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David Campion

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Education

  • LL.B. (Hons)
  • LL.M. (Distinction)
  • BVC (Very Competent)

Memberships

  • Employment Lawyers Association
  • Personal Injuries Bar Association

Areas of Work

  • Civil Litigation
  • Clinical Negligence
  • Employment
  • Industrial Disease
Employment law and discrimination

David has a comprehensive knowledge of employment law and procedure.  His practice covers a broad spectrum of employment matters including discrimination, unfair dismissal, whistleblowing, equal pay, trade union disputes, contractual disputes, restrictive covenants, TUPE, multiple/high value claims, applications to the pensions ombudsman and professional negligence of employment lawyers.  David appears at a wide range of hearings including complex multi-day hearings.  He is also able to provide direction and informal or formal advice in respect of case strategy and preparation.  David appears before the Employment Appeal Tribunal and regularly advises on the prospects of appealing Employment Tribunal Decisions.  In March 2014 David was awarded the degree of Masters of Law in Employment Law with Distinction from the University of Leicester.

David is experienced in dealing with discrimination claims arising out of a wide range of protected characteristics, including, sex, race, disability, sexual orientation, pregnancy and maternity, age and religion and belief.  David has particular expertise in representing claimants with mental or physical impairments in claims for disability discrimination.

David is a contributor to Daniel Barnett's employment law email bulletins and writes his own blog relating to developments in employment law "The Friendly Employment Lawyer".

 

Notable cases include:

  • The Reverend Sharpe v The Bishop of Worcester [2015] IRLR 663 (CA) - Important decision on the employment status of Church of England clergy and Ministers of Religion generally.
  • Housing Maintenance Solutions Ltd v McAteer and others [2015] ICR 87 EAT - Key authority as to the date of a TUPE transfer.
  • McAteer and others v Housing Maintenance Solutions Ltd (May 2013) - David appeared against leading Counsel and successfully represented around 200 Claimants, from three trade Unions, during a three day hearing at which it was determined that TUPE applied to the transfer of a building and maintenance contract.
  • Mee and others v Knowsley Borough Council (Feb 2013) - David represented around 145 Claimants at a Genuine Material Factor Equal Pay hearing.  After a number of days of hearing and following evidence from several of the Council's witnesses the Council conceded and withdrew their GMF defences.
  • Mrs S Cooksey and others v Trafford Borough Council [2012] EqLR 744 (EAT) - David successfully defended an appeal against the Employment Tribunal's decision to reject the Council's genuine material factor defences.  David also successfully represented a Claimant who appealed on the basis that the Tribunal had erred in law when considering disparate adverse impact.
  • Ashford v Rossendale Transport Limited (2011) - David successfully represented a Claimant in a claim for unfair dismissal, indirect sex discrimination and a failure to provide a written contract who was awarded compensation of £36,000  news coverage (prior to pupillage)
  • Vision Security Group Ltd v Mr L Goodyear [2011] All ER (D) 68 (Mar) (EAT) - David successfully defended and appeal against an Employment Tribunal's decision to decline to make a Polkey deduction from an employee's unfair dismissal compensation judgment (prior to pupillage)
  • Smyth and Others v Trafford Borough Council (2011) - David successfully represented a large number of union members during a two month Genuine Material Factor Pre-Hearing relating to equal pay proceedings  news coverage (prior to pupillage)
  • Davies v Remploy Ltd (2010) - David successfully represented a Claimant in a disability harassment claim for being referred to as "Ironside", without his knowledge, due to using a wheelchair.  £6,000 was awarded for injury to feelings  news coverage (prior to pupillage)
Professional Regulatory Proceedings

David accepts instructions in a wide range of professional regulatory/fitness to practise proceedings including those before the Health and Care Professions Council (HCPC), the Nursing and Midwifery Council (NMC), the General Dental Council (GDC) and the General Medical Council (GMC).

Personal Injury

David is instructed frequently in a wide range of personal injury matters, including industrial disease (e.g. noise induced hearing loss, occupational asthma, asbestos related claims/mesothelioma, WRULD and stress at work), fatal accidents, product liability and employer's and occupier's liability.

Medical Negligence

David is instructed in medical negligence matters involving both the NHS and private bodies including misdiagnosis/delayed diagnosis, failure to obtain consent and incorrect treatment/negligent surgery claims.

David's experience covers areas such as knee and hip replacement surgery, misdiagnosis of cancer, hospital acquired infection, psychiatric treatment, inflammatory bowel disease, obstetrics and gynaecology, alternative practitioners, cosmetic treatment, dental surgery and pharmaceutical and medical product liability.

General Civil Litigation

David is instructed in a wide range of civil matters, including commercial disputes, professional negligence, contract claims and consumer disputes.

Civil Actions Against the Police

David is instructed in a range of police misconduct cases, including false imprisonment and malicious prosecutions.

Articles and media comment
  • 5.12.14 - Employment Status (Pimlico Plumbers v Smith) - Daniel Barnett Employment Law Blog
  • 23.7.14 - Injunctions and Disciplinary Proceedings - Daniel Barnett Employment Law Blog
  • 22.7.13 - PI Claim for Manner of Dismissal/Johnson Exclusion Zone - Daniel Barnett Employment Law Blog
  • 18.6.13 - Manslaughter by gross negligence in a medical context - Lexis Nexis Current Awareness
  • 16.10.12 - High Court adjourns case for employment tribunal to hear allegations of sexual assault - Daniel Barnett Employment Law Blog
  • 23.4.12 - Costs (Doyle v North West London NHS Hospitals Trust) - Daniel Barnett Employment Law Blog
  • 27.1.12 - Vicarious Liability in Police Force - Daniel Barnett Employment Law Blog
General Profile

Following being called to the Bar in 2004,  prior to undertaking pupillage David worked as an in-house advocate and solicitor and provided advocacy including before the Employment Tribunal and Employment Appeal Tribunal

DC

Year of call: 2004

Inn: Inner Temple

Area: Civil Litigation
Clinical Negligence
Employment
Industrial Disease

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