Diya Sen Gupta is highly recommended by both of the independent legal directories, Chambers UK 2016 and Legal 500 2015, as a leading barrister in Employment law. She was named Employment Junior of the Year at the Chambers UK Bar Awards 2016.

Chambers UK describes her as: “Always prepared and will work tirelessly to get the best results.” “An effective and incisive advocate.” “Charming and excellent on her feet.” Legal 500 reports that Diya “is highly meticulous and strategic in her approach, and has total command of the courtroom.”

Previous descriptions of Diya in the directories have included: 

  • “Widely seen as one of the leading employment juniors, she counts prominent City-based law firms among her dedicated client following”
  • “She is experienced at both tribunal and High Court level, and is adept at advising on all aspects of employment law”
  • “Very sharp and hard-working, she is nobody’s fool. Good with clients, she’s enjoyable to work with”
  • “A good all-round litigator, particularly on whistle-blowing cases”
  • “calm and reassuring with clients, she is excellent on her feet”
  • “she regularly acts for both respondents and claimants in complex whistle-blowing and discrimination cases”
  • “a pleasure to work with” 
  • “impresses” and “wins favour due to her ‘meticulous preparation and diligence’” 
  • “knows her cases inside out and gains her clients' trust immediately”  
  • “Increasingly, she has been involved in injunctive relief cases and high-profile team moves”
  • “calm, hard-working and responsive”
  • “hard-working and tenacious” 
  • “understands issues quickly and is a pleasure to work with”
  • “as bright as they come”
  • “a bright barrister with an even brighter future” 

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

Experience

Shortlist

Employment

Diya specialises in employment litigation in the High Court and Employment Tribunal and the appellate courts (the Employment Appeal Tribunal, Court of Appeal and Supreme Court). 

Diya has extensive experience of representing individuals, teams, employers and recruiting businesses in relation to the various issues which arise in moving to a competing business, whether as a team or individually, including contractual and fiduciary duties, enforceability of restrictive covenants, garden leave, confidential information, wrongful termination, injunctive relief, damages claims and loss of profits claims.

Diya has substantial experience acting in complex and high value discrimination and whistleblowing cases before the Employment Tribunal, both for claimants and for employers and individual respondents. 

Diya’s clients are often in financial services (for example, traders, inter-dealer brokers, bankers, investment banks, hedge funds) and legal services (senior associates, partners, LLP members, international law firms, LLPs).

Diya’s client base is still wide-ranging and has recently included an architect, a soldier, a lecturer, a Head teacher, an entrepreneur, the managing director of a football club, a sales director, a football manager, various software and technology companies, an infrastructure company, an accountancy firm, and an NHS Trust. 

Diya is regularly instructed to advise clients on cases involving issues of significant reputational importance. 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.

Current and recent work includes:

  • Acting with Paul Goulding QC in a team move case. 
  • Representing a broker in his whistleblowing claim against his former employers.
  • Acting for a bank defending claims of race discrimination, religious discrimination, and breach of contract and unlawful deduction of wages, by a former employee. 
  • Acting with Tom Linden QC in a stigma damages claim against a bank. 
  • Acting for a number of care home workers in relation to their High Court breach of contract claim for unpaid wages. 
  • Representing Citibank N.A (2015-2016) defending various claims by former Foreign Exchange traders arising from their dismissal for sharing client confidential information in Bloomberg Chats. These cases have been widely reported in the press.

Cases

Grid view
List view

Achievements

Education

MA (Cantab), Law

Publications

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)

Recent articles in ELA Briefing

  • The implications of the Court of Appeal’s judgment in Sunrise v Rodgers, 1 December 2014
  • Bonuses, breaches of fidelity and the penalty doctrine (with Fahim Rahman, Allen & Overy LLP), 1 June 2013
  • Sitting in private and anonymity in the EAT (with Daniel Stilitz QC), 1 November 2012
  • Privilege issues in investigations (with Jenny Steer, Berwin Leighton Paisner LLP), 1 April 2011
  • The new public sector equality duty (with Helen Mountfield QC), 1 April 2010

Appointments

  • 2008 - 2010   Member of the Bar Standards Board's Complaints Committee 
  • 2006 - 2011    Junior Counsel to the Crown (C Panel)
  • 2006 - 2007   Member of the Bar Council's Equality and Diversity Committee 
  • 2002 - 2003   Judicial Assistant to the Law Lords

Memberships

Committees

  • 2015-2016 -      Secretary of Employment Law Bar Association
  • 2013-2014 -      Treasurer of Employment Law Bar Association
  • 2011 -                    Employment Law Bar Association Committee Member
  • 2009 -                    Member of the 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 is a member of the Blackstone Chambers Pupillage Committee, a Blackstone Chambers Equality and Diversity Officer and a Pupillage Supervisor.

Diya is a supporter of 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.

News

VAT registration number: 782941104

Clerks

Staff