Year of Call: 2008
Areas of Practice
- Administrative
- Employment law
- Property
David J P Hay
David trained and subsequently practised as a solicitor in the civil litigation department of a local authority. As a solicitor he apppeared in the Sheriff Court (at first instance and on appeal to the Sheriff Principal) and in Employment Tribunals. He was a Depute Clerk / Legal Assessor at Renfrewshire District Court.
Since calling in 2008, David has had a busy time, with instructions to appear in cases in the Sheriff Court, Employment Tribunal, Employment Appeal Tribunal and the Outer and Inner Houses of the Court of Session. He represents local authorities and private businesses in Employment Tribunals as well as individuals. He has particular experience in the complex equal pay litigation facing Scottish local authorities, having been instructed to work alongside senior counsel in respect of two local authorities' equal pay claims. He is also a committee member of the Faculty of Advocates Employment Law Group.
David has was involved in the preparatory work for the Fingerprint Inquiry Scotland, the inquiry arising out of the internationally reknowned Shirley McKie case which is being chaired by Rt Hon Sir Anthony Campbell, the former President of the Northern Ireland Court of Appeal. For more information on this Inquiry click here (this link may take you away from the Westwater Advocates website).
He has tutored undergraduate students at Edinburgh University in delict and continues to tutor trainee solicitors in the Professional Competence Course run by the Society of Writers to the Signet.
David will continue to develop his civil practice at the Bar, with particular emphases on all aspects of employment law, administrative law and property.
In addition to his instructions at the Employment Tribunal, David has been involved in several employment appeals:
Cases at the Inner House:
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Sneddon v Carr Gomm Ltd - Unfair Dismissal - misconduct - whether ET erred in holding employer had not conducted sufficient investigation into allegations of misconduct before dismissal. http://www.scotcourts.gov.uk/opinions/2012CSIH28.html
Cases at the EAT:
- Allma Construction Ltd v Laing - Unfair Dismissal - compensation - whether ET erred in level of reduction of compensation for contribution. http://www.bailii.org/uk/cases/UKEAT/2012/0041_11_2501.html
- Ventrac Sheet Metals Ltd v Fairley - Unfair Dismissal - whether ET erred in declining to make a Polkey reduction to compensation on grounds that to do so would be to speculate. http://www.bailii.org/uk/cases/UKEAT/2011/0032_10_2601.html
- Allma Construction Ltd v Bonner [2011] IRLR 204 - whether binding agreement reached between parties' representatives to settle ET claim; whether conciliation officer had 'taken action' in relation to such an agreement. http://www.bailii.org/uk/cases/UKEAT/2010/0060_09_1205.html
- City of Edinburgh Council v Dickson - Unfair Dismissal/Disability Discrimination - whether ET decision that dismissal unfair due to employer's failure to consider employee's explanation of misconduct in relation to diabetes perverse; whether decision that dismissal both direct and disability related discrimination an error of law. http://www.bailii.org/uk/cases/UKEAT/2009/0038_09_0212.html
- KRD Property Maintenance v O'Donnell - Unfair Dismissal - whether ET decision that claimant unfairly dismissed perverse. http://www.bailii.org/uk/cases/UKEAT/2010/0016_10_0211.html
- Chivas Bros Ltd v Millar - whether employee who had been accepted for ill-health retirement entitled to contractual notice pay. http://www.bailii.org/uk/cases/UKEAT/2011/0032_10_2601.html
Mobile: 07812 064062
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