Diya Sen Gupta QC specialises in complex and significant employment litigation including in the areas of employee competition, business protection, whistleblowing and discrimination. She is "a superb advocate and a pleasure to work with" (Legal 500 UK 2020). 

Diya is instructed in cases which typically involve difficult issues of law, are commercially and reputationally significant, and of substantial financial value, such as team move cases. 

Her cases are often high profile and reported by the media. She has successfully obtained a number of restricted reporting orders on behalf of her clients to prevent the identification of their clients. Many of the matters in which Diya is involved are confidential and so not referred to here, or are only referred to with client names anonymised.

She is "an effective and incisive advocate who regularly works with clients in the financial services sector. She is highly proficient in whistle-blowing and discrimination issues, with experience of complex team move cases, injunctive relief applications and unfair dismissal claims"; "Diya is pragmatic, thorough, commercial and very client-friendly". "Diya is a fantastic all-rounder who is very bright and gets involved with the team" (Chambers UK 2020). 

Diya was named Employment Junior of the Year at the Chambers UK Bar Awards 2016 and was shortlisted for the title of Employment Junior of the Year, Chambers UK Bar Awards 2015. 

She was the only employment barrister featured in an article in Legal Week as one of ten ‘Future stars at the Bar’, which said that ‘Diya Sen Gupta is a favourite of City firms…pragmatic, tough, passionate and fiendishly bright'. 

Diya is Chair of the Employment Law Bar Association (2019-2021), having previously served as Vice Chair, Secretary and Treasurer. 

Experience

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Employment

Diya Sen Gupta QC specialises in complex and significant employment litigation including in the areas of employee competition, business protection, whistleblowing and discrimination. 

Diya is instructed in cases which typically involve difficult issues of law, are commercially and reputationally significant, and of substantial financial value, such as team move cases. 

Diya is recognised as a leading silk in employment by both Chambers UK and Legal 500. She is "a superb advocate and a pleasure to work with" (Legal 500 UK 2020). "Diya is a fantastic all-rounder who is very bright and gets involved with the team" (Chambers UK 2020). 


Cases

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Employee Competition

Diya has substantial experience of employee competition and business protection cases, with particular expertise in team moves.

She acts for individuals, teams, employers and partnerships in relation to the various issues which arise in moving to a competing business, whether as a team or separately. 

Diya is instructed on applications for interim relief and (speedy) trials. 

Diya also advises on contractual and fiduciary duties, enforceability of restrictive covenants, garden leave, confidential information, wrongful termination, injunctive relief, damages claims and loss of profits claims.

Diya is often invited to speak on employee competition issues, for example: 

  • Injunctions in the High Court (ELA Employment Litigation in the High Court Conference 2019)
  • Confidentiality and Anonymity in Employment Proceedings (Michael Rubinstein's 22 QCs on the Hot Employment Law Issues Conference 2019)
  • Injunctions in the High Court (ELA Employment Litigation in the High Court Conference 2018)
  • Preserving Confidential Information in High Court and Employment Tribunal Proceedings (ELA Annual Conference 2018)

Diya's recent employee competition bulletins and articles include:

  • Duty of Full and Frank Disclosure: Wild Brain Family International Ltd v (1) Robson & (2) Chubb [2018] EWHC 3163 (Ch) 
  • No Springboard Injunction Where No Ongoing Headstart: Aquinas Education Ltd v Miller & others [2018] EWHC 404 (QB) 
  • One Step closer to the end of Wrotham Park damages in employee competition cases (with Katie Mahoney, Doyle Clayton), ELA Briefing, 1 June 2018
  • Employer had no property claim in its emails or their contents: (1) Capita Plc, (2) Capita Property & Infrastructure Ltd v Darch & Others [2017] IRLR 718 
  • Damages for Misuse of Confidential Information - Marathon Asset Management LLP v Seddon & Bridgeman 
  • Adequacy of Consideration for Restrictive Covenants: Decorus Ltd v Daniel Penfold and Procure Store Ltd 
  • Springboard injunction in team move case: Dorma UK Limited v (1) Bateman, (2) Bailey, (3) Power, (4) Morton (5) Arrow Industrial Limited [2015] EWHC 4142 (QB) 
  • Speedy Trials: Petter v EMC Europe Limited [2015] EWCA Civ 480
  • The implications of the Court of Appeal’s judgment in Sunrise v Rodgers, ELA Briefing, 1 December 2014
  • Bonuses, breaches of fidelity and the penalty doctrine (with Fahim Rahman, Allen & Overy LLP), ELA Briefing, 1 June 2013

Diya is also a contributor to the leading textbook Employee Competition:  Covenants, Confidentiality, and Garden Leave (2nd (2011) and 3rd (2016) editions).

Cases

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Employment & Data Protection

Diya frequently advises on breach of confidence and misuse of confidential information claims, including applications for delivery up and other injunctive relief. Many of these claims settle without a hearing. 

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Bonus & Remuneration

Diya acts in a variety of bonus disputes. 

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Whistleblowing

Diya has extenstive experience of acting in whistleblowing claims, including very high profile matters. She has successfully resisted applications for interim relief. Diya is keenly aware of the importance of the relevant regulatory context in whistleblowing claims. 


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Employment Status & Contracts

Diya has acted in numerous cases concerning employment status. 


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Discrimination

Diya has extensive experience of acting in a wide range of discrimination claims (including age, race, religion or belief, sex, sexual harassment, sexual orientation). 

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Investigations & Inquiries

Diya has substantial experience of conducting highly sensitive and confidential investigations for a range of clients.

Recent work includes investigating:

  • bullying allegations against an Executive Chairman;
  • sexual harassment allegations against a barrister;
  • misconduct allegations against university employees;
  • sexual harassment allegations against a law firm partner. 


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TUPE

Diya has acted in various cases concerning TUPE issues. 

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Achievements

Education

MA (Cantab), Law

Publications

Seminars and Conferences

Diya is frequently invited to speak at seminars and conferences. Recent topics include:

  • Injunctions in the High Court (ELA Employment Litigation in the High Court Conference 2019)
  • Confidentiality and Anonymity in Employment Proceedings (Michael Rubinstein's 22 QCs on the Hot Employment Law Issues Conference 2019)
  • Injunctions in the High Court (ELA Employment Litigation in the High Court Conference 2018)
  • Preserving Confidential Information in High Court and Employment Tribunal Proceedings (ELA Annual Conference 2018)

Books

  • Contributor to 3rd edition of Employee Competition: Covenants, Confidentiality and Garden Leave (2016)
  • Contributor to 2nd edition of Tolley’s Discrimination in Employment Handbook (2011)
  • Contributor to 2nd edition of Employee Competition: Covenants, Confidentiality and Garden Leave (2011)
  • Contributor to Jordans Employment Law 
  • Contributor to Butterworths Employment Law Guide (4th Edition, 2007)
  • Co-Author of Tolley’s Equal Pay Handbook (July 2006)

Employee Competition Bulletins

  • Duty of Full and Frank Disclosure: Wild Brain Family International Ltd v (1) Robson & (2) Chubb [2018] EWHC 3163 (Ch) 
  • No Springboard Injunction Where No Ongoing Headstart: Aquinas Education Ltd v Miller & others [2018] EWHC 404 (QB) 
  • Employer had no property claim in its emails or their contents: (1) Capita Plc, (2) Capita Property & Infrastructure Ltd v Darch & Others [2017] IRLR 718 
  • Damages for Misuse of Confidential Information - Marathon Asset Management LLP v Seddon & Bridgeman 
  • Adequacy of Consideration for Restrictive Covenants: Decorus Ltd v Daniel Penfold and Procure Store Ltd 
  • Springboard injunction in team move case: Dorma UK Limited v (1) Bateman, (2) Bailey, (3) Power, (4) Morton (5) Arrow Industrial Limited [2015] EWHC 4142 (QB) 
  • Speedy Trials: Petter v EMC Europe Limited [2015] EWCA Civ 480

Articles 

  • One Step closer to the end of Wrotham Park damages in employee competition cases (with Katie Mahoney, Doyle Clayton), ELA Briefing, 1 June 2018
  • The implications of the Court of Appeal’s judgment in Sunrise v Rodgers, ELA Briefing, 1 December 2014
  • Bonuses, breaches of fidelity and the penalty doctrine (with Fahim Rahman, Allen & Overy LLP), ELA Briefing, 1 June 2013
  • Sitting in private and anonymity in the EAT (with Daniel Stilitz QC), ELA Briefing, 1 November 2012
  • Privilege issues in investigations (with Jenny Steer, Berwin Leighton Paisner LLP), ELA Briefing, 1 April 2011
  • Without prejudice, ELA Briefing, 1 August 2010
  • The new public sector equality duty (with Helen Mountfield QC), ELA Briefing, 1 April 2010

Appointments

  • 2019                Bencher of Inner Temple
  • 2019                Chair of Employment Law Bar Association
  • 2019                Queen's Counsel
  • 2017-2019      Vice Chair of Employment Law Bar Association
  • 2015-2017       Secretary of Employment Law Bar Association
  • 2013-2015       Treasurer of Employment Law Bar Association
  • 2008-2010      Bar Standards Board's Complaints Committee 
  • 2006-2011      Junior Counsel to the Crown (C Panel)
  • 2006-2007     Bar Council's Equality and Diversity Committee 
  • 2002-2003     Judicial Assistant to the Law Lords

Memberships

Committees

  • 2011-present   Employment Law Bar Association Committee 
  • 2009-2011        Employment Lawyers Association Training Committee

Associations

  • Association of Partnership Practitioners 
  • Commercial Bar Association
  • European Employment Lawyers Association
  • Employment Lawyers Association
  • Employment Law Bar Association
  • Financial Services Lawyers Association
  • Industrial Law Society
  • London Common Law and Commercial Bar Association 

Other relevant information

Between April and June 2015 Diya completed a 9-week evening Masterclass in Financial Markets at the London Stock Exchange Group.

Diya has been a member of the Blackstone Chambers Pupillage Committee, a Blackstone Chambers Equality and Diversity Officer and a Pupillage Supervisor.

Diya is a supporter of Advocate (previously the Bar Pro Bono Unit) and the COAS and ELAAS schemes and has assisted a number of individuals with their appeals in the Court of Appeal and the EAT on a pro bono basis.

Diya was a member of Devereux Chambers from 2001-2008.

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