David Campion

Employment

David is regularly instructed in high-value and high-profile employment disputes encompassing a wide range of issues, including discrimination, whistleblowing, equal pay, employment status, and TUPE. David frequently appears in the EAT and handles civil court matters, including those related to the Equality Act 2010 and employee competition.

David represents and advises a broad range of private businesses, local authorities, NHS bodies, schools, universities, charities, police forces, emergency services, trade unions, and employees. David has successfully defended several multi-million pound ET claims. He has also secured substantial six-figure awards for claimants in discrimination and whistleblowing cases and has successfully represented hundreds of claimants in group actions, including in equal pay claims.

Notable Cases

• In October 2024, at a seven-day hearing, David successfully represented an NHS Trust against a complex claim for alleged direct pregnancy and maternity discrimination, victimisation, unfair dismissal and unlawful deduction from wages. The case involved consideration of several unsuccessful applications for promotion and the claimant’s dismissal from employment following a period of sickness absence due to alleged work-related stress.
• In September 2024, at a six-day ET hearing, David successfully represented a leading University against claims of disability discrimination brought by an administrator. The matter was complex and document-heavy with a bundle of over 4,000 pages.
• In August 2024 David successfully defended a global car rental business at the EAT, which dismissed the claimant’s long-running appeal in its entirety. David had previously represented the business at a five-day ET hearing. The ET concluded that the claimant had lied about how he had obtained CCTV footage that he relied upon, found the dismissal to be fair and dismissed the claimant’s claims of race discrimination. The claimant has now sought permission to appeal to the Court of Appeal and David has recently drafted a respondent’s CPR PD52C paragraph 19 statement in response.
• In February 2024 David successfully represented a local authority at a preliminary hearing where the ET struck out five out of six of the claimant’s disability discrimination claims. A deposit order was made in relation to the remaining allegation, which was later withdrawn by the claimant.
• In January 2024 David successfully defended an NHS Trust at an eight-day hearing against a complicated whistleblowing claim brought by a nurse.
• In July 2023 and December 2023 David successfully represented a claimant in an equal pay ‘like work’ claim over eight days. The claimant worked in an IT department and compared herself to a male colleague who undertook broadly similar work, however, the employer alleged that the claimant’s male comparator had more responsibility and experience. The ET concluded that the employer had breached the sex equality clause and awarded the claimant over £30,000.
• At a lengthy hearing concluding in October 2023, David successfully represented the employer of a barrister against a multi-million pound claim of race discrimination, which included a claim for personal injury and career-long financial loss.
• In July 2023 David successfully represented a large retailer at a five-day hearing against claims of constructive unfair dismissal and indirect associative disability discrimination. The claimant argued that her work schedule resulted in her not being able to provide caring duties towards a relative. Detailed submissions were made by David on the scope of associative disability discrimination law concerning the Equal Treatment Directive and European case law, and all the claimant’s claims were ultimately rejected.
• In June 2023 David successfully represented a multinational logistics company at a three-day hearing against claims of unfair dismissal and direct discrimination (race and religion or belief) following the claimant’s dismissal due to failing to work his contracted hours. The claimant compared himself to a colleague who had been given a final written warning, however, the ET concluded that the colleague’s circumstances were not truly similar, that the dismissal was fair and that there was no unlawful discrimination.
• In June 2023 David successfully represented over 30 employees who had been underpaid a year’s pay protection, following the employees agreeing to change their shifts.
• In March 2021 David represented around 200 claimants at a four-day hearing and successfully argued that a quarterly bonus fell within the definition of ‘normal remuneration’ and should have been paid during periods of annual leave under Regulation 13 of the Working Time Regulations 1998. The case involved detailed consideration of CJEU and domestic authority.
• Ugradar v Lancashire Care NHS Foundation Trust UKEAT/0301/18 – In June 2019 David persuaded the EAT that the ET was wrong to hold that a statutory redundancy payment was subsumed within a contractual claim. The EAT held that there was no merger of a cause of action when a claim was brought for both a contractual and a statutory redundancy payment. This case clarified the law and is referred to in the leading textbooks including White Book 2024, Harvey on Industrial Relations and Employment Law, Tolley’s Employment Handbook and the IDS Handbook on Employment Tribunal Practice and Procedure.
• In June 2018 David successfully defended a school and local authority at a multi-day hearing against claims of disability discrimination and breach of the flexible working regulations.
• At hearings between March 2017 and May 2018 David represented a claimant who succeeded in claims for disability discrimination and unfair dismissal and who was awarded over £100,000. This case was publicised widely in the media and featured on an episode of Panorama.
• In January 2018 David successfully represented three claimants who were each held to have been automatically unfairly dismissed due to whistleblowing. The total awards exceeded £350,000.
• Noble v Sidhil Ltd UKEAT/0375/14 – In January 2016 David successfully represented a claimant before the EAT in a serious harassment claim. The EAT concluded that the ET had erred in holding that the claimant could not have been subjected to harassment related to a protected characteristic which he did not possess. The EAT also dismissed the employer’s cross-appeal and held that knowledge of an employee’s disability was not a requirement to bring a claim for disability-related harassment.
• Cooksey and others v Trafford Borough Council [2012] EqLR 744 (EAT) – David appeared in the EAT against very eminent leading Counsel and successfully defended an appeal against the rejection of genuine material factor defences and successfully argued that the ET had erred in law when considering disparate adverse impact.

Occupational Disease

David deals with a wide range of occupational disease matters for claimants, defendants and insurers including:

• Asbestos-related claims including mesothelioma and pleural thickening. David regularly represents claimants and defendants at Show Cause CMCs.
• Noise-induced hearing loss, acoustic shock and hyperacusis, including military NIHL claims.
• HAVS.
• Dermatitis, chemical and other COSHH Claims.
• Psychiatric injury/stress at work.

David’s past disease cases include a noise-induced hearing loss claim that settled following David’s robust cross-examination of the leading expert in the area, a mesothelioma claim which settled for £190,000 and a HAVS claim involving complex issues in respect of onset and causation.

David regularly advises on complex issues of causation, quantification, and life expectancy and in cases involving issues of alleged exaggeration, fraud or fundamental dishonesty.

David is experienced in advising on limitation issues including the credibility of claimants’ cases on date of knowledge and matters relevant to section 33 of the Limitation Act 1980.

David has also been instructed in a wide range of other serious personal injury and fatal accident matters, usually on the multi-track, including product liability, employer’s liability, and occupier’s liability.

Notable Cases

• David successfully represented an insurance company before the County Court and Companies Court in defence of a claim for noise-induced hearing loss in which the claimant had failed to restore the employer/defendant to the Register of Companies. The Claimant’s case was struck out as an abuse of process, QOCS was disapplied under CPR 44.15(1)(b) and David was successful in obtaining an order for indemnity costs for £18,000 in favour of the insurer to be enforced on a joint and several basis against the Claimant’s solicitors and the Claimant.
• David has successfully represented several claimants in several cases who suffered lead poisoning at work.
• David led a complicated and long-running claim for noise-induced hearing loss and catastrophic tinnitus to a large settlement.
• David led a claim for contact dermatitis arising out of exposure to irritant chemicals and rubber accelerators to a significant settlement.

Clinical Negligence

David has a wealth of experience in a variety of clinical negligence work. David is experienced in navigating through contentious expert evidence and confidently tests expert opinion in conferences.

David is instructed in fatal accident clinical negligence cases and has experience in representing families of those who have passed away due to suspected clinical negligence at inquests.

Notable Cases

• Accident and Emergency: Misdiagnosis of acute appendicitis leading to a laparotomy, bowel resection, stoma, further surgeries, incisional hernia, weight loss and infection. A further case where an undiagnosed femur fracture at A&E led to the need for a total hip replacement.
• Cancer/Oncology: Beecroft v Royal Berkshire NHS Foundation Trust (2018, Lawtel Quantum Reports) where total damages of £27,500 arising from a delay in diagnosing lung cancer from a CT scan.
• Cardiology: Case involving the misdiagnosis of cardiac symptoms by primary and secondary practitioners where intervention may have avoided a heart attack and/or death.
• Colorectal Surgery: David was instructed in a Joint Settlement Meeting and secured a six-figure settlement for a Claimant who suffered caecal perforation because of acute colonic pseudo-obstruction and associated complications.
• ENT Surgery: Cortical mastoidectomy and ossiculoplasty where the drill contacted the facial nerve causing permanent damage to the inner ear and damage to the facial nerve.
• General Practitioners: Death due to faecal peritonitis and perforation of the sigmoid colon through areas of stercoral ulceration following failures to refer to secondary care.
• Gynaecology: Negligently performed episiotomy resulting in a third-degree midline perineal tear, anal sphincter damage and psychiatric injury.
• Medical students: Performance of gynaecological examinations by medical students whilst a patient was under general anaesthetic, without obtaining proper consent.
• Medication: Discontinuation of Thromboprophylaxis causing Deep Vein Thrombosis and lifelong symptoms. Several other cases involving incorrectly dispensed medication.
• Nursing: Several cases involving pressure sores/small fibre nerve damage.
• Obstetrics: Failure to warn and advise as to reduced fetal movements relating to pregnancy affected by obstetric cholestasis leading to traumatic birth and psychiatric injuries.
• Optometry: Failure to refer to ophthalmologists in respect of a choroidal melanoma leading to enucleation. The matter settled for a significant sum in December 2019.
• Orthopaedic surgery: Incorrect prosthesis used in knee replacement surgery.
• Product liability: Claims against a large pharmaceutical manufacturer in respect of undisclosed side-effects of medication which David led to significant settlements.
• Psychiatric Care: Several cases involving suicide after medical attendances with psychiatric symptoms.

Inquests

David has represented bereaved families and other interested parties at inquests and is passionate about this area of work. David has experience in Article 2 jury inquests and inquests involving clinical negligence.

David has represented the families of those who have passed away due to suspected clinical negligence. David represented the family of a patient who sadly passed away following a kidney transplant at an inquest which involved the technical questioning of several medical practitioners involved in the deceased’s care and treatment.

David also has experience of representing other interested parties. David represented a police force at a six-day Article 2 inquest into the death of a disabled woman who died after escaping from care. There was an issue over the police’s response to the report that the deceased had escaped from care, in view of the resources available to the police at the time. The jury returned a narrative verdict within which the police were not criticised and not commented upon adversely.

Regulatory and Professional Discipline

David accepts regulatory instructions and has appeared before the HCPC and NMC. David is presently instructed on an ongoing complex matter before the NMC.

Associations

Personal Injuries Bar Association

Employment Lawyers Association

Education

LL.M. (Employment Law), University of Leicester

Bar Vocational Course, Manchester Metropolitan University

Prescribed Information

David Campion is a practising barrister, who is regulated by the Bar Standards Board. Details of information held by the BSB about Mr David Campion can be found here.

David Campion’s clerks will happily provide no obligation quotations for all legal services that he provides. Their contact details can be found for employment here and for personal injury here. It is most common for Mr David Campion to undertake Court and Tribunal advocacy for a brief fee plus refresher days. For advisory work, paperwork and conferences work is most commonly charged at an hourly rate although fixed fees are available. Conditional Fee Agreements can be considered in certain types of cases with favourable prospects of success. David Campion will typically return paperwork within 21 days, however annual leave, other professional commitments, complexity and volume of documentation can affect these approximate timescales. Any requests for urgent advice should be plainly marked as such.

David also undertakes Direct Access work. This work is undertaken on a contractual basis agreed between the client and David’s clerks. This is on fixed fee basis for a specific events such as a conference, advisory work, a hearing with additional hearing days (refreshers) or the drafting of specific documents. All work agreed to be undertaken by David with the fixed fee cost will be clearly outlined in the direct access contract signed by the client and will be payable in full prior to the commencement of the work.