Partner

Employment Law

Get in touch

For further advice please contact us for a consultation.

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UK Contact

+44 (0)3330 143 401 info@gunnercooke.com
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Germany Contact

+49 30 220 131-000 centralservices@gunnercooke.de

Partner

Employment Law

Expertise

David is an experienced employment lawyer with specific focus on employment-related issues with unusual legal and factual aspects to them.

He has over 20 years’ experience of all areas of contentious and non-contentious employment law including:

  • Representation in Employment Tribunals, County Court, High Court and the Central Arbitration Committee Tribunal in contentious matters.
  • Claims ranging from all types of discrimination, unfair dismissal, wrongful dismissal and whistleblowing, to those involving data protection, transnational and regulatory issues.
  • Advice on the enforcement of restrictive covenants and non-competition clauses.
  • Appeals to the upper Courts and Tribunals in Employment matters.
  • Day-to-day preventative HR employment advice.
  • Drafting of contracts, handbooks, policies and procedures.
  • Advice on consultants and subcontractors, commercial agents and agency workers agreements, IR35 and CIS, the Conduct of Employment Agencies and Employment Businesses Regulations 2003 and the Agency Workers Regulations 2010.
  • Redundancy and restructuring advice.
  • Corporate transactional support including advice on the employment elements of mergers and acquisitions/TUPE transfers.
  • Advice on individual and collective consultation with employees/unions, both locally and transnationally involving European Works Councils.
  • Employee benefit work including share schemes (Enterprise Management Incentives, Company Share Option Plans, Employee Benefit Trusts and restricted and phantom share schemes).
  • Data protection and Freedom of Information Act applications.
  • Negotiating settlement agreements/termination packages.
  • Providing in-house training courses on various topics such as data protection and diversity.

David Advises

  • Corporate clients ranging from SMEs/start-ups to multi-nationals.
  • Private clients/individuals of all levels up to transnational board level.

David has specific market experience in the financial, defence, technology and recruitment sectors.

Experience Highlights

Recent matters include:

  • A whistleblowing claim against a multinational employer relating to anti-competitive behaviour;
  • Advising numerous individuals on departure from roles and new hiring terms in the technology and Cyber security market;
  • Advising on departure of an IT sector executive on departure from a large technology multinational, including assisting with IP retention issues;
  • Acting for a Respondent in a complex equal value claim in Employment Tribunal;
  • Obtaining a contract continuance order in a whistleblowing claim based on the right to work from home due to COVID 19;
  • TUPE advice on a £45 million transaction;
  • Acting in the termination of employment of the compliance individual for a multinational financial institution accused of insider dealing;
  • Assisting with the removal of two director shareholders from a group of companies and defending contingent claims under section 994 of the Companies Act 2006;
  • Acting for an executive of a not-for-profit legal institution in disciplinary proceedings involving multijurisdictional issues;
  • Successfully defending individuals in the recruitment sector against injunction proceedings to enforce non-compete restrictive covenants;
  • Successfully bringing injunction proceedings against a departing director for breach of restrictive covenants and director’s duties.

Notable cases:

  • Catanzano v Studio London Ltd (In Administration) UKEAT/0487/11/DM on whether individual respondents to a claim were jointly liable for a discrimination award and whether the uplift to compensation for breach of the ACAS Codes applies to individual Respondents.
  • Thomas v Samurai Incentives & Promotions Ltd [2013] UKEAT 0006/13/RN on amendments to claims.
  • Emerson Electric European Works Council v Emerson Electric Europe Central Arbitration Committee EWC/13/2015 19 January 2016: the first successful application in the UK for breach of a European Works Council agreement.
  • Kocur v Angard Staffing Solutions Limited [2019] EWCA Civ 1185, [2020] ICR 170: the first Court of Appeal case on the Agency Worker Regulations 2010, deciding the meaning of the “duration of working time”.
  • Verizon European Works Council and Jean-Philippe Charpentier v The Central Management of the Verizon Group UKEAT/0053/20/DA: the first fine in the UK for breach of a European Works Council agreement.
  • Frewer v Google UK Limited [2022] EAT 34 on the anonymisation of a respondent’s clients and redaction of information from material in the Employment Tribunal, and the requirement for open justice in a whistleblowing case.

Career History

Previous Law Firms

  • Greenwoods GRM LLP
  • Laytons LLP
  • Cubism Law
  • BP Collins, Gerrards Cross
  • Magrath & Co, London

Memberships

  • Employment Lawyers Association

Education

  • Brunel University (1991–95)
  • College of Law Chester

Get in touch

For further advice please contact us for a consultation.

-

UK Contact

+44 (0)3330 143 401 info@gunnercooke.com
-

Germany Contact

+49 30 220 131-000 centralservices@gunnercooke.de