Dale Martin KC is one of the UK’s leading specialists in employment and commercial law. He is often instructed in appeals, in business-critical injunctive cases, in long-running multi-claimant litigation, and in cases concerning high net worth individuals. With a keen attention to detail and a compelling advocacy style, Dale has a formidable reputation. Dale’s team skills, his responsiveness and his reliability to work to deadlines are also highly valued amongst instructing solicitors. Dale is a natural trial and appellate advocate but uses his strategic insight, commercial judgement and tactical nous to position cases for favourable and confidential settlement where this achieves his clients’ objectives.
Ranked for a number of years by Chambers & Partners and Legal 500 as a leading employment practitioner, Dale’s practice encompasses injunctions, restrictive covenant and conﬁdential information disputes, bonuses, ﬁduciary duties, shareholder disputes, contractual disputes, statutory claims including discrimination, whistleblowing and unfair dismissal, TUPE, trade union litigation, internal investigations and mediation/ADR. He also specialises in class- action litigation in the ﬁelds of equal pay and working time.
“He is very clever and he is the person you go to if you want someone who really gets into the law and who will work on untested arguments.” Chambers & Partners 2022
“He is calm under pressure, he is tenacious and he is bright.” Chambers & Partners 2022
“Very bright and hard-working, thoughtful, and strong on equal pay.” Legal 500 2022
“He’s incredibly bright, has fantastic attention to detail and is very hands-on.” “He gets straight to the point and doesn’t give in.” Chambers & Partners 2021
“Tenacious and very bright, with excellent drafting – he is a great team member. He is meticulous in his preparation and inventive in his solutions. A credit to his chambers and the profession.” Legal 500 2021
“He masters the detail and gives good, sound, incredibly commercial advice.” “Very sharp-witted, clear and great with clients.” Chambers & Partners 2020
“Dale is technically brilliant and his legal knowledge is outstanding.” Legal 500 2019/20
“Intelligent, strategic and extremely persuasive as an advocate.” “Approachable and client-friendly.” “His attention to detail is excellent.” Chambers & Partners 2019
“An outstanding counsel with a reassuringly forensic approach. He has an exceptional ability to immerse himself in the detail of each case and his advocacy is superb.” Chambers & Partners 2018
“Very commercial barrister who is well liked and respected by clients. He is very switched-on and provides a terriﬁc service.” Chambers & Partners 2017
Dale’s recent work includes:
- Acting in appellate, civil and employment tribunal arenas defending multiple equal pay claims, he is one of the few true respondent experts in this area. Dale appeared at the Court of Appeal following a successful three-day appeal to the EAT on requirements for presentation of multiple claims in the context of over 1000 equal pay claims against Dale’s supermarket client Asda Stores Ltd v. Brierley  ICR 910. Dale appeared at the EAT in 2020 in an appeal concerning the requirements for making amendments in tribunal proceedings, Sainsbury’s Supermarkets Ltd v. Ahmed. Dale is also instructed in an appeal relating to Early Conciliation certificates in the context of equal pay, due to be heard in late 2021. Dale continues to defend multiple equal pay claims for a number of retailers in both the employment tribunal and the civil courts.
- Acting in a 15 day breach of ﬁduciary duty/alleged civil fraud trial arising out of a Share Purchase Agreement with the director and former owner of the business and an alleged related conspiracy with a senior employee. Following Judgment and costs being awarded in his client’s favour (2020), Dale was instructed on two appeals, one on the issue of informed consent in the context of breach of ﬁduciary duty, one on the requirements of Part 36 Oﬀers. The appeal is currently before the Court of Appeal (2021). Dale is also presently acting and has appeared at the High Court in a related £1m+ claim of misrepresentation and mistake claim in respect of earn out consideration paid pursuant to the SPA, Reader v. Spie Ltd; Spie UK Ltd v. Garside.
- Instructed by a leading petrochemical institution to appear in a three week employment tribunal trial brought by two traders claiming race discrimination and career-long losses (2021).
- Acting on behalf of a boutique and high tech oil/gas company that disciplined its high earning CEO/director/shareholder for sharing confidential information concerning a competitor’s bid in a bid process in which the Company was also participating, in contravention of EU and UK competition law. CEO was recorded covertly and claimed breach of his privacy. Dale advised substantially as to the internal investigation and the shareholder dispute and is now defending the Company in proceedings. The former CEO has intimated minority shareholder proceedings and began an employment tribunal claim (2021, continuing).
- Defending an employee and his new employer in the specialist medical supplies industry in respect of a claim for injunctive relief, namely garden leave, post-termination restraints (including non-competition), springboard relief and protection of confidential information (2021).
- Acting on behalf of a leading regional law firm in two separate confidential internal investigations and the exit of two partners guilty of gross misconduct, poor client service and/or negligence (2020 & 2021, continuing).
- Acted in relation to a claim for a search and seizure injunction on behalf of a trade display business (2020);
- Defending a departing senior employee and new employer in the conference events industry against a claim to enforce post-termination restraints and confidentiality The latter involved substantial and complex work in relation to a forensic computer investigation (2020).
- Acting for a specialist recruitment agency seeking injunctive relief against a departing sales executive, who had taken confidential information and joined a competitor in breach of post-termination restraints (2020).