Daniel Matovu

Call: 1985

Expertise

Employment
Health & Safety
Personal Injury

Practice Profile

I started to practise at the Bar in London from 1987 at Farrar’s Building, Temple (having successfully completed my pupillage there), doing a broad range of mixed general common law work including employment. Since 1997 I have been concentrating on developing an exclusively civil practice (other than related health & safety prosecutions).  In 2001 I moved to 2 Temple Gardens with a view to specialising in employment and employment-related fields.

 

Employment

Daniel's initial employment experience was with the Free Representation Unit during his pupillage.  One FRU case brought him his first appearance alone in the Court of Appeal.  Thereafter he turned to representing respondents, particularly British Rail and Sealink (instructed by Richards Butler).  Following privatisation he continued to act for various railway companies, including Connex, South West Trains, Balfour Beatty Rail Maintenance and Thameslink (instructed principally by Kennedys or Vizards Oldham).  He was also regularly instructed in employment tribunal cases on behalf of the John Lewis Partnership.

He now acts for both applicants and respondents in all areas of employment law, such as unfair actual or constructive dismissal, all forms of discrimination, unlawful deductions of wages, employment related contractual claims, redundancy, transfers of undertakings. 
 

He is a regular speaker at employment seminars organised by leading training providers such as CLT, ELA, IDS, Law Society’s Local Government Group covering a variety of topics: positive action under RRA as amended, stress claims in relation to the DDA, employment law update for voluntary sector, Sexual Orientation Regs 2003, flexible working, disability and illness dismissals, redundancy procedures and non-pecuniary losses.  Daniel has chaired CLT conferences on employment law.  He has lectured at seminars hosted by Norton Rose, Olswang, Nabarro Nathanson & Vizards Oldham, and at a discrimination law conference for local authorities.  He has assisted the ELA as a trainer on its advocacy training course for employment tribunals.

 

Personal Injury

My considerable experience of personal injury law and health & safety prosecutions further complement my employment law practice as regards, for example, stress and bullying claims, the full scope of employers’ duties under statute and at common law, the quantification of both financial and non-pecuniary losses including pension claims by the multiplier/multiplicand approach using the Ogden tables and by other means.

Notable Cases

Cootes v John Lewis (2001 EAT): successfully defending Partnership Dress Code against sex discrimination claim challenging requirement to wear female uniform;

Watson v John Lewis (2001): successfully defending Partnership Dress and Appearance Code against sex discrimination claim challenging ban on beards at Waitrose branch;

Ireland v South West Trains (2002 EAT):  overturning unfair dismissal finding where employee dismissed for breach of company’s Alcohol & Drugs Policy;

Thameslink v Harriott (2002 EAT): granted permission at preliminary hearing to appeal against 36-page reserved decision as to whether unfairness of dismissal at disciplinary stage adequately cured by internal appeal (case subsequently settled) – case also raised issue as to whether requiring employee to submit to drugs test breached his human rights under Art 8 of the Convention;

RR Transport v Sincock (2002 EAT):  granted permission at preliminary hearing to appeal against sex discrimination finding re selection of female employee for redundancy (case subsequently settled);

Padley v Theed (2002 EAT): successfully defended majority decision to allow applicant to amend IT1 by adding race discrimination claim;

Jenkins v Legoland (2003 EAT): finding of disability discrimination substituted re presentation of lego model to disabled employee (took on case on behalf of Bar Pro Bono Unit opposed by Clifford Chance) – subsequently won over £20,000 for applicant at remedies hearing;

Connex v Bangs (2004 EAT): successfully appealed against reserved decision on grounds of delay in promulgation of the decision;

First Choice v Mallam (2004 EAT): unsuccessful appeal against unfair dismissal finding with regard to inadequate redundancy consultation where employer failed to consult with employee about the removal of his post in proposed reorganisation of his department, though partially successful to limited extent with regard to reducing quantum.

Connex v Bangs (2005 CA) reported at [2005] ICR 763:  CA allowed appeal of Mr Bangs notwithstanding that Court paid tribute to the “excellent arguments” presented in support of the respondent’s case and “Mr Matovu’s impressive advocacy” (per Mummery LJ at paras. 38, 53) – subsequently petition for leave to appeal to HL granted on 4.5.05 [2005] ICR 1161.

Additional Information

Affiliations

• Employment Lawyers Association,
• Employment Law Bar Association, London Commercial and Common Law Bar Association, Bar Pro Bono Unit (employment), PIBA.

 

Awards

• Awarded Pegasus Scholarship by the Inner Temple – seconded to leading Australian law firm, Minter Ellison, in Melbourne (1990-1).

 

Interests

• Music, dancing, safari and all sports – formerly a regular jazz cabaret singer whilst at university and subsequently at the Bar, having performed at the Savoy, Café Royal, Barbican, Royal Albert Hall and abroad in Palma, Majorca, Munich, Germany and at Fontainebleau, France.  Also performed solo at the Inner Temple Millennium Celebration in Inner Temple Hall attended by the Princess Royal and at ABTA conference in Greece (2000).  Won athletics half-blue at Oxford. Committed Christian.