David Stephenson

Barrister 2005

David is recommended by Chambers and Partners and Legal 500 as a leading junior in employment. He practises principally in the fields of equality and discrimination law, public law and human rights.

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Education

  • LL.B (Hons) – University of London
  • LL.M Employment – Law University of Middlesex

BVC – Inns of Court School of Law (Very Competent)

Appointments

EHRC panel of preferred counsel, February 2015;

Specialist advisor to discrimination case workers funded by EHRC, September 2011;

Executive Committee of the Discrimination Law Association, February 2011- February 2016;

EHRC panel of preferred counsel, October 2010.

Employment & discrimination

David has developed a broad practice covering all aspects of discrimination in the employment and non-employment fields. His employment tribunal practice covers all types of discrimination including equal pay and maternity rights. He is regularly instructed in various aspects of employment litigation including whistle blowing claims, TUPE transfers, constructive/unfair dismissal and redundancy.


Recent cases

More recently, David acted for the successful claimants in Shields v Chief Constable of Surrey Police (disability discrimination concerning the removal of a firearms license from a police marksman) and Burden v Chief Constable of Hampshire Constabulary (indirect sex discrimination concerning the recruitment and posting criteria applied to the claimant).

  • Pimlico Plumbers v Smith UKEAT/0495/14 – employee status;
  • Adegbole v Marks & Spencer Plc (2013 – unreported);
  • Lalil Singh v Spirita Housing [2012] Eq.L.R. 560 C/A;
  • Piretti v London Borough Enfield [2010] EWCA Civ 1104 – concerning the application of the equality duties contained in section 49A Disability Discrimination Act 1995 to individual decisions made by local housing authorities under Part VII of the Housing Act 1996;
  • Ellijah-Jacobs v South West London & St Georges Mental Health Trust UKEAT/0379/14 – reasonableness of investigation;
  • Ukey v Ministry of Defence UKEAT/0225/14 – race discrimination and burden of proof;
  • Odu-Obi v Interserve FM Ltd UKEAT/0206/13 – victimisation, issue estoppel and abuse of process;
  • Alam v London Probation Trust UKEAT/0016/12 – race discrimination and continuing act;
  • Edwards v London Borough of Sutton UKEAT/0111/12 – new claim by way of amendment;
  • Durrani v London Borough Ealing UKEAT/0454/12 – race discrimination and victimisation/protected act;
  • Chatwal v Wandsworth Borough Council EqLR [2011] 939 EAT – group disadvantage in indirect discrimination;
  • Mahood v Irish Centre Housing Ltd EqLR [2011] 586 EAT – employer’s liability for harassment by an agency worker;
  • Martin v Devonshire Solicitors  [2011] I.C.R. 352 EAT – victimisation when features of a protected act can be genuinely and properly severable;
  • Simpson v Endsleigh Insurance Services  [2011] I.C.R. 75 EAT – meaning of Regulation 10 (3) MPLR 1999.
     

Pro bono

Since joining chambers, David set up and co-ordinates the 1MCB General Employment Pro-Bono Scheme providing support and representation to many law centres and voluntary organisations in employment tribunal hearings. David is an active member of the Employment Law Appeal Advisory Service and frequently acts for appellants.

Memberships

Interests

David is a connoisseur of football who enjoys travelling, cycling and having fun.