David Reade QC

David Reade is a leading employment and commercial law silk noted by clients for being 'Extremely approachable, intelligent, hard working and practical' and for his ability to cut 'right to the nub of an issue'. His practice, which covers the full remit of both employment and commercial litigation matters, has a particular focus on matters relating to restrictive covenants, industrial action and union recognition, discrimination and pension issues.

With over 20 years experience in the field of employment law, David's practise and has seen him advise major international and UK companies on issues as diverse as part-time pension discrimination claims, pension changes, share options schemes and directors service contracts. David has also advised on collective and transactional issues. He is a joint author of The Law of Industrial Action and Trade Union Recognition" (OUP) and is a contributor to Sweet and Maxwell's "The Law of Transfer of Undertakings".

Recent headline cases include UKCOAL Ltd v Num and BACM [2007] (EAT); Pennwell Publishing v Ornstein [2007] IRLR 700 (High Court) and TFI Derivatives Ltd v Morgan [2005] IRLR 246 (High Court)

On the commercial litigation side, David has a special interest in credit card related matters and numbers a raft of leading banks and card providers among his clients. Recently David successfully defended a leading clearing bank in connection with claims over the withdrawal of credit card facilities as well as acting in a big-ticket commercial arbitration involving a claim arising out of the deregulation of the gas industry. His broad commercial background particularly equips him to deal with disputes span both employment issues and wider commercial disputes such as minority shareholder, company and partnership disputes.

PROFESSIONAL EXPERIENCE

David practises across the complete spectrum of contentious and non contentious employment law. David frequently appears in applications for injunctive relief and in speedy trials. Those applications including claims based upon contractual terms and applications seeking "springboard" relief on basis of confidential information or breach of fiduciary duties.

In addition to his employment practise David additionally practises in Commercial Law. The wide background of his commercial experience particularly compliments his employment work as he has acted in S.459 Minority Share Holder Disputes, Business Sale Agreements disputes, Company Law and Director's Duty disputes and partnership disputes. He has a particular interest in issues arising from credit cards and has acted for and advised a number of leading Banks and card providers.

PRACTICE AREAS AND CASE LAW

• Pennwell Publishing v Ornstein [2007] IRLR 700 (High Court) A confidential information injunction concerning the ownership of databases and related human rights issues for journalistic freedom.
• TFI Derivatives Ltd v Morgan [2005] IRLR 246 (High Court)

RESTRICTIVE COVENANTS AND RESTRAINT ON COMPETITION

He has acted both for and against employees in team moves. In 2007 he represented the alleged leader of a 40 plus team move in the re insurance industry. The litigation included cross border issues and anti suit injunctions. David is familiar with dealing with conflict of laws issues in the enforcement of covenants.

COLLECTIVE AND INDIVIDUAL EMPLOYMENT LAW

• UKCOAL Ltd v NUM and BACM [2007] (EAT) Consultation on Collective Redundancy in connection with the closure of a coal mine
• Redrow Homes v Wright [2005] IRLR 720 (C.A) Status of workers under Working time regulations
• Roper v Solectron [2004] IRLR 4 (EAT) Group action for collective redundancy and Beckmann claims under TUPE
• Foley v Post Office [2000] IRLR 827 (CA) The range of reasonable responses test in unfair dismissal cases.

• Barton v Investec [2003] IRLR 332 (EAT) Burden of Proof in discrimination cases. A pivotal case in the development of UK discrimination Law
• Power v Panasonic [2003] IRLR 151 Disability discrimination psychiatric conditions and the definition of disability
• Rhys Harper v Relaxion [2003] IRLR 22 (Hofl) Post termination discrimination
• Harvest Time Circle Ltd v Rutherford [2001] IRLR 599 (EAT) Indirect discriminatory effect of the age limits under the Employment Rights Act and the impact of Community Law
• Dekeyser Ltd v Wilson [2001] IRLR 324 (EAT) One of the earliest cases on the impact of the Human Rights Act upon employment Law with particular relevance to medical evidence in disability discrimination cases

Not of all of his work is, by its' nature, reported. Recent cases have included acting for a nationally known businessman in connection with an unfair dismissal claim against his eponymous company, advising the board of a leading PLC on sensitive issues surrounding its CEO, advising a number of well known firms of solicitors on discrimination issues and on partnership questions.

He is has advised on and is conducting equal pay litigation both in the private sector and in connection with local authority pay issues.

He has extensive experience of litigating issues in the context of local government and the health sector

David has advised both employers and unions on collective issues including union recognition and strike action. He advised in the Gate Gourmet dispute. He has acted in injunction proceedings to restrain industrial action. As noted below he is one of the authors of the OUP work "The Law of Industrial Action and Trade Union Recognition"

PENSIONS LAW

In the Pensions field he acted in connection with the issues surrounding the closure and variation of pension schemes and has litigated pension claims. He has advised on pensions deeds and scheme rules Has had recently been advising various employers and employer's organisations on the issues facing them in connection with Age discrimination

COMMERCIAL

In addition to his employment practise David additionally practises in Commercial Law. The wide background of his commercial experience particularly compliments his employment work as he has acted in S.459 Minority Share Holder Disputes, Business Sale Agreements disputes, Company Law and Director's Duty disputes and partnership disputes.

David is therefore entirely comfortable in handling disputes which may have an employment element but extend into broader disputes. By way of example in 2007 he successfully defended a Company, and various shareholding family members, against claims in the Chancery Division which included claims for unpaid salary and attacks against family trusts by way of undue influence and or incapacity.

He has a particular interest in issues arising from credit cards and has acted for and advised a number of leading Banks and card providers.

Recent cases include ( it is in the nature of this litigation that much of it resolves without there being reported decisions and in circumstances where there is considerable sensitivity about the issues):

• Truman v Bank of Scotland [2005] C.C.L.R Four party credit card arrangements and third party processing
• Tuviyahu v American Express (CA 12th July 2000) (acting for Amex)Payment Cards and the application of the Consumer Credit Act

He has recently successfully defended a number of other banks in substantial claims and acted for a leading bank in connection with the insolvency of a major retailer and the transaction and charge back issues which arose from the insolvency. He has particular experience of credit card transactions over the internet and of the issues surrounding "third party processing".

His commercial work embraces a wide range of issues examples of his work include:

• Minter v Julius Baer [2005] Pensions promise and the construction of a pension deed
• Webb and Scarr v Silbury and Petroplas [2005] Breach of warranty and valuation of the sale of company
• Modelboard v Outer Box (In Liquidation) retention of title clauses and insolvent businesses
• Phelps v Spon-Smith [2000] BCLC Assignment of causes of action and professional negligence
• Lawson v Coombes [1999] Ch 373 constructive trusts

PUBLICATIONS & LECTURES

LECTURES AND TRAINING

In addition to his work he is a frequent lecturer on employment law. His has been a guest speaker on employment law topics at various conferences including the IBA Conference in Prague 2005.

He is one of the co authors of "The Law of Industrial Action and Trade Union Recognition" (2004) OUP

He is one of the contributors to "The Transfer of Undertakings" Sweet and Maxwell.