblowing
Daniel acts for employers and employees in high value discrimination claims. He has for instance recently been instructed by a leading City law firm to defend race and sex discrimination claims brought against it by a senior solicitor, and currently acts for a full equity partner in her claims for discrimination against another City firm of solicitors. He acted for the Respondent in J v DLA Piper LLP UK EAT/0263/09, an Equality and Human Rights Commission backed appeal before the EAT President which addressed important aspects of the definition of “disability” for the purposes of the Disability Discrimination Act 1995, in the context of depression. He also frequently appears in whistleblowing cases: his most recent cases were against British Telecom Plc (which resulted in a substantial six figure settlement following cross examination of the employer’s witnesses), and successfully defending claims after a multi week hearing brought by two would be whistleblowers against a major educational institution.
Employment related contractual disputes
Daniel is frequently instructed in employment related contractual disputes, typically concerning such matters as bonus claims, enhanced redundancy payments, PHI related claims, claims arising out of the implied duty of trust and confidence and shareholder disputes, often of high value. Examples of this work are Silvey v Pendragon [2001] IRLR 685, [2002] PLR 277 CA, which was a successful appeal in the CA on the assessment of damages for wrongful dismissal in the context of pension loss; and Marlow v East Thames Housing Group Ltd [2002] IRLR 798 a PHI claim in which the High Court considered the duty of an employer, as a facet of the implied duty of trust and confidence, to sue an insurance company which refuses to made PHI payments in respect of one of its employees. As well as substantive claims Daniel is highly experienced in employment related High Court applications – e.g. applications for pre-action disclosure under CPR Part 36.16.
Appellate work
Daniel is frequently instructed to appear in the EAT. He less frequently appears in the CA. He has a notable record of success in both courts. A more comprehensive list of his cases is set out on his C.V., but a selection of the cases he has appeared include:-
Adamson v Swansea University - [2010] All ER (D) 38 (May)– Daniel successfully defended an “appearance of bias” appeal brought by a claimant on the basis of allegations of irregular conduct on the part of (other!) counsel and the tribunal judge. Following cross examination before the EAT the appeal was dismissed with a substantial costs order made against the appellant.
Software 2000 Ltd Andrews [2007] ICR 825, [2007] IRLR 568 EAT. Elias J gave guidance, in what has become the most frequently cited authority on the correct approach to possible Polkey reductions, following a multi-claimant tribunal hearing.
McPherson v BNP Paribas [2004] IRLR 588. Probably the leading CA authority on costs orders by employment tribunals. Daniel acted for the employer who secured a costs order for £90k against the investment banker claimant.
Personal, Education and Memberships
Daniel was educated at Winchester College, Hampshire, and Oriel College, Oxford University. He graduated from the latter with first class honours in PPE. He then completed a post graduate diploma in law at City University before being called to the Bar at Middle Temple in 1994. He was awarded the Diplock Scholarship by Middle Temple.
Daniel is a member of the Employment Lawyers Association, for whose Briefing Newsletter he is an occasional contributor. He is also a member of the ELAAS scheme under which advocates appear pro-bono to assist litigants in person with apparently hopeless appeals in the EAT
Daniel lives with his wife, a consultant clinical geneticist, and their three children in South London, within striking distance of Tooting Bec Lido. Although he once cycled to Istanbul, he rarely now finds time to pedal further a field than Richmond Park, normally with a child in toe.
