Carolyn has a specialist employment practice, and is Head of the 12KBW Employment and Discrimination Team. 

Carolyn handles all aspects of employment law in both the employment tribunal and at appellate levels. Carolyn has a particular strength in the field of whistleblowing, and recent clients in this area have included whistleblowers in the financial services, healthcare, education and union sectors.  Carolyn also handles commercial employment cases, including those involving restrictive covenants and injunction applications.

Carolyn represents both employers and employees: from SMEs and blue chips to local authorities; from trade unions to high earning executive claimants.  She has been recommended by the legal directories over a number of years, being noted for having “exceptional client skills”, “fights a good fight when it comes to advocacy” and comes “particularly recommended for discrimination matters”.

Whoever she represents, Carolyn can be trusted to provide effective, prompt, and commercially sound advice, and she works highly collaboratively with her solicitors and clients to ensure the best service.

Carolyn is also an accredited mediator. The focus of her mediation practice is employment and workplace disputes, and she is qualified to mediate in both London and New York. She is uniquely placed to deal with cross-jurisdictional employment issues for multinational companies in cases of secondment or overseas transfer, but mediates all employment disputes.

Carolyn was a Fulbright Scholar to Harvard Law School in 1995, and Treasury Counsel from 1999-2005.

Carolyn has recently (2016) returned to full-time practice after living in New York for 6 years.

Employment & Discrimination
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Whistleblowing

Carolyn has significant experience in cases involving dismissal or detriment for having made protected disclosures.  Acting primarily for whistleblower claimants, Carolyn has dealt with cases spanning a number of different sectors, including education, financial services, healthcare, retail and estate agency.  Recent clients of Carolyn’s include a Company Secretary, a consultant obstetrician, a head teacher, a derivatives broker, an FX trader, an estate agent and the Executive Director of a national bank.

Examples of Carolyn’s recent work in this area include –

(2018) Successfully representing an senior FX trader in his s.103A ERA claim against his former employer, relating to disclosures of a box ticking culture and other regulatory concerns. This case has been widely reported in the press, including in The Times and the front page of the Financial Times.

(2017)  achieving settlement for a senior investment banker in a regulatory malpractice claim

(2017) Achieving settlement for a head teacher dismissed in circumstances where she had alleged breach of the regulations relating to the Teachers’ Pension Scheme

(2017) Representing a Company Secretary in his interim relief application to prevent dismissal where he had made protected disclosures relating to non-compliance with the Companies Act and reporting obligations

(2017) Achieving settlement in a case pending at the EAT involving disclosures relating to endemic bullying within a university

(2016) successfully representing an estate agent in his claim for whistleblowing detriment against his former employer, linked to allegations of misrepresentation of market share on online platforms to enhance bonus entitlement.

(2016) Reuby v. Unite the Union –representing the claimant (a union education tutor) in this high profile whistleblowing and trade union activities case, relating to the Union’s alleged use of zero hours contracts for its tutors.  The case settled during the hearing.  For press coverage of the case, see The Times, The Evening Standard, The Daily Mail.

(2009) X v. Y – Carolyn represented the Claimant in this very high value sex/maternity discrimination, equal pay and whistleblowing claim. The Claimant was Director of Equity Capital Markets for a large investment bank. She was made redundant following her return from maternity leave.  The case settled for a seven figure sum.

 

Discrimination

Carolyn has handled countless discrimination cases over the years, and she appears both at the Tribunal and appellate levels.  She has litigated all types of protected characteristic, and is also experienced in the sphere of equal pay/equality of terms.  She is an approachable and empathetic lawyer, who earns the trust of her clients and enjoys working collaboratively with them.

Examples of her cases include –

(2018) Favourable settlement in an equal pay case for a female service manager assigned to a public sector contract to which the Two Tier Workforce Code applied, which was the subject of a job evaluation study.  Material factors of TUPE and market forces probed for indirect and direct sex taint.

(2017) Achieving a six figure settlement partway through an age discrimination hearing for an IT director in the retail sector

(2016) Achieving a six figure settlement for a digital officer employed by an asset manager in relation to age discrimination and less favourable treatment on grounds of being a part-time worker

(2015) A v. B Ltd – Carolyn secured a six figure settlement partway through a 10 day hearing for the claimant, an advertising space sales representative, in a highly contested disability discrimination case.

(2012) Representing the claimant, a senior HR officer, in a case involving questions of territorial jurisdiction of disability discrimination legislation for the claimant’s injury sustained overseas whilst on assignment, and overlapping issues of personal injury and discrimination in two jurisdictions. US attorneys and UK lawyers collaborated on the case.

Patel v. Walkers Crisps Ltd (UKEAT/0177/09) Representing Walkers Crisps Ltd, part of the Pepsico group, defending a union backed group action of indirect age discrimination.

Shanley v B&Q Plc (2008): representing the Claimant, a retail trading director, in her claim for pregnancy and maternity discrimination.

San v. LexisNexisButterworths (2008) representing the Respondent in this 20 day sex discrimination and unfair dismissal claim.

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.

C v M (2007): representing the Claimant, a specialist registrar, in her sex discrimination claim against a hospital, arising out of non-selection for consultancy.

H v BT Plc (2006): representing the Claimant, a Senior Vice President, in her multimillion pound claim for disability discrimination and unfair dismissal.

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.

Waddington, Jeffs, Carter v Coca Cola Enterprises Ltd: representing Coca Cola Enterprises Ltd in a series of three disability discrimination claims relating to reasonable adjustments in manufacturing premises.

 

Other Notable Employment Cases

(2017)  Cosmeceuticals Ltd v. Parkin (UKEAT/0049/17) (Judgment 11 August 2017):  Successful appeal in the EAT on the question of the interrelationship between s.97 ERA (statutory definition of effective date of termination) and common law dismissal, involving consideration of Gisda Cyf v. Barratt, Sandle v. Adecco and Hogg v. Dover College

(2015) Reuby v. Unite the Union – representing the Claimant at a publicised preliminary hearing on employment status.  For press coverage of the case, see Evening Standard; The Sun; The Daily Mail; The Express).

Strand Transport Services v. Whitworth [2009] EWCA Civ 858 – successfully resisting an appeal on questions of adequacy of reasons and Polkey

BT Plc v Hawley (EAT/0028/06): consideration of the circumstances in which an employer can withdraw an admission of disability discrimination.

Arwadi v Hapag-Lloyd (EAT/1555/06): appellate consideration of ET acceptance procedures, Rule 3(9) and the statutory grievance procedure.

Khudados v Leggate & Others [2005] IRLR 540, [2005] ICR 1013: guideline authority on applications to amend Notices of Appeal in the EAT.

 

Commercial Employment

Carolyn also handles commercial employment cases. She has a growing practice in post-termination restraints (“PTRs”) and restrictive covenants, and has experience of handling injunctive relief applications.

2016 – advising an insurance broker on the enforceability of PTRs in an employment contract, and handling an interim injunction application

2015 – D v. T – advising a female hedge fund manager on exit strategy from an unlimited liability partnership, including duration of profit share and enforceability of restrictive covenants.

Representing 2 claimants in injunctive relief proceedings brought against them by their employer for breach of restrictive covenants in their service agreements and in a parallel Sale and Purchase Agreement.

 

Other Notable Cases

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.

Other examples of Carolyn’s 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

Mediation

Carolyn is a qualified mediator and has particular expertise in employment related cases

Qualifications

Harvard Law School (LLM)
University of London (LLB) (First Class Hons)

Appointments & Memberships

1999-2005 Treasury Counsel ‘C’ Panel

Employment Law Bar Association

Employment Lawyers’ Association

Directories

Over her career, the directories (Chambers & Partners and the Legal 500) have said about Carolyn:-

          “She has acted in a number of high profile cases for Claimants of late” and “she is particularly recommended for discrimination matters”    

Carolyn has “exceptional client skills” and “wins favour for being direct and not a person to blind one with legal jargon”

Carolyn “fights a good fight” when it comes to advocacy and is noted for her particular strength in discrimination mattersCarolyn is “confident and assertive” and “has a dextrous touch”.

Publications

2010 – Contributing author of chapter on TUPE for Occupational Illness Litigation (Sweet & Maxwell)
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)