Carolyn D'Souza

Barrister Profile

Carolyn has a specialist employment law practice, acting for both employers and employees (a roughly 50/50 split). Her employer clients include local authorities, blue chip companies and government departments. 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 the major legal directories: Chambers & Partners and the Legal 500. In Chambers and Partners 2008 (Employment) she is praised for her “exceptional client skills”, winning favour for being “accommodating, 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) for advising blue chip companies and local authorities.

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

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

Shanley v B&Q plc (Feb 08): representing the Claimant, a retail director, in her claim for pregnancy and maternity discrimination.
Adedeji v City of London Corporation (Dec 07): successfully representing the Claimant in her 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.
Arwadi v Hapag-Lloyd (EAT/1555/06): acceptance procedures and rule 3(9) and operation of statutory grievance procedure.
BT Plc v Hawley (EAT/0028/06): consideration of the circumstances in which an employer can withdraw an admission of discrimination.
Hawley v BT (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 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 dismissalunfair 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 Trade Union Respondents in relation to the Union's application for recognition.
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 local authority on the employment implications of findings of the Standards Board for England
- 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 scheme of compensation for former exposed employees.