Carolyn D’Souza – Cloisters – Barristers Chambers

Carolyn has a specialized practice in employment law and manages all aspects of employment law both at the employment tribunal and at the level of the courts of appeal. It also deals with the interface between labor law and regulatory/disciplinary issues and right to information/data protection law.

In her employment and discrimination practice, Carolyn focuses on complex, high-value litigation in the financial services industry. Carolyn has represented countless senior executives in the financial services industry (see “Highlights” section below) in litigation involving whistleblower, discrimination and equal pay. She also represents individuals in their dealings with financial regulators, including the Financial Conduct Authority, the 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 the New York Peace Institute). Her mediation practice focuses on employment and labor disputes.

Carolyn can be trusted to provide efficient, timely and commercially sound advice, and she works closely with her lawyers and clients to ensure the best service. Carolyn accepts, where appropriate, instructions directly from members of the public.

Carolyn was a Fulbright Scholar at Harvard Law School in 1995 and a Treasury Advisor from 1999 to 2005.

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

Employment and discrimination

(2022) Yang vs Credit Agricole – Representing the successful plaintiff, a gold futures trader, in his claims of unfair dismissal and racial discrimination arising from his dismissal after a period of unprecedented Covid-related volatility in the gold futures market gold and a comment made by a manager during subsequent disciplinary proceedings that involved negative racial stereotyping of Asians.

(2021) Representing a female MD at an investment bank in connection with her equal pay and gender/race/religion discrimination claims

(2021) Joint representation of plaintiffs in a protected disclosure proceeding brought against a financial services institution regarding the marketing and testing of trading algorithms

(2021) Representing a foreign exchange sales executive in protected disclosure proceedings regarding sham trading and violation of the FCA certification scheme

(2021) Veselinovic vs. Curtin Communications – representing the plaintiff’s chief financial officer at trial in her complaint of whistleblowing and discrimination based on maternity against the company and its chief executive officer

(2021) counsel in an equal pay claim for a director of a global team in the luxury retail industry on the use of foreign comparators in a similar work/equal value claim

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

(2020) Representing a fintech organization in a summary proceeding brought by its Chief Risk Officer regarding AML5 and electronic money regulations

(2019) Representing a Change Portfolio Manager in a protected disclosure action brought against a challenger bank regarding AML5

(2019) representing a merchant in a gender discrimination case involving a challenge to an affirmative action taken by a financial services institution regarding the promotion of female employees

(2018) Representing high profile financial services whistleblower and former risk manager, Sally Masterton, in a second settlement process with Lloyds Banking Group.

Carolyn is also representing Ms Masterton in the ongoing non-statutory inquiry into the HBoS Reading fraud investigation led by Dame Linda Dobbs, which is due to be completed 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, regarding regulatory and compliance issues.

(2018) Equal pay file of a female service executive assigned to a public service contract to which the dual labor code applied, which was the subject of a job evaluation study. Material factors of TUPE and market forces probed for indirect and direct sexual influence.

(2017) acting for a company secretary in the luxury retail industry in interim relief proceedings to prevent his dismissal in light of his protected disclosures relating to non-compliance with the companies

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

(2016) Samad vs Felicity J Lord – Successfully represented a real estate agent in his whistleblowing claim, related to allegations of misrepresentation of market shares on online platforms.

(2016) Reuby vs. Unite the Union –representing the plaintiff (a union tutor) in this high-profile union whistleblowing and activity case, concerning the union’s alleged use of zero-hour contracts for its tutors. For media coverage of the case, see The Times, The Evening Standard, The Daily Mail.

OTHER NOTABLE USE CASES

Banerjee v. Royal Bank of Canada – [2021] ICR 359 – EAT’s appeal regarding the Tribunal’s powers to reconsider the elevation of ACAS in high value cases

Cosmeceuticals Ltd v Parkin (UKEAT/0049/17): EA’s appeal on the question of the interrelation between section 97 of the ERA (statutory definition of the effective date of termination) and common law dismissal, involving the examination of Gisda Cyf vs. Barratt, Sandle vs. Adecco, and Hogg vs. Dover College.

Strand Transport Services c. Whitworth [2009] EWCA Civ 858 – successfully resisted an appeal on issues of adequacy of motives and Polkey.

BT Plc v Hawley (EAT/0028/06): examination of the circumstances in which an employer can withdraw an admission of disability-related discrimination.

Khudados vs. Leggate and others [2005] IRLR 540, [2005] ICR 1013: Directive Authority on Notice of Appeal Amendment Requests in the EAT.

TGWU v TVR Engineering Ltd (TUR1/371/[2004]), Central Arbitration Committee: Representing TVR in the union’s application for recognition at the Blackpool plant.

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