David McIlroy

Call 1995
Email david.mcilroy@3pb.co.uk
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Employment

David has an understanding of employment relationships in a number of different fields, with particular expertise in the local authority, higher education, charitable and transport sectors. He is familiar with whistle-blowing allegations which are increasingly made in such contexts.

David is an expert on TUPE, particularly on questions relating to employees’ rights in the context of insolvency (either actual or potential). He lectures frequently on this topic to both solicitors and accountants.

David also has considerable experience in the most common forms of discrimination allegation – race, sex and disability, he also has expertise in age discrimination, religious discrimination and part-time workers’ rights.

Unfazed by factual, legal or mathematical complexities, he is well-versed in handling document-heavy cases and in evaluating high value claims requiring pension calculations. David is deputy leader of the 3PB Employment Law group.

Notable cases

In 2009, David represented two senior local government employees who brought whistle-blowing claims, as well as defending a number of different organisations against serious allegations of race and sex discrimination.

He was involved in one of the first Employment Appeal Tribunal cases which considered the application of the 2006 TUPE Regulations to administrations.

David has also appeared in the Employment Appeal Tribunal in the following cases:

• Mansi v Warne and Straw EAT/853/02. EAT. Unfair Dismissal. TUPE.
• Milner v University of Greenwich EAT/882/02. EAT. Sex Discrimination.
• ACSL v Laing and Singh UKEAT/238/03/RN. EAT. Unfair Dismissal.
• Simms v Sainsburys Ltd UKEAT/0548/04. EAT. Disability Discrimination.
• Centrewest Buses Ltd v Aron UKEAT/0268/05. EAT. Race Discrimination.

Indicative Articles

• ‘The Enforcement of Covenants in Restraint of Trade in Severance and Compromise Agreements’ (2009) Employment Law Association Briefing
• ‘TUPE and the transfer of insolvent companies’ (2007) Employment Law Association Briefing