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CAROL DAVIS

 

Carol is recognised as a leading junior in employment litigation by both Chambers & Partners and Legal 500. With a strong practice covering every area of employment law, she has developed particular expertise in discrimination law, regulatory work with an emphasis on healthcare and financial services and professional negligence. Praised by clients for her skill in managing high complexity cases, Carol has been described as "dedicated and tenacious” and "formidable in conference and in court”.

Carol specialises in highly confidential and sensitive matters. Operating with the utmost discretion to protect the commercial reputation of her clients, she is highly sought after by major UK and multinational corporations, banking institutions, and public authorities for internal investigations and large-scale discrimination and whistleblowing cases. She is routinely instructed by magic circle law firms on the basis of her deft ability "to instil confidence in the trickiest of cases” and "to grasp the detail of a case without losing sight of the bigger picture”.

Appearing in the High Court and the Employment Tribunal both in interim hearings and at trial, Carol is "particularly good in handling witnesses”and is noted for her ability to provide a "punchy and probing” cross-examination. Combining thorough preparation and attention to detail with a "commercial, costs-sensitive approach”, Carol is "very client friendly and extremely hardworking” and she is valued by solicitors and clients alike for her hands-on style, her "practical and straightforward” advice, and her gift for getting straight to the heart of the matter. 
 

    Discrimination

Carol is particularly sought after for her careful attention to detail, probing cross-examinations and clear analysis of the law.

 Recent work includes:

  • Defending a global law firm and one of its equity partners in a 5-week case of direct race discrimination and victimisation brought by an Associate.
  • Defending a global banking and financial services company and one of its Managing Directors against a claim for pregnancy and maternity discrimination, sex discrimination, harassment and unfair dismissal.
  • Defending claims of direct disability discrimination and a failure to make reasonable adjustments brought by a senior teacher at a leading independent girls’ day school.
  • Advising and representing the Head of a Trading Desk at one of the leading investment banks in a claim for race discrimination.
  • Advising and representing a long-serving branch employee of a high street bank in a claim for direct disability discrimination, discrimination arising from disability, failure to make reasonable adjustment, harassment and victimisation following the termination of her employment during a period of long-term sickness absence.
  • Defending a multi-national research-based pharmaceutical company in claims of direct disability discrimination, failure to make reasonable adjustments and breach of parental leave regulations brought by a senior sales representative.

    Commercial Employment

Carol has considerable experience acting for and against large financial institutions, national and multinational businesses, publicly listed companies and governmental bodies on a wide range of employment litigation. A significant amount of her work involves, in particular, director and senior employee issues. Her principal areas of work include claims during the currency and termination of employment, wrongful dismissal and other breaches of contract, breaches of fiduciary duty and bonus entitlements.

Recent work in the High Court includes:

  • Defending claims brought by a UK principal of an international Management Consultancy for unlawful termination and non-payment of bonus. Following a 7-day case in the High Court, the claims were dismissed in their entirety.
  • Acting for a Chief Executive of a former NHS Trust in a substantial wrongful dismissal claim.

She is also regularly instructed to advise on, and appear in, interim applications to enforce restrictive covenants and to protect confidential information, and is thus fully aware of the legal, practical and tactical issues that arise in such cases. She provides a thorough, commercial and smart approach.

    Employment Other

Carol undertakes a wide range of statutory claims.

Notable recent employment tribunal cases include:

  • Representing the Claimant in a substantial whistleblowing claim. The case included a knotty issue concerning territorial jurisdiction. The Claimant was a British national, employed by a UK registered company, but working in Saudi Arabia on a national defence contract with the Saudi Arabian Armed Guard.
  • Defending a global investment bank in relation to a complex whistleblowing claim brought by a senior member of the UK equities division.
  • Defending complex claims brought under the Working Time regulations and National Minimum Wages Act concerning the meaning of ‘on-call’ work in the case of a resident housekeeper.
  • Defending an international Recruitment Consultancy in claims of whistleblowing and unfair dismissal brought by a senior executive. The Claimant withdrew her case following cross-examination and Carol secured a substantial costs award for the whole cost of the proceedings.
  • Defending a national Management Consultancy in the healthcare sector against a claim for unfair redundancy.
  • Defending a national charity in a preliminary hearing to consider the question of territorial jurisdiction in the case of an employee who lived in Australia during the course of her employment, working remotely into the London office.

    Discipinary and Regulatory

Carol is Joint Head of Littleton’s Disciplinary and Regulatory Group and Editor of the Group’s quarterly bulletin.

She regularly advises and appears at internal grievance and disciplinary panels in both the private and the public sector. She has also acted as an independent investigating officer and has experience of investigating diverse grievance and disciplinary matters, often involving detailed allegations and numerous witnesses. In this work, Carol has been instructed by a wide range of medical professionals and organisations, including medical defence unions, law firms, academic institutions, charities and private companies across various industries.

Carol has also been involved in a number of cases before professional regulatory panels. She has advised and defended a wide range of professionals facing investigation or disciplinary action by their regulators. She has dealt with a wide variety of cases, ranging from registration issues to allegations of serious misconduct and has experience of all stages of the process, including interim orders, appeals and restorations.

Recent work includes:

  • Representing a consultant-level medical professional against charges of serious professional misconduct and allegations of poor clinical performance.
  • Advising the Board of Governors of a leading private girls’ day school in relation to a disciplinary investigation into alleged financial mismanagement by a senior member of the administrative staff.
  • Instructed by a leading national law firm to act as an independent investigating officer in relation to a complaint brought by a senior Associate of sexual harassment and discrimination.
  • Representing a social worker accused of sexually harassing a number of female co-workers.

    Professional Negligence

Carol’s in-depth employment expertise has resulted in her being instructed, both for and against law firms, on cases of negligence involving employment litigation and other employment law issues. Over the years, she has acted in cases involving a variety of professionals, including dentists, travel agents, accountants and builders. She is particularly sought after for her precise drafting, ability to absorb large amounts of material and her clear, commercial advice.

Recent work includes:

  • Defending a law firm following the dismissal of a whistleblowing claim in the employment tribunal.
  • Defending a surveyor sued by a disgruntled house purchaser following the discovery of asbestos in the roof cavity of her new house.

    Lectures, Publications & Professional Affiliations

Publications and Talks

  • Chapter on ‘Dismissal with or without Notice’, co-authored with Jeremy Lewis for Butterworth Tolley’s loose-leaf ‘Termination of Employment’ series
  • 'Termination of Employment', co-authored with John Bowers QC (Wildy, Simmonds and Hill)

Recent lectures given by Carol have included the following:

  • Disciplining Doctors: Internal Investigations and Injunctive Relief
  • Workplace Surveillance
  • An Employment Law Overview
  • Constructive Dismissal: Recent Case Law and Trends

Memberships

  • COMBAR
  • Employment law Bar Association
  • Employment lawyers Association
  • Association of Regulatory & Disciplinary lawyers
  • The Professional Negligence Bar Association

Education and Awards

  • English Literature BA (Hons), Sussex University 2:1
  • Graduate Diploma in Law (GDL), The College of Law, Commendation
  • BVC, Inns of Court School of Law, Very Competent
  • Diplock Scholar of Middle Temple
Call:      1996
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