Carolyn has a specialist employment practice. She also deals with the interface between employment law and regulatory/disciplinary matters and information rights/data protection law. Carolyn was recently named ‘Employment Junior of the Year’ for 2023 by the Legal 500.

In her employment and discrimination practice, Carolyn has a focus on high value complex litigation in the financial services sector. Carolyn has represented countless senior executives in the financial services sector (see ‘Highlight Cases' section below) in disputes focusing around whistleblowing, discrimination and equal pay. She has acted in cases involving the full spectrum of financial products, asset classes and financial institutions, and also represents individuals in their dealings with financial regulators. Carolyn has acted in cases of regulatory and/or whistleblowing investigations involving the Financial Conduct Authority, the Prudential Regulatory Authority, the Financial Reporting Council and the Financial Regulators Complaints Commissioner. She has also dealt with investigations involving the legal services regulators, the Solicitors’ Regulation Authority and the Bar Standards Board.

Carolyn is an accredited mediator, both in the UK (accredited by the Society of Mediators) and in New York (accredited by New York Peace Institute). The focus of her mediation practice is employment and workplace disputes. Carolyn also conducts internal investigations and hearings for employers in difficult and sensitive cases where careful handling is required (most recently on transgenderism and protected belief in the workplace).

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 does, in appropriate cases, accept instructions directly from members of the public.

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

After a 6-year career break, Carolyn returned to full-time practice in 2016.

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

• ‘Carolyn has a razor-sharp legal mind, is always thoroughly prepared and goes the extra mile for her clients. She is both warm and personable with clients, forensic in her approach, and absolutely brilliant on her feet. Without doubt, a go-to lawyer when it comes to complex whistleblowing cases, particularly where there is a financial services/regulatory overlay.’ - Legal 500 2023

• ‘Carolyn's legal knowledge and drafting skills are excellent.’ - Chambers & Partners 2023

• ‘A phenomenally talented barrister and real all-rounder.’ – Chambers & Partners 2022

• ‘She has huge attention to detail, she is always thoroughly prepared, she can juggle six balls simultaneously, she is wonderful with clients and she has such a keen mind on a complex areas of law. A phenomenally talented barrister and real all-rounder.’ ‘She is thoroughly well read, she never misses a detail and she will have a plan for a novel point of law.’ – Chambers & Partners 2022

• ‘Very professional and extremely knowledgeable – clearly very experienced in her field. Carolyn has a very focused manner and is able to get a handle of the issues quickly.’ – Legal 500 2022

• ‘She leaves no stone unturned and applies the case law with perfection; she's a fantastic negotiator and advocate – an all-round brilliant package. […] She's incredibly bright, thorough and tenacious. Incredibly responsive and deeply thoughtful.’ – Chambers & Partners 2021

• ‘Great knowledge of whistleblowing law and very good with clients. Carolyn has an infectious enthusiasm for employment and discrimination law and will leave no stone unturned in fighting for her clients.’ – Legal 500 2021

• ‘Her knowledge of whistleblowing law is vast; her strengths lie in being able to quickly build a rapport with clients and her ability to work collaboratively in shaping a case.’ – Legal 500 2019

• ‘She has acted in a number of high profile cases for Claimants of late […] she is particularly recommended for discrimination matters.’ – Chambers & Partners 2009

• ‘Exceptional client skills […] wins favour for being direct and not a person to blind one with legal jargon.’ – Legal 500 2009

• ‘Fights a good fight when it comes to advocacy and is noted for her particular strength in discrimination matters […] confident and assertive […] has a dextrous touch.’ – Chambers & Partners 2008

• 1999-2005 Treasury Counsel ‘C' Panel

• Employment Law Bar Association

• Employment Lawyers' Association

• Society of Mediators

• New York Peace Institute

Winner of the Legal 500 ‘Employment Junior of the Year’ award

• 2023 – Contributing Author of ‘Financial Services’ chapter to ‘From Counsel’s Employment’ Service’

• 2019 and 2010 – Contributing author of chapter on TUPE for Occupational Illness Litigation (Sweet & Maxwell)

• 2000 – Contributing Editor – the Employment Law volume of the Encyclopedia of Forms and Precedents (Sweet & Maxwell)

• 1998 – Author – Bulletin on the Human Rights Act (Butterworths)

• Harvard Law School (LLM)

• University of London (LLB) (First Class Hons)

Employment and Discrimination

Financial Services

Carolyn’s recent cases in this sector include:-

• Representing a senior banker in his whistleblowing and race discrimination claims against an investment bank concerning anti-competitive conduct in the commodities market.

• Acting for a senior female lawyer in a claim of pregnancy/maternity discrimination claim against an asset manager.

• Representing a commodities trader in unfair dismissal remedy proceedings for reinstatement/re-engagement.

• Acting for a trade execution analyst in whistleblowing proceedings (including interim relief proceedings) relating to a manager who had retrospectively amended trading data.

• Yang v. Credit Agricole (2022): Representing the successful claimant, a gold futures trader, in unfair dismissal and race discrimination claims arising out of his dismissal after a period of unprecedented Covid-related volatility in the gold futures market.

  Bloomberg – 15 March 2022 – Credit Agricole Trader Says Pandemic WFH Setup Costs Him His Job

  The Times – 3 June 2022 – ‘Loss of face' comment by Crédit Agricole boss ruled racist

• (2017 to date) Representing a high-profile financial services whistleblower and former Risk Manager, Sally Masterton, in the ongoing non-statutory inquiry into the HBoS Reading fraud enquiry conducted by Dame Linda Dobbs (the Dobbs Review), due to complete in 2024.

• Carolyn also represented Ms Masterton in a second settlement process with Lloyds Banking Group.

  Financial Times – 20 July 2018 – Lloyds reopens case of HBOS whistleblower

  Financial Times – 14 November 2018 – Lloyds pays compensation to HBOS whistleblower

  The Times – 15 November 2018 – HBOS whistleblower wins Lloyds apology

  Financial Times – 12 March 2019 – Lloyds: how HBOS whistleblower exposed failings in UK regulation

• Representing a senior Sales Trader in relation to sexual orientation discrimination and whistleblowing proceedings relating to inadequate pricing technical infrastructure.

• Representing a Head of FX Sales in protected disclosure proceedings concerning wash trading.

• Acting for algorithmic engineers in protected disclosure proceedings relating to marketing and testing of trading algorithms.

• Representing the estate of a deceased employee in a disability discrimination claim against the deceased's former employer, a bank.

• Representing a male trader in sex discrimination proceedings case involving a challenge to positive action initiatives taken by a financial services institution in relation to the promotion of female employees.

• Banerjee v. Royal Bank of Canada (2018): successfully representing a senior FX trader in his s.103A ERA claim against his former employer, relating to regulatory and compliance concerns of box-ticking.

  Financial Times – 19 July 2018 – Former RBC forex trader in rare win for a City whistleblower

  Financial Times – 13 February 2019 – RBC drops appeal in ‘whistleblower' case

Other Sectors

Examples of Carolyn’s recent cases in other sectors include:-

• Representing various consultant physicians and surgeons in claims against the NHS and private hospital chains, in claims ranging from holiday pay to whistleblowing and discrimination.

• Advising a legal services regulator on its disciplinary process, its compliance with s.53 Equality Act 2010 and the Public Sector Equality Duty.

• Representing a major airline in group litigation for unfair dismissal brought by a group of former pilots arising out of the Covid-19 pandemic (2023).

• Advising a female engagement officer in her claim for pregnancy/maternity discrimination against a major social media company.

• Representing and advising various client in their dealings with the FCA, PRA, FRC, SRA and BSB.

• (2021) Veselinovic v. Curtin Communications: representing the Claimant Finance Director at trial in her successful whistleblowing and maternity discrimination claim against a communications company and its Managing Director.

• Advising a global director in the luxury retail sector in an equal pay claim on use of overseas comparators in a like work/equal value claim.

• Acting for a Company Secretary in the luxury retail sector in interim relief proceedings relating to non-compliance with the Companies Act.

• 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.

• Samad v. Felicity J Lord (2016): successfully representing an estate agent in his claim for whistleblowing detriment, linked to allegations of misrepresentation of market share on online platforms.

• Reuby v. Unite the Union (2016): 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. For press coverage of the case, see The Times and Daily Mail.

Notable Appellate Employment Cases

• Singh v. British Airways Plc [2023] ICR 1458: appeal concerning the fairness of a practice of repeated postponement of a termination date with a limited consequent right of appeal.

• Banerjee v. Royal Bank of Canada [2021] ICR 359: appeal concerning the Tribunal's powers of reconsideration of the ACAS uplift in high value cases.

• Cosmeceuticals Ltd v. Parkin (UKEAT/0049/17): appeal 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.

• 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.

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

• 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.