- LL.B. (Hons)
- LL.M. (Distinction)
- BVC (Very Competent)
- Employment Lawyers Association
- Personal Injuries Bar Association
Areas of Work
- Civil Litigation
- Clinical Negligence
- Industrial Disease
David is rated by Legal 500 as a Leading Junior in Employment on the Northern Circuit. David's practice covers a broad spectrum of employment matters including discrimination, unfair dismissal, whistleblowing, equal pay, trade union disputes, contractual disputes, restrictive covenants, TUPE and professional negligence of employment lawyers. David has a comprehensive knowledge of employment law and procedure and particular expertise in disputes involving claims for personal injury arising from alleged discrimination and harassment.
David appears at a wide range of hearings on behalf of claimants and respondents, including complex multi-day Employment Tribunal hearings, appeals before the Employment Appeal Tribunal and in High Court proceedings.
In March 2014 David was awarded a Masters' degree in Employment Law with Distinction from the University of Leicester. David is a contributor to Daniel Barnett's employment law email bulletins.
Notable cases include:
- Houston v Stockport NHS Foundation Trust(November 2016 and October 2017) - Successful claim for disability discrimination as a result of the withdrawal of a job offer to a specialist nurse on the basis of a health assessment and the employer's view that the claimant's disability restricted her ability to carry out the role. Sum of £50,000 agreed in settlement by consent.
- Wilson-Grice v The Department of Work and Pensions(June 2016) - Successful claim for unfair dismissal and disability discrimination as a result of the employer's decision to attempt to relocate the claimant to an office further away from her home. It was successfully contended that as a result of the claimant's eczema she was put at a disadvantage including as travel to work was a significant factor in her eczema flaring up. The ET concluded that the Respondent should have done more to find the claimant a place at a nearer office.
- The Reverend Sharpe v The Bishop of Worcester ICR 1241 (CA) - Seminal decision on the employment status of Church of England clergy and Ministers of Religion generally.
- Housing Maintenance Solutions Ltd v McAteer and others ICR 87 (EAT) - Key authority as to the date of a TUPE transfer.
- Mee and others v Knowsley Borough Council(Feb 2013) - Equal Pay - David represented around 145 claimants at a Genuine Material Factor 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 EqLR 744 (EAT) - Equal Pay - David appearing against leading Counsel, successfully defended an appeal against the rejection of the Council's genuine material factor defences and 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.
- Vision Security Group Ltd v Mr L Goodyear All ER (D) 68 (Mar) (EAT) - David successfully defended an appeal against an Employment Tribunal's decision to decline to make a Polkey deduction from an employee's unfair dismissal compensation.
- Smyth and Others v Trafford Borough Council(2011) - Equal Pay - David successfully represented a large number of union members during a two-month Genuine Material Factor Pre-Hearing.
- 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.
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).
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.
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.
David is instructed in a wide range of civil matters, including commercial disputes, professional negligence, contract claims and consumer disputes.
David is instructed in a range of police misconduct cases, including false imprisonment and malicious prosecutions.
- 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
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