Cloisters

Barrister at Cloisters Chambers, part time fee paid employment judge in North East Region (Newcastle) and part time fee paid employment judge in Scotland.

Declan O’Dempsey was called in 1987.  He was the first full-time employment case worker at the Free Representation Unit and has been a pupil supervisor from 1993.   Declan specialises in the most sensitive and difficult employment, discrimination, and public and regulatory law.   He is a member of the Equality and Human Rights Commission’s A panel. He is appearing in one of the longest-running Whistleblowing cases to be brought before the Employment Tribunals (over 100 days).

He practices in all areas of employment work, including trades union, injunction, data protection and confidentiality, and human rights law.

He has been involved in the major age discrimination cases: Heyday (challenge to the default retirement age); Seldon v Clarkson Jakes & Wright (retirement and partners); Homer v West Yorks Chief Constable (indirect discrimination and age); Lockwood v DWP.

In disability discrimination: Coleman v Attridge Law (associative discrimination); X v Mid-Sussex CAB (volunteers and discrimination); Goodwin v Patent Office (definition of disability).

Other discrimination cases include: Azmi v Kirklees (niqab); Ashton v Chief Constable of Mercia (gender reassignment); Begraj & Anor v Heer Manak Solicitors & Ors (caste discrimination, bias). He has acted in many redundancy and TUPE cases, including Manchester College v Hazel (TUPE ETO reasons); Mugford v Midland Bank (fair selection procedures); Shawkat v Nottingham City Hospital NHS Trust; High Table v Horst (redundancy definition cases).

In administrative law, he acts for councils and individuals, particularly in relation to the Public Sector Equality Duties under the Equality Act 2010. He co-drafted EHRC’s statutory codes under the Equality Act 2010 and its guidance on the Public Sector Equality Duties for public authorities. He has an international reputation as an expert on anti-discrimination law. He has trained NGOs, trade unions, judges, and practitioners in several countries. He is on the Executive Committee of the Industrial Law Society, and the Discrimination Law Association.   

Declan's publications include: ‘Employment Law and The Human Rights Act’ (Jordans 2001); ‘Age Discrimination Handbook’ (Legal Action 2006); ‘Disability Discrimination: the Law and Practice’ (1st ed 1996); and he co-edited: ‘Legal Action Discrimination in Employment’ (2013).

Employment Law Bar Association; Administrative Law Bar Association; Employment Law Association; ELAAS Scheme; Advocate;  Industrial Law Society (Executive Committee);  Discrimination Law Association (Executive Committee).

Council for Legal Education; Inns of Court School of Law; City University, London (Dip Law); Clare College, Cambridge (MA Cantab Philosophy).

Declan has a long commitment to music and education. He is a volunteer teacher at the Camberwell Choir School charity, and received a Civic Award from the Mayor of Southwark for services to youth and music.