Deshpal Panesar QC

A supremely effective advocate both in the employment tribunal and appeal courts in all aspects of employment and discrimination law.  He is consistently praised for his sure handling of clients, his firm grasp on a case and above all his ability to achieve excellent results in court. He works closely as a team with solicitors and lay clients, bringing exceptional commitment and experience to each case.

He has a particular special interest in age discrimination, having appeared in some of the first successful age discrimination cases including Woodcock v Cumbria PCT, Court v Dennis Publishing and advising in Selden v Clarkson Wright and Jakes.  He is further well known for disability discrimination and appears in doctors’ disciplinary cases.

Deshpal studied law at the London School of Economics. Having  grown up in Northern Ireland, his interest in employment and discrimination law started when he  co-annotated the Fair Employment (Northern Ireland) Act 1989 for Sweet and Maxwell some of the earliest legislation outlawing religious discrimination. After being called to the Bar he was a member of 13 Kings Bench Walk building a thriving employment practice before being invited to join Old Square Chambers in January 2006.

Deshpal lectures widely on employment and discrimination law.

Recent reported cases include:

Age discrimination

• Woodcock v. Cumbria PCT [2012] EWCA Civ 330; [2012] I.C.R. 1126; [2012] I.R.L.R. 491; [2012] Eq. L.R. 463; Times, June 21, 2012; on when age discrimination can is justified.
• Court v. Dennis Publishing (IDS Brief 840, November 2007) Age discrimination in redundancy.
• Selden v. Clarkson Wright and Jakes [2012] I.C.R. 716 on age discrimination, compulsory retirement and justification, in which case he provided the first advice.
• Games v. University of Kent (Times Higher Education Supplement 2013 27.06.13) on whether mandatory doctorate requirements are unlawfully age discriminatory.

Collective agreements  

• Gilgrove Ltd & Another v. Hay & Others [2013] EWCA Civ 412, [2013] ICR 1139, on the enforceability of traders collective agreements.
• George v. Ministry of Justice [2013] EWCA Civ 324 on the principles of construction of collective agreements generally.

Contracts of employment

• Qantas Cabin Crew (UK) Ltd v. Lopez and Hooper [2013] I.R.L.R. 4, on airline staff contracts of employment and the doctrine of mistake.

Trade unions

• Kelly and Others v. Unison [2012] I.R.L.R. 442 on trade union discipline, and religion and belief discrimination.

Unfair dismissal

• Bowater v. Northwest [2011] EWCA Civ 63; [2011] I.R.L.R. 331; (2011) 118 B.M.L.R. 163.

Race discrimination

• Nazir v. Aslam & Others [2010] I.C.R 1225 on the burden of proof in race discrimination.

Deshpal’s experience in employment and discrimination law is of considerable assistance in his professional discipline practice. He has particular experience in cases involving professionals in the healthcare industry and has extensive experience of acting on behalf of a wide range of NHS Trusts as well as professionals.

Deshpal has appeared on professional disciplinary matters in Employment Tribunals, the Employment Appeal Tribunal, The Health and Care Professions Council, the GMC and has had the benefit of being junior to John Hendy QC in respect of numerous doctors’ disciplinary matters in the Queen’s Bench Division. Most notably in Lakshmi v. Mid Cheshire Hospitals NHS Trust [2008] IRLR 956 (QB) – Contract of employment, duty of mutual trust and confidence; doctor – breaches of procedure including internal appeal.

Deshpal specialises in employment law. He is a skillful adviser with many years of experience providing advice and support to companies and individuals in employment matters. Recent training for employers and managers includes:

• High Heels and Headscarves: the changing fashion of discrimination and dress codes in the work place
• Disability discrimination for managers
• Age discrimination and retirement.

Deshpal is ranked as a leading junior in both The Legal 500 and Chambers and Partners. Recent comments about him in the legal directories include:

• “An excellent advocate, whose cross examination always yields results; he is someone you can always rely on” (The Legal 500  2017).
• “Prepares his cases in a meticulous way. He is Razor sharp and willing to assist at all times” (Chambers and Partners 2016).
• “Well liked by clients and very responsive” (The Legal 500 2015)
• “Exceptionally well prepared” (The Legal 500 2014).
• “Admirable client care skills” (Chambers and Partners 2012).

Deshpal regularly advises companies and institutions from the smallest to multinational ones. He acts for both employers and employees. He has an in-depth knowledge of disciplinary proceedings and extensive experience acting for commercial organisations, healthcare institutions and educational institutions including universities.

He specialises in taking complex legal and factual situations and providing a clear analysis and strategy for the best possible outcome.

He accepts direct access instructions.

• Games v University of Kent
• GMB & Ors v Remploy & Ors
• Mihaj v Sodexo Limited
• Udwin v National Gallery
• Mbuyi V Newpark Nursery

• Woodcock v. Cumbria PCT

  An employment tribunal had been entitled to find that, although an employee’s age had been the reason for his dismissal without proper consultation, the dismissal had been justified because it…

• Unison v. Kelly (Court of Appeal)

  This is an appeal from Unison v Kelly [2012] IRLR 442, heard in the EAT.   The ET had found that the respondent members had been unjustifiably disciplined contrary to…

• Garry Hay & Others v. (1) Gilgrove Ltd (2) C&C Fruit & Veg Ltd

  A collective agreement that prescribed the distribution of “porterage” payments between registered porters at a fruit and vegetable market could not sensibly be interpreted to mean that, in later circumstances…

• Laura Bowater v. Northwest London Hospitals NHS Trust

  An employment tribunal had been entitled to find that the summary dismissal of a nurse for making a lewd comment during restraint of a patient was unfair and outside the…

• George v. Ministry of Justice (Court of Appeal)

  When will a collective agreement be incorporated into a contract of employment? When is such a term apt for incorporation into a contract? Are the preceding negotiations relevant?   George…

• Lakshmi v. Mid Cheshire Hospitals NHS Trust

  An employer was in breach of contract for failing to adjourn a disciplinary hearing, contrary to its disciplinary policy, and thereby in breach of contract for dismissing the employee at…

• Event: 4 OSC Silks speaking at “22 QCs on the Hot Employment Law Issues 20-21”
• Silks Day 2020
• The Justice Papers – Fighting for Rights (The Bar Council)
• Event: Discrimination Masterclass – 12th February 2020
• Four Members of Old Square Chambers to be Appointed Queen’s Counsel