David Maxwell

Introduction

David is a specialist employment lawyer whose practice encompasses the full array of Tribunal, EAT, High Court and Court of Appeal litigation. David also accepts instructions in professional regulatory and disciplinary matters.

Frequently instructed by a wide variety of private sector respondents, David’s clients include banks and other blue chip companies. David often acts on behalf of public employers including central government departments, local government, the police and fire authorities. David also represents employees at senior executive level and trade unions or their members.

David is a regular speaker at employment seminars, including the frequent updates offered to practitioners by St Philips Chambers and events organised by external training providers.


Employment

Appeared for the respondent fire authority in high profile and very lengthy race discrimination claim pursued by a senior officer, including contemporary and historic allegations; all claims dismissed.

Represented the claimant, a senior manager accountant and partnership candidate, in sex and pregnancy discrimination claims pursued against a Big Four accountancy firm. A finding in the claimant’s favour was made on liability and after the remedy hearing went part-heard, the claim was settled for a substantial sum.

Represented the respondent probation trust in highly sensitive race and religious discrimination claims, all of which were dismissed following a full merits hearing.

Instructed on behalf of eminent consultant surgeon, the defendant in a civil unjust enrichment claim pursued by his employing NHS trust to recover alleged overpayment of salary. All claims dismissed.

Successfully defended the respondent local authority in complex equally pay and sex discrimination claims brought by a senior officer. This was a test case and claims by other claimants were withdrawn in light of the decision.

Reported Cases:

  • Davies v Sandwell MBC [2013] EWCA Civ 135, [2013] IRLR 374 CA
  • Johnson v Staffordshire & West Midlands Probation Trust [2012] EqLR 621
  • CA Waller v Bromsgrove District Council [2007] UKEAT/0019/07
  • Samrai v United Co-operative [2007] UKEAT/0174/07, [2007] All ER (D) 21 (Nov)

Employment in the High Court

In the High Court David’s practice is focused primarily on restraint of trade, from advising on the drafting of restrictive covenants, through to enforcement by way of injunctive proceedings and the recovery of damages.

David’s practice also covers the civil court jurisdiction in relation to discrimination legislation and breach of contract claims arising from or connected to the employment relationship.

Instructed on behalf of eminent consultant surgeon, the defendant in a civil unjust enrichment claim pursued by his employing NHS trust in the County Court  to recover alleged overpayment of salary. All claims dismissed.

Education

LLB (Hons) - Warwick University
Pegasus Scholarship - Inner Temple
Bar Vocational Course - Inns of Court School of Law

Appointments and Memberships

Fee Paid Employment Judge
Attorney General's Treasury Counsel Panel
Employment Lawyers Association
Employment Law Bar Association

Testimonials

“Technically very good and a formidable advocate to be against." Chambers UK
“His attention to detail, knowledge, strategic thinking and manner with clients and solicitors have made him an invaluable asset." Chambers UK
“An extremely competent employment law barrister.” Legal 500 2020
“His practice encompasses the full spectrum of employment law litigation.” Chambers UK
“Diligent, careful and considered.” Legal 500
“He has very good advocacy skills – he does not over-argue the point but will take a strategic view on the case instead.” Chambers UK
"He is quite calm and deals with situations well in court, even when curveballs are thrown at him.” Chambers UK
“I would highly recommend him for cases with difficult individuals, or where something needs to be handled carefully.“ Chambers UK
“He has a brilliant legal mind.” Legal 500
“Very user-friendly, always accessible and his technical skills are very good.” Chambers UK
“Experienced in discrimination and unfair dismissal cases.“ Legal 500
“Thorough and methodical – he works well to prepare the case for hearing and goes through everything step by step from beginning to end.” Chambers UK
“Very good in legally and factually complex cases." Chambers UK
"He is particularly strong at cross-examination, and his advocacy style is very thorough.” Chambers UK
“Exudes absolute confidence.” Legal 500
“Seems to know the facts better than anyone else in the room and he applies them very precisely to the legal issues.” Legal 500
“Approaches multi-day cases with the utmost thoroughness, and builds rapport very quickly.” Legal 500