Carolyn D'Souza

Barrister Profile

Carolyn has a specialist employment law practice, acting for both employers and employees (a roughly equal split). Her employer clients include blue chip companies, government departments and local authorities. On the employee side, she works for many of the major trade unions.

Carolyn deals with all aspects of employment law, but has particular strength in the field of discrimination.  She also deals with minimum wage issues, working time, maternity and parental rights, whistleblowing, unfair and wrongful dismissal, redundancy and collective bargaining.

Carolyn is recommended as a Leading Junior in both major legal directories: Chambers & Partners, and the Legal 500. 

In Chambers & Partners 2009, Carolyn is noted as “particularly recommended for discrimination matters. She has acted in a number of high-profile cases for claimants of late, with examples including Adedeji v Corporation of London, the sex discrimination case against the Barbican Centre.

In Chambers and Partners 2008 she is praised for her “exceptional client skills”, winning favour for being “direct and not a person to blind one with legal jargon.” She “fights a good fight” when it comes to advocacy and is noted for her particular strength in discrimination matters.   In Chambers and Partners 2007, Carolyn is described as "confident and assertive” and “with a dextrous touch". She is also noted in the Legal 500 (2006).

Carolyn was appointed Treasury Counsel (C Panel) in 1999, and remained on the panel until 2005. She has represented different government departments in employment and personal injury litigation.  Carolyn is a participant in the Bar Pro Bono Scheme and has been involved with the Employment Appeal Tribunal pro bono scheme (ELAAS) for 6 years.

She was a Fulbright Scholar to the USA in 1995. Her interests include yoga and travel.

Qualifications

University of London (LLB First Class Hons), University of Harvard (LLM)

Professional Membership

Employment Law Bar Association
Employment Lawyers Association
Personal Injuries Bar Association

Publications

2008 - Carolyn is currently writing a chapter on TUPE for Occupational Illness Litigation (Sweet & Maxwell)
2007 - Stress at Work podcast, together with Andrew Hogarth QC for cpdcast.com
Contributing Editor - the Employment Law volume of the Encyclopedia of Forms and Precedents (2000, Sweet & Maxwell)
Author - Bulletin on the Human Rights Act (1998, Butterworths)

Interesting Cases

Patel v. Walkers Crisps Ltd (Dec 2008) Representing Walkers Crisps Ltd, part of the Pepsico group, Carolyn successfully defended a union backed group action of indirect age discrimination. The legal argument centred on the justification of the employer’s removal of a directly discriminatory benefit scheme.
San v. LexisNexisButterworths (April and October 2008)
Carolyn successfully represented the Respondent in this 20 day sex discrimination and unfair dismissal claim.
Barrado v. United Wineries Ltd (July 2008) Carolyn represented the Claimant in this equal pay and sex discrimination claim, involving complex preliminary jurisdictional issues relating to time limits in equal pay claims where there has been a TUPE transfer, and the applicability of UNISON v. Allen.
Dr. Jiad Al-Timini v. BBC (July 2008) Carolyn represented the Claimant, an Iraqi journalist, in his race discrimination claim against the BBC Arabic Service.
Shanley v B&Q plc (Feb 08): representing the Claimant, a retail trading director, in her claim for pregnancy and maternity discrimination.  
Adedeji v City of London Corporation (Dec 07): representing the Claimant in her successful claim for indirect sex discrimination and unfair dismissal against the Barbican Centre.
Chaliha v St Mary's NHS Trust (2007): representing the Claimant, a specialist registrar, in her sex discrimination claim against St Mary's Hospital, arising out of non-selection for consultancy in urogynaecology.
Arwadi v Hapag-Lloyd (EAT/1555/06): consideration of ET acceptance procedures, Rule 3(9) and the statutory grievance procedure.
BT Plc v Hawley (EAT/0028/06): consideration of the circumstances in which an employer can withdraw an admission of disability discrimination.
Hawley v BT plc (2006): representing the Claimant, a Senior Vice President, in her claim for disability discrimination and unfair dismissal.
Khudados v Leggate & Others [2005] IRLR 540, [2005] ICR 1013: guideline authority on applications to amend Notices of Appeal in the EAT.
Khudados v Salford Hope NHS Trust (2005): representing 4 of 8 Respondents in race and sex discrimination claims arising out of the Claimant's non-selection for consultancy in neurosurgery.
Ministry of Defence v Opoku (18/01/05 EAT): representing the Ministry of Defence in overturning a finding of unfair dismissal - interpretation of "equity and substantial merits of the case" under section 98(4) ERA 1996. 
Waddington, Jeffs, Carter v Coca Cola Enterprises Ltd: representing the Respondent in a series of DDA claims relating to reasonable adjustments in manufacturing premises.
TGWU v TVR Engineering Ltd (TUR1/371/[2004]), Central Arbitration Committee: representing TVR in relation to the Union's application for recognition at the Blackpool plant.
Ball v London Borough of Waltham Forest EAT/0999/03: disability discrimination - Local Authority employee with photosensitive migraine - reasonableness of adjustments to office environment.

Examples of Carolyn’s recent advisory work include:
- advising a major insurance company on the interpretation of 'disability' in the 6th edition of the Ogden Tables.
- advising a local authority on the equal pay implications of an Arms Length Management Organisation (ALMO) 
- advising a government body on the construction of the National Minimum Wage Act, and its applicability to agricultural workers;
- advising an asbestos manufacturer on the terms of a general scheme of compensation for former exposed employees.