Daniella Gilbert - Employment and Discrimination

Daniella Gilbert - Employment and Discrimination profile

Daniella has been recognised as a leading junior in employment law in the Legal 500. She undertakes work in all areas of employment law and has particular expertise in:

  • Unfair dismissal;
  • Discrimination;
  • Whistleblowing;
  • TUPE transfers;
  • Holiday pay disputes;
  • National minimum wage disputes; and
  • Costs

Daniella’s practice involves an even spread of both claimant and respondent work. She is also a regular speaker at chambers’ seminars and contributes to our quarterly newsletters.

 

Reported / Notable cases:

 

Nursing & Midwifery Council (1) & North Bristol NHS Trust (2) v Alvida Harrold (High Court) [2016] EWHC 1078 (QB)

Daniella represented the Respondent to an application for a civil restraint order. This case and its predecessor established that the High Court had jurisdiction to make a civil restraint order that would extend to proceedings in the Employment Tribunal, and that tribunals should expressly state when they found a claim or application to be totally without merit.

 

B v LBN [2017]

Daniella represents the respondent in this discrimination claim complicated by the claimant’s reliance upon the protected characteristic of “perceived disability”. There is no binding authority confirming the applicability of the Equality Act 2010 or the appropriate test to apply in such a case.

At a preliminary hearing the claimant sought a reference to the Court of Justice of the European Union (“CJEU”) to determine these issues in compliance with the Equality Framework Directive. Daniella successfully opposed this and obtained orders requiring the claimant to pay a deposit in order to continue with his claims on the basis that they had little or no prospects of success.

 

Bell v RJA Ltd (UKEAT/0015/17/DA, unreported)

Daniella represented the Appellant in an appeal against the dismissal of his claims for unfair dismissal and disability discrimination. The appeal was based upon several grounds including that the ET had failed to apply the reversed burden of proof in his discrimination claim and that this error tainted the ET’s decision on his unfair dismissal claim.

 

Cook v Building Research Establishment Ltd (UKEAT 0493/12) 

Daniella represented the respondent in the claimant’s appeal against a costs order made against him when he withdrew his claim on the first day of trial.

Contact

Overview

Year of call: 2007
Areas of specialism:
  • Business and Commercial
  • Employment and Discrimination
  • Public Access and Direct Access
Additional languages:
  • Spanish
Qualifications:
  • Bar Vocational Course 2007
  • Graduate Diploma in Law 2006
Professional associations:
  • Employment Lawyers Association
  • Personal Injury Bar Association