Carol Davis KC

Carol is recognised as an expert in discrimination law, regularly instructed in complex, multi-day hearings involving multiple allegations, substantial documentation, and numerous witnesses. She is noted for her clear and persuasive written and oral advocacy, forensic cross-examination, and her ability to distil complex legal and factual issues to their essentials. Particularly adept at managing high-value and sensitive document-heavy cases with overlapping strands of discrimination, Carol brings a strategic and commercially informed approach. She is calm, collaborative and a highly effective member of the legal team.

• Instructed on behalf of a global management consultancy business and seven individual respondents to defend claims of unlawful race discrimination, whistleblowing, unfair dismissal and breach of contract.
• Instructed on behalf of international FinTech pensions company and two individual respondents to defend a multi-million pound claim brought by a senior executive raising multiple allegations of sex discrimination, harassment, victimisation and protected disclosure detriments spanning a lengthy period.
• Instructed on behalf of an international fund manager and one of its Managing Directors against claims of serious sexual harassment.
• Instructed on behalf of a global financial services institution and five individual respondents to defend a claim of direct and indirect race discrimination, harassment, victimisation and unfair dismissal.
• Instructed on behalf of a global banking institution to defend claims of pregnancy and maternity discrimination, sex discrimination, harassment and unfair dismissal.
• Instructed on behalf of a leading firm to defend claims of direct age discrimination brought by a senior equity partner arising out of the application of the firm’s retirement policy.
• Instructed on behalf of a global software business to defend claims of unfair dismissal, sex, race and religious discrimination.
• Instructed on behalf of a Senior Partner of a global consulting firm in claims of race and age discrimination and breach of contract.
• Instructing on behalf of a General Manager of a global automotive group in claims of disability, discrimination, harassment, victimisation and unfair dismissal.
• Instructed on behalf of two non-executive directors of the Weinstein Corporation in claims that they and a number of other individuals knowingly aided and abetted sexual harassment by Harvey Weinstein.

Carol specialises in substantial high value multi-day whistleblowing cases. In the financial services sectolr, Carol is frequently instructed to defend or prosecute substantial whistleblowing claims involving allegations of breaches of the FCA Handbook, PRA Rule Book, the SMCR and financial and non-financial misconduct. She acts for a wide variety of financial institutions. She also lectures widely on the SMCR, whistleblowing in financial services and investigating non-financial misconduct. She also understakes a wide range of statutory claims.

• Instructed on behalf of a global financial institution to defend claims by a Senior Trader that he was dismissed following protected disclosures alleging failures in systems and controls and lack of integrity by SMFs.
• Instructed on behalf of an investment fund to defend a whistleblowing claim brought by a senior member of management alleging failures in systems and controls, dishonesty and lack of intergrity by SMFs.
• Instructed on behalf of a global management consultancy business and seven individual respondents defending claims of whistleblowing, discrimination, breach of contract and unlawful race discrimination.
• Instructed on behalf of the co-founder of a private equity partnership in claims of whistleblowing and breach of contract.
• Instructed on behalf of an NHS Health Board in claims of whistleblowing, unfair dismissal and breach of contract.
• Instructed on behalf of a global provider of software products for business in a high value unlawful deductions from wages claim arising out of commission payments.
• Instructed on behalf of an NHS Health Board in a substantial claim for unlawful deductions from wages of a Consultant.
• Instructed on behalf of one of the UK’s largest broadcasters in multiple claims for unlawful deductions from wages, trade union discrimination and failure to warn and consult in relation to redundancy.

Carol has considerable experience acting for and against large financial institutions, national and multinational businesses, publicly listed companies and governmental bodies on a wide range of employment litigation. A significant amout of her work involves, in particular, director and senior employee issues. Her principal areas of work include claims during the currency and termination of employment, wrongful dismissal and other breach of contract, breaches of fiduciary duty and bonus entitlements.

She is also regularly instructed to advise on, and appear in, interim applications to enforce restrictive covenants and to protect confidential information and is thus fully aware of the legal, practical and tactical issues that arise in such cases.

• Instructed on behalf of an Internataionl Management Consultancy for unlawful termination and non-payment of bonus.
• Instructed on behalf of a global risk and reinsurance business to defend breach of contract claims for non-payment of two substantial bonuses.
• Instructed on behalf of a Trader against claims of breach of contract, breach of confidentiality and solicitation of employees.
• Instructed on behalf of a Chief Executive of a former NHS Trust in a substantial wrongful dismissal claim.
• Instructed on behalf of a Chief Executive of an international gas exploration company in a substantial wrongful dismissal claim.

Carol regularly advises on partnership issues and has particular experience of advising on, and investigating, matters which overlap with firm’s regulatory obligations.

• Instructed on behalf of a leading law firm to defend a claim of age discrimination brought by a senior equity partner arising out of application of the firm’s mandatory retirement policy.
• Instructed on behalf of a national law firm to investigate an allegation of serious sexual misconduct.
• Instructed on behalf of a US law firm to investigate allegations of sexual harassment.
• Instructed on behalf of an international firm to investigate serious allegations of discrimination, harassment and protected disclosure detriments raised by one of the most senior partners in the firm against a fellow partner.
• Instructed on behalf of a partner of an international law firm facing expulsion from the partnership following allegations of sexual misconduct.
• Instructed on behalf of a partner suspended from the partnership and threatened with expulsion following allegations of misconduct.

Carol is one of only 17 Silks ranked in Chambers & Partners for Independent Investigations, where she is described in the following terms:

• “Carol is extremely impressive as an independent, expert investigator, dealing with the most complex ‘bet the company’ investigations with rigour and clarity.”
• “Carol takes her role as an independent investigator seriously and she reaches her views in a robust fashion.”
• “Carol is extremely impressive as an independent, expert investigator, dealing with the most complex ‘bet the company’ investigations with rigour and clarity.”
• “Carol takes her role as an independent investigator seriously and she reaches her views in a robust fashion.”

• Re: Directors’ conduct: Engaged by a professional institute to investigate multiple whistleblowing allegations alleging tax evasion, breach of directors’ duties, discrimination, dishonesty and fraud.
• Re: A Law Firm: Engaged by a national law firm to investigate an allegation of serious sexual assault.
• Re: A Private Equity Business: Engaged to investigate allegations of sexual misconduct, both recent and historic, and to investigate the firm’s handling of allegations of sexual misconduct and non-financial misconduct.
• Re: An Energy Busines: Engaged to investigate multiple serious allegations of financial impropriety, fraud and misconduct.
• Re: Sport: Engaged by an internationally famous sporting organsation to investigate complaints of sex discrimination.
• Re: A University: Engaged on behalf of a University to investigate allegations of bullying and discrimination by the Vice Chancellor.

Carol is Head of Littleton’s Professional Discipline Group.

Carol regularly advises and appears at internal grievance and disciplinary panels in both the private and the public sector. She also has a thorough grasp of the SMCR and has lectured widely on the same and advised on a number of complex disciplinary matters in the financial services sector.

Carol has been involved in a number of cases before professional regulatory panels. She has advised and defended a wide range of professionals facing investigation or disciplinary action by their regulators. She has dealt with a wide variety of cases, ranging from registration issues to allegations of serious misconduct and has experience of all stages of the process, including interim orders, Appeals and restorations.

Recent work includes:

• Conducting an independent investigation into a historic allegation of sexual harassment made by a former student against a Professor of a College of the University of Oxford and conducting a review of, and amending, the College’s equality and diversity, sexual harassment and reporting procedures and reporting orally and in writing to the Rector.
• Conducting a review of the operations of the department of a leading University and conducting an independent investigation into four individual allegations of bullying, harassment and whistleblowing and reporting orally and in writing to the Registrary.
• Conducting an investigation into a grievance and whistleblowing complaint brought by a senior member of a leading UK University.
• Conducting an independent investigation into multiple allegations of bullying brought against a Chief Executive of a world-renowned sporting organisation and conducting a general review into its operations.
• Conducting an independent investigation into allegations of sexual harassment and gender-based discrimination brought by a Senior Fund Manager.
• Conducting an independent investigation into an allegation of race discrimination made to a national charity by an applicant for a Trustee position, conducting a review into the charity’s recruitment processes.

Carol’s in-depth employment expertise has resulted in her being instructed, both for and against law firms, on cases of negligence involving employment litigation and other employment law issues. Over the years, she has acted in cases involving a variety of professionals, including dentists, travel agents, accountants and builders. She is particularly sought after for her precise drafting, her ability to absorb large amounts of material and her clear, commercial advice.

Recent work includes:

• Defending a law firm following the dismissal of a whistleblowing claim in the employment tribunal.
• Defending a surveyor sued by a disgruntled house purchaser following the discovery of asbestos in the roof cavity of her new house.

Carol is regularly invited to lecture and conduct training sessions on aspects of employment law and regulatory matters. She is always willing to tailor a lecture/seminar to fit the attendees’ requirements.

Recent lectures include:

• Protecting privilege in investigations
• Malus and clawback provisions in senior executive remuneration: implementing and challenging adjustment awards and avoiding pitfalls
• Investigating non financial misconduct
• Fitness and propriety in financial services
• A practical guide to the SMCR and regulatory references
• Age discrimimation and mandatory retirement ages

Memberships

• ELA
• ELBA
• COMBAR
• APP
• ARDL

Awards

• Diplock Scholar
• Middle Temple

Carol read English literature at Sussex University before taking the law conversion course. She received one of the highest marks for the Bar Vocational Course in her year (1995-1996) before undertaking pupillage at Littleton Chambers. She was called to the Bar by Middle Temple in 1996 and was awarded a Diplock scholarship by Middle Temple for her pupillage year.

Carol is the proud mother of two wonderful girls who provide a constant source of inspiration, fun and love and keep her on her toes.