Carol Davis KC

Carol is particularly sought after for her careful attention to detail, her punchy and probing cross examination and her clear analysis of the law.

Recent work includes:

• Defending a global insurance and financial services claim and a number of senior members of management in a multi-week case of direct and indirect race discrimination, harassment, victimisation and unfair dismissal.
• Defending two non-executive directors of the Weinstein Corporation in a claim that they and a number of other individuals knowingly aided and abetted sexual harassment by Harvey Weinstein.
• Defending a global law firm and one of its equity partners in a 5-week case of direct race discrimination and  victimisation brought by an Associate.
• Defending a global financial services consulting firm against a claim for pregnancy and maternity discrimination, victimisation, harassment and unfair dismissal.
• Defending a global banking and financial services company and one of its Managing Directors against a claim for pregnancy and maternity discrimination, sex discrimination, harassment and unfair dismissal.
• Defending an international fund manager and one of its Managing Directors against claims of serious sexual harassment.
• Defending a leading supplier of heavy building materials in a substantial claim of sex discrimination, harassment and victimisation and trade union discrimination.
• Acting for a Senior Partner of a global consulting firm in claims of race and age discrimination and breach of contract.
• Acting for a General Manager of a global automotive group in claims of disability discrimination, harassment, victimisation and unfair dismissal.

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 amount 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 breaches of contract, breaches of fiduciary duty and bonus entitlements. Recent work in the High Court includes:

• Defending claims brought by a UK principal of an international Management Consultancy for unlawful termination and non-payment of bonus. Following a 7-day case in the High Court, the claims were dismissed in their entirety.
• Acting for a Chief Executive of a former NHS Trust in a substantial wrongful dismissal claim.
• Defending a former Managing Director of a financial services company against claims of breach of contract, breach of confidentiality and solicitation of employees.
• Acting for a Chief Executive of an international gas exploration company in a substantial wrongful dismissal claim.
• Defending a global insurance company in a substantial claim for breach of contract arising out of the non-payment of a bonus.

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. She provides a thorough, commercial and smart approach.

Carol is frequently instructed on substantial high value multi-day whistleblowing cases, very often for clients in financial services. She also undertakes a wide range of statutory claims. Notable recent employment tribunal cases in the last 12 months alone include:

• Acting on behalf of the co-founder of a private equity partnership in claims of whistleblowing and breach of contract.
• Defending a global provider of software products for business in a high value unlawful deduction from wages claim arising out of commission payments.
• Defending a global financial institution in claims of whistleblowing arising out of the termination of a Head of Desk.
• Acting for an NHS Health Board in a substantial claim for unlawful deduction from wages of a Consultant.
• Defending a multinational broadcaster in multiple claims for unlawful deduction from wages, trade union discrimination and failure to warn and consult in relation to redundancy.
• Defending an NHS Health Board in claims of unfair dismissal and breach of contract brought by a Chief Operating Officer, following termination of employment for breaches of Standing Financial Instructions, NHS procurement provisions and the publication of an adverse report by a national audit office.

Carol is Head of Littleton’s Disciplinary and Regulatory Group.

She regularly advises and appears at internal grievance and disciplinary panels in both the private and the public sector. She also has considerable experience of acting as an independent investigating officer and has experience of investigating diverse grievance and disciplinary matters, invariably involving detailed allegations and a wide range of witnesses.

Carol 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 two allegations of sexual assault brought by two Associates against a Partner.
• 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.
• Instructed by a leading national law firm to act as an independent investigating officer investigating a complaint brought by a senior Associate of sexual harassment and discrimination.
• Conducting an investigation into a grievance and whistleblowing complaint brought by a senior member of a leading UK University.
• Conducting an independent investigation into allegations of bullying and disability discrimination brought by an Associate of an international law firm and reporting in writing.
• Conducting an independent investigation into multiple allegations of bullying brought against a Chief Executive of a world-renowned sporting organisation, conducting a general review into its operations and reporting in writing.
• Conducting an independent investigation into allegations of sexual harassment and gender-based discrimination brought by a Senior Fund Manager and reporting in writing.
• 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 and reporting in writing.

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.

By popular request, Carol regularly visits law firms and conducts training seminars. She is always willing to tailor a lecture/seminar to fit the attendees’ requirements.

Carol is also a regular contributor to legal journals and other publications. Her most recent publications are ‘Termination of Employment’, which she co-authored with John Bowers KC (Wildy, Simmonds and Hill), and the chapter ‘Dismissal with or without Notice’, which she co-authored with Jeremy Lewis for Butterworth Tolley’s loose-leaf ‘Termination of Employment’ series.

Recent lectures include:

• Malus and Clawback Provisions in Senior Executive Remuneration: Implementing and Challenging Adjustment Awards and Avoiding Pitfalls
• Remote Working and Discrimination
• Varying Contractual Terms in the Time of Covid-19
• Conducting Sexual Harassment Investigations
• Conducting Investigations in Financial Services
• A Practical Guide to the SMCR and Regulatory References
• Fitness and Propriety in Financial Services.

Carol is also an active member of the following associations:

• COMBAR
• Employment law Bar Association Employment Lawyers’ Association
• Association of Regulatory & Disciplinary Lawyers
• The Professional Negligence Bar Association

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 also the proud mother of two young girls who provide a constant source of fun, love and inspiration.