[photo] David Stephenson (2005)

t 020 7452 8917 e david.stephenson@1mcb.com

David Stephenson (2005)


Team

Employment & Discrimination, Property Litigation, and Housing & Community Care, 


Education

LL.B (Hons) – University of London
LL.M Employment – Law University of Middlesex
BVC – Inns of Court School of Law (Very Competent)


Practice

Employment and Discrimination

David practices principally in the fields of equality and discrimination law, public law and human rights. He has extensive experience in employment and discrimination law and has represented in various cases across the different strands of anti discrimination legislation. He is regularly instructed in multi day discrimination cases dealing with complex and intricate points of law. He is one of the Equality and Human Rights Commission preferred counsel and works closely with a number of law centres providing specialist advice to discrimination caseworkers funded by the EHRC. David has built a broad practice covering all aspects of discrimination in the employment and non-employment fields. He is regularly instructed by various NGO’s, EHRC, trade unions and individuals alike. His employment tribunal practice covers all types of discrimination including equal pay and maternity rights. He is regularly instructed in various aspects of employment litigation including whistle blowing claims, TUPE transfers, constructive / unfair dismissal and redundancy.

David’s non-employment work consists of discrimination in the fields of services and public functions, housing and education. He appears regularly before the county court and was recently instructed in a 4-day multi track case concerning direct and indirect race discrimination, harassment, victimisation and failure to make reasonable adjustments. David is particularly interested in disability discrimination and holding public bodies to account under the public sector equality duties contained in s.149 EqA 2010.

David has a growing appellate practice and regularly appears in the appellate courts.  He appeared as Junior Counsel (led by Karon Monaghan QC) in the very important case of Pieretti v London Borough Enfield [2010] EWCA Civ 1104, concerning the application of the equality duties contained in s.49A Disability Discrimination Act 1995 to individual decisions made by local housing authorities under Part VII of the Housing Act 1996 and is currently instructed in another matter concerning the application of the public sector equality duty in the fields of housing and services and public functions which is due to be heard by the Court of Appeal in 2012. Other notable cases include: Chatwal v Wandsworth BC EqLR [2011] 939 EAT (group disadvantage in indirect discrimination), Mahood v Irish Centre Housing Ltd EqLR [2011] 586 EAT (employer's liability for harassment by an agency worker), Martin v Devonshire Solicitors  [2011] I.C.R. 352 EAT (Victimisation) and Simpson v Endsleigh Insurance Services  [2011] I.C.R. 75 EAT (Meaning of Reg 10 (3) MPLR 1999). 


Property Litigation and Housing & Community Care

David has ten years experience working in a Local Housing Authority dealing with homelessness, housing and council tax benefit applications. He has a firm understanding of the practical issues facing potential claimants This coupled with his extensive discrimination background allows for creative solutions. David has a particular interest in homelessness and allocations claims that raise issues of public law and engages the public sector equality duties. He is regularly instructed on judicial reviews and s.204 HA 1996 appeals as well as claims for possession, nuisance, unlawful eviction, anti social behaviour injunctions, disrepair, mortgage repossession actions and unlawful discrimination. He is currently instructed on a matter before the Court of Appeal concerning a public authority’s failure to make reasonable adjustments before seeking and obtaining an anti social behaviour injunction which was later withdrawn because the claimant lacked capacity. He has a keen interest in injunctions or possession proceedings arising from anti-social behaviour and transfers and allocations regarding individuals with physical impairments who require wheelchair accessible properties. He has acted for a number of clients in these areas who suffered with serious mental or physical impairments giving rise to potential challenges under the public sector equality duties contained in s.149 of the Equality Act 2010. 


Profile

Prior to coming to the Bar David worked at the Lambeth Law Centre in its London Discrimination Unit where he honed his skills and established himself as a discrimination lawyer. He has an excellent manner with clients and an astute understanding of the sensitivities surrounding discrimination claims. His meticulous and tenacious approach has secured high value settlements for his clients. David devised and conducted the London Discrimination Unit’s training programme. He regularly delivers training to barristers, solicitors and caseworkers in employment and discrimination law. He provides specialist advice to law centre solicitors and caseworkers funded by the EHRC. 

Since joining Chambers, David has set up and co-ordinates the 1MCB General Employment Pro-Bono Scheme providing support and representation to a number of law centres and voluntary organisations in 1-day employment tribunal hearings. David is an active member of the Employment Law Appeal Advisory Service and frequently acts for appellants.


Notable Cases

  • Pieretti v LB Enfield EWCA Civ 1104; EqLR [2010] 312 CA, [2010]; [2011] P.T.S.R. 565; [2011] 2 All E.R. 642; [2011] H.L.R. 3, concerning the application of s.49A DDA to part VII HA 1996. Court of Appeal held that the obligation on a Local Authority applies to individual decisions and requires that authority to make enquiries as to the nature and extent of a service user’s disability.
  • Chatwal v Wandsworth Borough Council UKEAT/0487/10/JOJ; EqLR [2011] 939 EAT (group disadvantage in indirect discrimination), 
  • Mahood v Irish Centre Housing Ltd UKEAT/0228/10/ZT; EqLR [2011] 586 EAT (employer's liability for harassment by an agency worker), 
  • Martin v Devonshire Solicitors   UKEAT/86/10; [2011] I.C.R. 352; EqLR [2011] 105 (victimisation when features of the protected act can be genuinely and properly severable), 
  • Simpson v Endsleigh Insurance Services UKEAT/544/09; [2011] I.C.R. 75; EqLR [2010] 130 EAT (Meaning of Reg. 10 (3) MPLR 1999)
  • Eteffia v Public Carriages Office ET 3201321/2007 concerned a challenge to the statutory provision contained in s.17A (1A) DDA that prevents a claimant from presenting a claim to the ET in circumstances where s/he has a statutory right of appeal. It was argued that s.17A (1A) amounted to a procedural bar denying and/or significantly impeding his access to an effective remedy and was therefore contrary to both EC law and his Article 6 right to a fair trial
  • Josiah v Ministry of Justice ET 3201327/2007 concerned a claim for race discrimination by way of victimisation. ET held that the Respondent’s officers unlawfully suspended Ms Josiah after voicing concerns about racial bias towards black defendants. David successfully argued, relying on the direct effect of Council Directive 2000/43, that the MOJ was vicariously liable for the acts of her fellow magistrates as office holders,
  • Mohmed v West Coast Trains Ltd UKEAT/0682/05/DA (Burden of proof under EE (RB) Regs 2003).
  • Siddiqui v Asite Solutions Ltd UKEAT/0994/03 (Burden of proof under RRA 1976).
  • Bhuda v Ministry of Defence ET 2302225/03 concerned a very complex claim for race discrimination arising from Mr Bhuda's medical discharged in the UK. Ordinarily, Ghurka soldiers were retired medically or otherwise back to Nepal and MOD would argue that there was no less favourable treatment compared to British solders because the pay and pension was commensurate to the cost of living in Nepal. Mr Bhuda was able to circumvent the comparator argument on the basis that he was medically discharged in the UK and his pay and pension was substantially less than comparable British soldiers who were retired for medical reasons. On realising this the MOD settled for a significant sum.


Publications

  • Discrimination Law Association Volume 44 November 2011 Briefing 619 – Indirect discrimination and group disadvantage.
  • Discrimination Law Association Volume 43 June 2011 Briefing 608 – Victimisation – false complaints and the ‘reason why’

Speaking events, training and seminars

  • Employment Judge Awareness Training – Race discrimination: A Claimant's perspective - December 2012
  • Employment Judge Awareness Training – Race discrimination: A Claimant's perspective - November 2011
  • Discrimination Law Association conference, Equality Act – one year on (developments in employment discrimination law) October 2011
  • Discrimination Law Association practitioner group meeting, Harassment under the Equality Act – September 2011
  • Services and public function claims under Part III of the Equality Act 2010 – May 2011 (Chesterfield law centre)
  • Equality Act 2010 – life in the old dog yet, October 2010 – 1 Mitre Court Buildings seminar
  • Equality Act 2010 – June 2010 (Leicester Darn Network Group)
  • Disability discrimination, June 2010 – 1 Mitre Court Buildings seminar
  • Employment tribunal tactics and dispute resolution, June 2009 – (London Discrimination Unit)
  • Life After Malcolm – leave the dog alone, December 2008 – 1 Mitre Court Buildings seminar
  • Discrimination law update, November 2008 – (London Discrimination Unit)

Appointments and memberships

David’s appointments include:

  • Specialist advisor to discrimination case workers funded by EHRC, September 2011
  • Executive Committee of the Discrimination Law Association in, February 2011
  • EHRC panel of preferred counsel, October 2010

David’s memberships include:

  • Discrimination Law Association
  • Employment Lawyers’ Association
  • Employment Law Bar Association 


Hobbies and Interests

David is a connoisseur of football who enjoys travelling and having fun.


Contact details

t 020 7452 8917 e david.stephenson@1mcb.com