David Stephenson

Practice Areas

David is recommended as a leading junior specialising in employment and discrimination with a burgeoning appellate practice, appearing in several landmark cases. He has been consistently ranked in the directories and recognised for his tenacious and meticulous advocacy in complex discrimination, whistleblowing and employment status/holiday pay cases. He has extensive experience representing clients in high-value and sensitive multi-day cases dealing with complex and intricate issues of fact and law. David is particularly known for his strategic thinking and fighting spirit. His advocacy and attention to detail are outstanding, complemented by his warm and exceptional client care skills. He has developed a broad practice covering all aspects of discrimination in the employment and non-employment fields with a proven track record of getting results.

David acted for a Chief Operating Officer of an English League Football Club and has a wealth of experience representing individuals at all levels across all sectors, including judges (District Judge Gilham (No 2)and Mr Recorder Herbert); Solicitors; Military Personnel (Dr Ukey v Ministry of Defence); Senior Executives and other high-net-worth individuals (Knupffer v Advanced Micro Devices (UK) Ltd; Pierre-Harvey v Oxford Brookes University); Police Officers at all ranks (Denby v the Commissioner of Police of the Metropolis and Gardner v the Chief Constable Thames Valley Police); University Lecturers, Teachers (Phillips & Others v The Diocese of Westminster Academy Trust and Burton-York v The Diocese of Westminster Academy Trust; Graphic Designers; Civil Servants (Quarccoo v The Scottish Ministers); Consultant Surgeons and other NHS staff such as Chiropractors, Nurses, Senior Management and IT Professionals (Hastings v Kings College NHS Foundation Trust).

David has been a member of the Equality & Human Rights Commission Panel of Preferred Counsel since January 2015 and was appointed to Panel B in February 2019. The EHRC routinely instructs David to advise and/or represent clients under the Race Support Fund.

Career

Called October 2005 (Lincoln’s Inn). Appointed Specialist Adviser to discrimination solicitors and case workers funded by the EHRC in 2011. Appointed to the Panel of Preferred Counsel for the EHRC (2011-2015) and appointed to the B Panel in 2019. Appointed DLA Executive member from February 2011-2016. Appointed Joint Head of the Doughty Street Employment Team in November 2021

Professional Memberships

• Discrimination Law Association

• Industrial Law Society

• Employment Law Bar Association

• Employment Lawyers’ Association

Work Highlights

Smith v Pimlico Plumbers (No:2) [2022] IRLR 347 CA (the right to paid annual leave); Wisbey v The Commissioner of the City of London [2021] IRLR 691 (correct approach to remedies under s.124 EqA 2010); Robinson v NUPFC v Certification Officer & Interveners [2021] IRLR 588 CA (the meaning of workers in s.296 TULRCA 1992); Robinson v Highness Sheikh Khalid Bin Saqr Al Qasimi [2021] IRLR 774 CA (restated the common law illegality test); Pimlico Plumbers v Smith [2018] IRLR 872 SC (employment status and substitution); Robinson v His Highness Sheikh Khalid Bin Saqr Al Qasimi [2020] IRLR 345 EAT: (multiple communications and protected disclosures); Jakkhu v Network Rail [2019] 8 WLUK 284 EAT (correct application of the burden of proof in discrimination cases).

Education

Awards