Carolyn D'Souza

Year of Call: 1994

PRACTICE AREAS

Arbitration & Mediation | Discrimination & Equality | Employment

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

OVERVIEW

Carolyn has a specialist employment practice, and handles all aspects of employment law in both the employment tribunal and at appellate levels. She also deals with the interface between employment law and regulatory/disciplinary matters and information rights/data protection law.

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 also represents individuals in their dealings with financial regulators, including the Financial Conduct Authority, Prudential Regulatory Authority and the Financial Reporting Council.

Carolyn is also 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 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.

REFERENCES

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

  • 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

APPOINTMENTS AND MEMBERSHIPS

1999-2005 Treasury Counsel ‘C' Panel

Employment Law Bar Association

Employment Lawyers' Association

PUBLCATIONS AND TRAINING

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

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

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

QUALIFICATIONS

Harvard Law School (LLM)

University of London (LLB) (First Class Hons)

HIGHLIGHT CASES

Employment and Discrimination

(2022) Yang v. Credit Agricole – Representing the successful claimant, a gold futures trader, in his unfair dismissal and race discrimination claims arising out of his dismissal after a period of unprecedented Covid-related volatility in the gold futures market and a comment made by a manager in the subsequent disciplinary process which involved negative racial stereotyping of Asian people.
(2021) Representing a female MD in an investment bank in her equal pay and sex/race/religious discrimination claims

(2021) Acting jointly for Claimants in protected disclosure proceedings brought against a financial services institution relating to marketing and testing of trading algorithms

(2021) Representing a Head of FX Sales in protected disclosure proceedings concerning wash trading and breach of the FCA's certification regime

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

(2021) advising in an equal pay claim for a director in a global team in the luxury retail sector on the use of overseas comparators in a like work/equal value claim

(2020) Representing the estate of a deceased employee in a disability discrimination claim against the deceased's former employer

(2020) Acting for a fintech organisation in interim relief proceedings brought by its Chief Risk Officer relating to AML5 and the E-Money Regulations

(2019) Representing a Change Portfolio Manager in a protected disclosure claim brought against a challenger bank relating to AML5

(2019) representing a male trader in sex discrimination proceedings case involving a challenge to positive action taken by a financial services institution in relation to the promotion of female employees

(2018) Representing a high profile financial services whistleblower and former Risk Manager, Sally Masterton, in a second settlement process with Lloyds Banking Group.
Carolyn also represents Ms Masterton in the ongoing non-statutory inquiry into the HBoS Reading fraud enquiry conducted by Dame Linda Dobbs, due to complete in 2022.

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

(2017) acting for a Company Secretary in the luxury retail sector in interim relief proceedings to restrain dismissal in light of his protected disclosures relating to non-compliance with the Companies Act

(2016) Representing a consultant obstetrician in his whistleblowing claim against an NHS Trust

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

(2016) Reuby v. Unite the Union –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, The Evening Standard, The Daily Mail.

OTHER NOTABLE EMPLOYMENT CASES

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

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