13KBW

Daniel Hobbs

Date of Call 1998

 

RANGE OF EXPERIENCE

Daniel specialises in the fields of employment and personal injury law.  He also undertakes general contract/commercial work. 

 

QUALIFICATIONS

1997-1998:    ICSL Bar Vocational Course: (Very Competent)

1994-1997:    University of East Anglia LLB (Hons): (IIi)

 

CAREER PATH

Daniel was called to the Bar in October 1998.  He became a tenant of 169 Temple Chambers after completing his pupillage in 1999 and joined 13 KBW in August 2011. 

 

PROFESSIONAL PRACTICE EXPERIENCE

Employment Law

Daniel represents employers and employees in contentious and non-contentious matters arising out of their employment relationships.

With regards contentious matters, he represents Claimants and Respondents/Defendants before the Employment Tribunal, Employment Appeal Tribunal and the courts.  He also participates in alternative methods of dispute resolution (notably mediation).  He has delivered lectures and written articles on employment law.

Daniel has extensive experience of bringing and defending unfair dismissal and wrongful dismissal claims.  He has conducted numerous claims in the fields of Race, Sex (including Equal Pay) and Disability Discrimination.  He has conducted claims based upon discrimination on grounds of age, religious belief and sexual orientation.

He is commonly instructed in disputes involving employee competition, restrictive covenants and misuse of confidential information.  He also advises parties in respect of their health and safety at work obligations in the context of workplace stress and harassment.

With regards non-contentious matters, Daniel advises employers on handling internal employment issues such as grievance and disciplinary matters.  He also drafts employment contracts, staff handbooks and other linked materials.  He advises upon the staffing implications of business transfers (TUPE issues).

Personal Injury

Daniel has over 12 years experience of dealing with personal injury claims.  He covers the full spectrum including accidents at work, road traffic accidents (including credit hire issues), fatal accidents, accidents on boats and airplanes, accidents on the highway and accidents on private property.

Accidents at work are his particular strength and he has a keen interest in the regulatory framework governing such accidents.

The cases he has undertaken are commonly those allocated to the multi-track or fast track and he often undertakes Claimant work on a conditional fee basis. 

 

REPORTED CASES

  • Wodson Park Sports and Recreation Association v West EAT/0219/02.  Unless an alleged transferee actually operates the 'undertaking' in its own hands the undertaking cannot transfer under TUPE.  Counsel in ET and EAT.
  • United Guarding Services Ltd v St James Ltd EAT/0770/03 (and Harvey's Bulletin No. 313, Aug 2004).  This case indicates when an absent employee may be considered assigned to the undertaking for the purposes of TUPE.  Counsel in ET and EAT.
  • Scotts Co (UK) Ltd v Budd [2003] IRLR 145, [2004] ICR 299 (EAT).  Statutory rights during notice, given by the ERA 1996 (ss.86-91) contain one Achilles' heel where contractual notice exceeds the statutory requirement by 'more than 1 week'.  Counsel in ET and EAT.
  • Pennwell Publishing (UK) Ltd v Ornstien and others [2007] IRLR 700, [2007] EWCH 1570 (QB).  When an employee (journalist) keeps a list of contacts and updates it on his employer's computer system the list is likely to form part of the employer's proprietary confidential information.  Counsel at injunctive proceedings.
  • Patel v Marquette Partners (UK) Ltd ICR 569 (EAT).  A 'declaration' by HMRC that tax is due upon employee earnings will oust the employment tribunal's jurisdiction to determine whether a subsequent deduction from earnings on account of the potential tax liability was lawful.  Counsel at employment tribunal.
  • Lancaster v TBWA Manchester EAT/0460/10.  An adjustment under the DDA is unlikely to be reasonable and/or required of an employer if it is unlikely to prevent the effect in relation to which the duty is imposed.   

 

OTHER PROFESSIONAL ACTIVITIES

Lincoln's Inn.
The Employment Law Bar Association.
The Personal Injuries Bar Association.
The Free Representation Unit. 

 

INTERESTS                             

Daniel enjoys theatre and has provided lighting design for productions at the Southwark Playhouse.  He plays the drums, enjoys rugby and has recently restored a classic Italian motorbike.