Kerenza Davis

Acting for 5 Respondents including a multi-national food company in a 4 week trial, defending claims of whistleblowing detriment/dismissal, direct sex and race discrimination, victimisation, harassment and unfair dismissal (as junior counsel to Jane Mulcahy QC). This was a substantial piece of litigation (the hearing bundle ran to 62 lever arch files) in which the Claimant relied on 30 alleged protected disclosures and 11 alleged protected acts. The case also raised the issue of the legal privilege exception in whistleblowing cases. Also acted for the Respondents in the related equal pay proceedings. 

Acting for the Respondents in a 14 day hearing to determine the Claimant's claims of direct and indirect race discrimination, victimisation and harassment. 25 out of 26 of the Claimant's claims were dismissed, with one claim of direct discrimination succeeding on the basis that a reasonable steps defence was not made out. During the hearing Kerenza cross-examined 6 witnesses and successfully dealt with several interlocutory issues, including getting some of the Claimant's evidence excluded on the grounds of relevance and dealing with a specific disclosure application. The full jment is available here.

Successfully defending claims of age discrimination and unfair dismissal at a 5 day hearing, including cross-examining four witnesses. The Claimant claimed £820,000 after being dismissed for engaging a company owned and operated by his son, without permission from his superiors. The Tribunal was persuaded to discount the Claimant's explanations as the answers elicited during cross-examination demonstrated a lack of credibility. The full jment is available here.

Acting for the Respondent in a 10 day hearing to defend the Claimant's claims of maternity discrimination, whistleblowing and constructive unfair dismissal, after the Claimant walked out the office on her second day back at work. The case raised interesting questions of what constitutes a disclosure to the employer as several of the Claimant's alleged protected disclosures were purportedly made to the father of her child, who had previously held a senior role at the Respondent. 

Advising an international sports player in relation to proceedings against their club, in which they had been named in witness statements, including in relation to the prospects of obtaining an anonymity order to protect their identity.  

Acting for the Respondent to defend the Claimant's claim of unfair dismissal at a 4 day hearing (having successfully resisted his application to add a claim of age discrimination). The dismissal was held to be procedurally unfair but compensation was reduced by 70%. The full judgment can be read here. 

Acting for the Respondent company to deal with a series of linked claims for holiday pay for employees who had been on furlough and claimed they had not been given appropriate notice under the Working Time Regulations that they were required to take holiday during their time away from the workplace. 

Acting for the administrators in relation to the claims for protective awards from former employees following the high-profile collapse of their employer company. 

Successfully acting for the Claimant in a 7 day hearing bringing claims for unfair and wrongful dismissal, following an investigation into maladministration in the Key Stage 2 SATs at the school where she worked. Click here to read the full judgment. 

Acting for the Respondent company to defend claims of breach of the Working Time Regulations and disability discrimination arising out of the working hours and culture at the bank. 

Acting as sole counsel for the Respondent in a 15 day hearing in the Employment Tribunal to defend claims for equal pay, direct discrimination and victimisation. The Claimant relied on 15 comparators and claimed both like work and work of equal value. 

Acting for the Respondent, which operates an app facilitating the delivery of food, securing strike out of the Claimant's claims for unfair and wrongful dismissal. Judgment available here.

Successfully acting for the Respondent to defend the Claimant's claim of unfair dismissal following a redundancy process. The Claimant's claims were dismissed following a two day hearing. Click here to read the full judgment. 

Successfully representing a large charity at a two-day hearing in relation to a claim for unfair dismissal, raising questions of redundancy and suitable alternative employment.

Acting for the Respondent companies to the defend the Claimant's claims, which fell to be determined in the Employment Tribunals under the law of Dubai, requiring the provision of expert evidence on the applicable law. 

Acting for the Respondent bank defending a claim of unfair dismissal. The Claimant had originally received a written warning for participating in inappropriate behaviour on a charity tour. During the internal appeal, additional evidence came to light, which led to the Claimant being dismissed for dishonesty. 

Successfully defending a proposed claim based on TUPE following the termination of a planned joint fashion venture, where the intellectual property in the branding was retained for possible future use but the intended colloboration was dissolved. 

Acting for the Respondent, the Trustees of a national museum, to defend a claim for unfair dismissal following their dismissal of a security guard they had found guilty of stealing. 

Acting for the Claimant in his claims for disability discrimination, failure to make reasonable adjustments and unfair constructive dismissal, including representing him at a day long judicial mediation.

Acting for a large charity defending a claim concerning redundancy and TUPE.

Advising an individual suffering from severe work-related stress in her job at an international film production company on tactics for negotiating a compromise agreement with her employer, including advising on potential claims under TUPE, for wrongful/unfair constructive dismissal and for negligence causing personal injury.

Advising the Claimant on her prospects of successfully appealing the decision in her disability discrimination and unfair dismissal claim to the Employment Appeal Tribunal.

Advising the respondent in relation to a claim for unfair dismissal and unpaid holiday pay under the Working Time Regulations. 

Carrying out an investigation into a workplace grievance, raising questions of bullying and whistleblowing (as junior counsel to Gemma White).

Providing advice to various employees, employers and potential employers, most recently including advising a magic circle firm on the enforceability and effect of the restrictive covenants in the contract of an intended hire and advising a CEO on the enforceability and effect of the restrictive covenants in his contract in light of an attractive offer from a competitor.

Acting for a biotech company focused on developing novel treatments for cancer and auto-immune diseases, to restrain its Senior Director of Business Development departing to work for a competitor in breach of restrictive covenants in his contract. 

Advising a company on potential claims against a former employee and statutory director who had gone to work for a competitor, attempted to solicit clients and sought to backdate his removal from the Companies House register when it was pointed out to him that his earlier actions could amount to a breach of his statutory duties. 

Acting for a departing employee (one of four defendants) to defend urgent applications for delivery up, provision of information and enforcement of restrictive covenants and an application for a speedy trial to determine the employer's claims for breach of contract, misuse of confidential information, unlawful conspiracy and inducing breach of contract. 

Acting for a private security services company in claims against its departing COO and four implicated companies/individuals to obtain urgent injunctive relief, including provision of information, disc imaging, delivery up, enforcement of restrictive covenants and springboard relief. 

Advising a telecommunications company on potential claims following the departure of two employees who appeared to have been misusing confidential information, acting for other businesses during working hours and seeking to obtain secret profits from their employment. 

Acting for the defendant company following a claim that one of their recent recruits had removed and made use of the confidential information of his former employer, including advising on the practicalities of working with a computer forensic expert following an order for delivery up and inspection. 

Acting for the Defendant employee in a speedy trial to determine whether the Defendant was wrongfully dismissed and if not whether the non-compete, non-poaching and non-solicitation covenants in the employment contract should be enforced (junior counsel to Tom Croxford QC). The full judgment is available here. 

Acting from the Claimant insurance company in a high value team move, employee poaching, solicitation of clients and misuse of confidential information case, which has attracted attention in the insurance press (as junior counsel to Jane Mulcahy QC). 

Acting for the Second Defendant in a speedy trial concerning the departure of a high ranking employee from the Claimant to one of its main competitors. The Claimant sought injunctions to enforce garden leave and confidentiality clauses (junior counsel to Paul Goulding QC and Diya Sen Gupta). Click here to read the full judgment. 

Advising a family run business on its options following the departure of several employees to a competitor, which then appeared to be making use of the company's confidential information, including client lists and intellectual property. 

Acting for the Respondent company to defend claims of discrimination on the grounds of gender reassignment when the claimant's contract was terminated following customer complaints about performance and conduct.

Acting for the Respondents in a 14 day hearing to determine the Claimant's claims of direct and indirect race discrimination, victimisation and harassment. 25 out of 26 of the Claimant's claims were dismissed, with one claim of direct discrimination succeeding on the basis that a reasonable steps defence was not made out. During the hearing Kerenza cross-examined 6 witnesses and successfully dealt with several interlocutory issues, including getting some of the Claimant's evidence excluded on the grounds of relevance and dealing with a specific disclosure application. The full jment is available here.

Acting as sole counsel for the Respondent in a 15 day hearing in the Employment Tribunal to defend claims for equal pay, direct discrimination and victimisation. The Claimant relied on 15 comparators and claimed both like work and work of equal value. 

Acting for the Respondent in a 10 day hearing to defend the Claimant's claims of maternity discrimination, whistleblowing and constructive unfair dismissal, after the Claimant walked out the office on her second day back at work. The case raised interesting questions of what constitutes a disclosure to the employer as several of the Claimant's alleged protected disclosures were purportedly made to the father of her child, who had previously held a senior role at the Respondent. 

Acting for 5 Respondents including a multi-national food company in a 4 week trial, defending claims of whistleblowing detriment/dismissal, direct sex and race discrimination, victimisation, harassment and unfair dismissal (as junior counsel to Jane Mulcahy QC). This was a substantial piece of litigation (the hearing bundle ran to 62 lever arch files) in which the Claimant relied on 30 alleged protected disclosures and 11 alleged protected acts. The case also raised the issue of the legal privilege exception in whistleblowing cases. Also acted for the Respondents in the related equal pay proceedings. 

Successfully defending claims of age discrimination and unfair dismissal at a 5 day hearing, including cross-examining four witnesses. The Claimant claimed £820,000 after being dismissed for engaging a company owned and operated by his son, without permission from his superiors. The Tribunal was persuaded to discount the Claimant's explanations as the answers elicited during cross-examination demonstrated a lack of credibility. The full jment is available here.

Acting for the Respondent company to defend claims of breach of the Working Time Regulations and disability discrimination arising out of the working hours and culture at the bank. 

Advising a well known supermarket chain on the application of the Equality Act, in particular provisions relating to disability discrimination, to their policy of requiring face masks to be worn in store by customers. 

Acting for the Second Respondent to defend claims by a former member of Great Britain’s women’s cycling team of unfair dismissal, direct discrimination, victimisation and detriment following protected disclosure. The case raised questions regarding employee status in the context of athletes performing at the highest level.

Advising an individual of Russian Jewish decent on a potential claim of indirect associative race/religious discrimination, raising complex questions on the interpretation of s.19 of the Equality Act in light of CHEZ Razpredelenie Bulgaria [2015] IRLR 746. 

Acting for the Respondent, a high end fashion brand, as sole counsel in a 13 day trial defending claims of race discrimination and constructive unfair dismissal. 

Acting for the Claimant in his claims for disability discrimination, failure to make reasonable adjustments and unfair constructive dismissal, including representing him at a day long judicial mediation.

Acting for the Defendant bank in a claim for race discrimination and vicitimisation in relation to services provided to a customer. 

Advising the Claimant on her prospects of successfully appealing the decision in her disability discrimination and unfair dismissal claim to the Employment Appeal Tribunal.

Acting for a multi-national food company in 10 day trial defending an equal pay claim (junior counsel to Jane Mulcahy QC). 

Acting pro bono to draft grounds in support of an application for legal aid on behalf of a victim of trafficking who had been held in conditions of domestic servitude. The applicant's case went on to be heard in the EAT, yielding an important judgment on how caste fits into the Equality Act (Chandhok v Tirkey [2015] ICR 257). 

Advising the claimant in a claim against her former employers for unfair constructive dismissal and discrimination on the grounds of sexuality.

Acting for the claimant in an unfair constructive dismissal claim on the grounds of sex discrimination.

Current/recent cases include: 

• Advising an individual on direct and indirect discrimination on the grounds of sex and pregnancy and maternity, the Maternity and Parental Leave Etc Regulations, and flexible working requests.
• Acting for a construction company to defend claims of maternity discrimination in the context of continuing employment. 
• Acting for the Respondent insurance broker to defend claims of pregnancy discrimination and unfair constructive dismissal. 
  

Current/recent cases include: 

• Acting for an insurance broker to defend claims of age discrimination and unfair dismissal following a redundancy process. 
• Securing strike out of the Claimant's claims of age discrimination claims following her dismissal from the Respondent school on capability grounds. 
• Acting for a multi-national technology company to defend claims of direct and indirect age discrimination following an internal recruitment process.

Current/recent cases include: 

• Acting for a multi-national technology company to defend claims of nationality discrimination and unfair dismissal following a redundancy process. 
• Acting for a french school in London defending claims of race and religious discrimination and automatic unfair dismissal. 
• Acting for a schools trust to defend claims of race and religious discrimination and unfair dismissal. 

Current/recent cases include: 

• Acting for a schools trust, securing strike out of the Claimant's disability discrimination claims on the grounds that the work place stress he claimed to suffer from did not satisfy the requirements of s.6 of the Equality Act 2010.
• Acting for the Claimant, who is suffering from cancer, in respect of her claims for sick pay, unlawful deduction of wages, discrimination arising from disability and failure to make reasonable adjustments.
• Acting for a multi-national technology company to defend claims of disability discrimination (partial deafness and stress/anxiety) and constructive unfair dismissal.
• Acting for a software marketing company to defend claims of automatic unfair dismissal and disability discrimination (the Claimant has diabetes).
• Acting for an IT services provider to defend claims of disability discrimination (knee injury) and constructive unfair dismissal. 
• Acting for a local school to defend claims of disability discrimination (heart condition) and unfair dismissal following the Claimant's dismissal for misconduct. 

Advising the National Association of Head Teachers on the application of regulations governing performance related pay, discrimination on the grounds of sex and maternity and discrimination on the grounds of disability. 

Acting for 5 Respondents including a multi-national food company in a 4 week trial, defending claims of whistleblowing detriment/dismissal, direct sex and race discrimination, victimisation, harassment and unfair dismissal (as junior counsel to Jane Mulcahy QC). This was a substantial piece of litigation (the hearing bundle ran to 62 lever arch files) in which the Claimant relied on 30 alleged protected disclosures and 11 alleged protected acts. The case also raised the issue of the legal privilege exception in whistleblowing cases. Also acted for the Respondents in the related equal pay proceedings. 

Acting for the Respondent in a 10 day hearing to defend the Claimant's claims of maternity discrimination, whistleblowing and constructive unfair dismissal, after the Claimant walked out the office on her second day back at work. The case raised interesting questions of what constitutes a disclosure to the employer as several of the Claimant's alleged protected disclosures were purportedly made to the father of her child, who had previously held a senior role at the Respondent. 

Advising the Respondent company on the handling of a grievance brought by a member of the senior management team, which purported to include protected disclosures and made allegations of victimisation. 

Carrying out an investigation into a workplace grievance, raising questions of bullying and whistleblowing (as junior counsel to Gemma White).

Successfully defending against an interim relief application in a whistleblowing claim (as junior counsel to Jane Mulcahy QC). 

Acting in a series of preliminary hearings where the claimants claim to have employee status where the employer contends they are workers. 

Acting for the Respondent, which operates an app facilitating the delivery of food, securing strike out of the Claimant's claims for unfair and wrongful dismissal. Judgment available here.

Acting for the Second Respondent to defend claims by a former member of Great Britain’s women’s cycling team of unfair dismissal, direct discrimination, victimisation and detriment following protected disclosure. The case raised questions regarding employee status in the context of athletes performing at the highest level.

Advising an Olympic medallist on the best course of action following receipt of an allegation of an anti-doping violation (missed test). 

Representing the Investigation Committee of the Institute of Chartered Accountants in numerous disciplinary hearings, raising issues of misuse of client funds, unlawfully retaining confidential information, criminal convictions for fraud, improper preparation of accounts, non-compliance with Bye-laws and failure to comply with CPD requirements.

Successfully representing a member of the ICE before the Construction Industry Council Appeals Tribunal to overturn a finding that he had breached the ICE's rules on professional conduct, resulting in the sanction that had been imposed being revoked.

Acting for Blind Cricket England and Wales and the English Cricket Board to prosecute 8 players and a Blind Cricket club on charges of dissent towards the umpire, acts of violence, discriminatory conduct based on an individual's race or religion and bringing cricket into disrepute. All charges were upheld.

Advising a regulator on the best course of action when one of its members sought to stay disciplinary proceedings in light of ongoing civil litigation arising out of the same facts. 

Advising a professional regulatory body on the implications of the report into Gosport Memorial Hospital Trust. 

Advising a higher education institution on the impact relevant human rights, equality and public law principles would have on its internal disciplinary procedures as applied to students accused of sexual assault and rape (as junior counsel to Monica Carrs-Frisk QC).

Advising a solicitor facing allegations of unprofessional conduct on the Solicitors' Regulatory Authority's Code of Conduct and the Solicitors Account Rules.  

Acting for the GMC in a judicial review of its decision not to certify two applicants as exempt persons under s.19 of the Medical Act, raising issues over the rights to free movement and equal treatment under EU law and the interpretation of the Immigration (EEA) Regulations (junior counsel to Alan Maclean QC).

Acting for a government body in relation to a claim of misfeasance in public office and malicious falsehood against one of its employees. 

Advising a professional body on its options in compelling a member to produce relevant documentation to it to facilitate its investigation into potential breaches of its disciplinary bye-laws and regulatory standards. 

Advising a professional regulatory body on whether it was entitled or obliged to provide information it had uncovered during an internal investigation of potential criminal activity by one of its members to the police. 

Acting for the Institute of Chartered Accountants to challenge the Lord Chancellor's refusal to approve its application to become a regulator and licensing authority in respect of five reserved legal activities (junior counsel to Nathalie Lieven QC).  

Acting for the ICAEW in a one day disciplinary hearing, successfully establishing the defendant had made five serious errors in a set of accounts he had prepared.

Acting for the UKAD before the National Anti-Doping Panel in respect of various anti-doping violation charges, including charges of evasion of testing made against a rugby player and a veteran runner and attempted use of a prohibited substance against an althete.  

Assisting the appeal panel in preparing to hear from a boxer whose licence had been suspended. 

Acting for a rugby club in an appeal from a citing hearing concerning an allegation of racial abuse made by one of their players against a player from another club (assisting Jane Mulcahy).

Acting for UKAD to prosecute a student athlete for attempting to take a prohibited substance after UK Borders intercepted a large package of testosterone gel packs from Mexico on its way to the defendant. Under cross examination the defendant admitted he had lied when providing his initial account to UKAD’s investigating officers. 

Advising an Olympic medallist on the best course of action following receipt of an allegation of an anti-doping violation (missed test). 

Acting for the club in three day arbitration before the Managers Arbitration Tribunal, in a dispute over a termination payment. As junior counsel to Nick De Marco QC

Advising an international sports player in relation to proceedings against their club, in which they had been named in witness statements, including in relation to the prospects of obtaining an anonymity order to protect their identity.  

Acting for a world-famous, Olympic gold medal winning athlete to enforce a Tomlin Order, relating to an underlying dispute over a sponsorship agreement.  

Acting for a Championship Football Club to defend a claim of unfair dismissal by the coach of the youth team following a redundancy process.

Acting for UKAD to prosecute a student athlete for attempting to take a prohibited substance after UK Borders intercepted a large package of testosterone gel packs from Mexico on its way to the defendant. Under cross examination the defendant admitted he had lied when providing his initial account to UKAD’s investigating officers. 

Advising members of an unincorporated sports association on their options for redress when new management tried to exclude them from the club. 

Acting for the Second Respondent to defend claims by a former member of Great Britain’s women’s cycling team of unfair dismissal, direct discrimination, victimisation and detriment following protected disclosure. The case raised questions regarding employee status in the context of athletes performing at the highest level.

Acting for Blind Cricket England and Wales and the English Cricket Board to prosecute 8 players and a Blind Cricket club on charges of dissent towards the umpire, acts of violence, discriminatory conduct based on an individual's race or religion and bringing cricket into disrepute. All charges were upheld.

Acting for a Premiership football club in claims involving unfair dismissal/redundancy and a dispute concerning confidential information (assisting Jane Mulcahy).

Acting for a Formula 1 racing driver in an arbitration under Swiss Intentional Arbitration Rules, successfully obtaining an award requiring the F1 team Sauber to honour its contractual obligation to nominate the driver as one of their two race drivers for the 2015 F1 Season (assisting Ian Mill QC). 

Acting for the UKAD before the National Anti-Doping Panel in respect of various anti-doping violation charges, including charges of evasion of testing made against a rugby player and a veteran runner and attempted use of a prohibited substance against an althete.  

Acting for a rugby club in an appeal from a citing hearing concerning an allegation of racial abuse made by one of their players against a player from another club (assisting Jane Mulcahy).

Advising a team in the English Ice Hockey Premier League in relation to possibly discriminatory provisions of the League’s rules, age discrimination and unfair dismissal.

Assisting the appeal panel in preparing to hear from a boxer whose licence had been suspended. 

Acting for a Formula 1 racing driver in an arbitration under Swiss Intentional Arbitration Rules, successfully obtaining an award requiring the F1 team Sauber to honour its contractual obligation to nominate the driver as one of their two race drivers for the 2015 F1 Season (assisting Ian Mill QC). 

Acting for the Applicant to obtain a Bankers Trust order against five Respondents, after his wife had travelled to London with 70kg of jewellery , watches and other valuables she had taken from the family home (junior counsel to Alan Maclean QC).  

Acting for the victim of a high value fraud perpetrated by a sophisticated computer hack, obtaining a Norwich Pharmacal order, Freezing Injunctions and pursuing claims for conspiracy, dishonest assistance, knowing receipt, unjust enrichment and money had and received (junior counsel to Victoria Windle). 

Acting for the Respondent property manager to resist an application for an injunction allowing the applicant access to all areas of a building, following the manager's decision to restrict access for security reasons. 

Successfully defending an urgent application for an interim injunction, which involved allegations of abuse of a dominant market position and raised questions about the application and scope of Access Directive (junior counsel to Alan Maclean QC). 

Acting for the Claimant recruitment consultants, in this fraud/ recovery claim against two ex-employees, for defrauding the company of several million pounds between 2007 and 2013. Various freezing orders and disclosure orders were obtained in support of the claim (assisting Leona Powell).

Advising various companies about the possibility of varying or assigning the benefit of an injunction, ostensible/apparent authority, damages in relation to share transfers and potential claims arising out of misuse of intellectual property.

Obtaining a search order and ancillary orders on behalf of a multi-national technology company, following the discovery that the defendant had been trading in counterfeit and unauthorised products (as junior counsel to Adam Baradon).