David Brook

Employment, contract and commercial.

Barrister specialising in all aspects of employment law: including wrongful and unfair dismissal, discrimination, redundancy, restrictive covenants, confidential information, injunctive relief (including freezing and search orders), employee share agreements, status of agency workers, stress related claims, actions involving fraudulent employees, health insurance, transfer of undertakings, bonus claims; related commercial work undertaken. Representative cases include Onwuka v Spherion and others (EAT 21 March 2007) regarding the scope of the Igen v Wong guidelines in race discrimination claims; Glidepath BVI and Others v J Thompson and Others (High Court April 2005 AER) intervener’s action for disclosure of court file for related employment action, jurisdiction in issue, limit of confidentiality within arbitration proceedings; Astbury v Gist (on referral from the EAT 2005 and 2007) whether the employment agency should be joined as a party in order to examine a Dacas-type tripartite arrangement and subsequently substantial wages claim; Lake v Larco Ltd (EAT 2004), regarding the effect of refusing a ‘Calderbank’ offer where offer made on the basis of ‘overwhelming evidence’ against the party refuting the offer; Olatokun v Ikon (EAT May 2004 and August 2005), race discrimination whether the employer’s insistence that the employee produce her passport or be dismissed was a discriminatory act; Elliott v Pertemps (EAT 2003) for employer – time for assessment of impairment under DDA; Steen v Ikon (EAT 2003) for employer – meaning of notice where employer entitled to vary terms and bonus on notice; Clark v CPS (EAT 2002) for employee – whether late evidence is admissible, whether certain words (‘Mad Mary’) discriminating per se; Secondsite Ltd v Rowlatt & Vass (High Court 2002) injuncture relief – whether restrictive covenants valid – whether claimant entitled to seek relief given full admissions prior to issue; LSE v Pearson & Evans (High Court 2000), for employee contracts manager – allegations of secret profits and conspiracy with subcontractor to defraud college; Maynard v Dyno Rod Plc (ET 2000), for employer – alleged wrongful/unfair dismissal of managing director/share options/counterclaim of misappropriation of company funds; Dolce Vita Leisure Ltd & Intournet v Kostas Markou (High Court 2000) – junior counsel for defendant – variation of time clauses in agreement to transfer shares valued at circa £25m; Mindworks Ltd v Shear (High Court 2000), for employee director – validity of restrictive covenants – whether Anton Pillar appropriate relief – security for costs. An ADR-accredited mediator, he advises and acts in the mediated resolution of employment disputes and chairs university Academic Appeals Panel.

London University (BA philosophy); City University, London: Diploma in Law; Council of Legal Bar Finals.