Declan O’Dempsey

Barrister, Cloisters

Declan specialises in sensitive and difficult employment, discrimination, public and regulatory law.  His practice includes all aspects of employment law including the  fiduciary duties of agents and  directors and  injunctions, trade union cases and  data protection law. He has been consistently recommended as a leading employment junior by Chambers and Partners for over 14 years.  He undertakes public access scheme work.

He was in  Homer v West Yorks Chief Constable ; the  Heyday case ; intervened for the EHRC in  Seldon in the Employment Appeal Tribunal and for Age UK in the Supreme Court and acted in  Coleman v Attridge Law. He acted for the Claimants in  Bent v Central Manchester University Hospital Trust  (concerning the correct construction of the Agenda for Change contracts of NHS staff) and intervened in  X v Mid Sussex CAB  (the scope of protection against discrimination for volunteers) in the Supreme Court.

His discrimination practice includes advising and representing in goods and services cases.  Along with Catherine Casserley, Barbara Cohen and Caroline Gooding, he wrote the EHRC’s statutory code on  Services, Public Functions and Associations .  In 2013 he has been co-writing the Age discrimination supplement to that Code for the EHRC.

He acts in administrative law cases for individuals and councils, advising on matters affecting councillors, politicians, businesses and public bodies. He has particular expertise in relation to the application of the Equality Duties and is one of a team of 4 drafting the controversial new  Public Sector Equality Duty Statutory Code  for the EHRC under the Equality Act 2010.

He advised the CRE on Code of Practice on Racial Equality in Employment (2005), and on their Formal Investigation into the Prison Service (2004).