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.

Reported cases include:

Age discrimination

• Woodcock v. Cumbria PCT EWCA Civ 330; I.C.R. 1126; I.R.L.R. 491;  Eq. L.R. 463; Times, June 21; on when age discrimination can is justified.
• Court v. Dennis Publishing (IDS Brief 840, November) Age discrimination in redundancy.
• Selden v. Clarkson Wright and Jakes  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) on whether mandatory doctorate requirements are unlawfully age discriminatory.

Collective agreements  

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

Contracts of employment

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

Unfair dismissal

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

Race discrimination

• Nazir v. Aslam & Others 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 IRLR 956 (QB) – Contract of employment, duty of mutual trust and confidence; doctor – breaches of procedure including internal appeal.

Deshpal is a leading employment Silk with over 22 years’ experience in dealing with complex employment matters at the cutting edge of the law. He is an ACAS trained investigator with extensive experience in the conduct, practice and law of investigations.

Described by the directories as ‘Incredibly bright’, ‘Brilliant at getting to the heart of matters speedily’ and  ‘Excellent with clients’, he is noted for his ability to deal clearly with complex evidence and his exceptional cross examination and questioning skills. He is further noted for his outstanding work ethic and sure hand in dealing with complex matters, being described as ‘the barrister of choice for a complex case’.

His expertise and reported cases span all forms of discrimination including Race and Sex, Religion and belief,  age and disability discrimination as well as in relation to whistleblowing and victimisation.

Recent investigation and cases work include:

• A very wide ranging and complex investigation of bullying and harassment in relation to the senior leadership of a national institution, involving multiple parties, allegations of bullying and harassment on social media, fundamental issues of free speech and democratic process.
• An investigation of the health and safety issues at a leading school involving a review of the practices of teachers and safety of students.
• The reported cases of Singh v Cadent Gas [2020] IRLR (with regard to the role, scope and liability of investigators), Fanutti v University of East Anglia [2017] WLUK 279 with regard to investigations in universities.
• Recent first instance cases testing the integrity of investigations include Matar v Imperial College Healthcare NHS Trust (investigations of surgeons in clinical matters) McDermott v Sellafield  (investigations of allegations of bullying, harassment and sex discrimination in the nuclear industry) Howard v IPCC (investigations in race discrimination in relation to Independent Police Complaints Commission) Unison v Kelly (investigation in Unions of , race and religion and belief discrimination as well as and trade union detriment) as well as multiple cases in relation to the police.

He is the former Chair of the Employment Law Bar Association, sits on the ethics committee of the Bar Council regularly dealing with complex ethical issues, and is Chair of the Employment Appeal Tribunal User’s Group.

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).
• “Prepares his cases in a meticulous way. He is Razor sharp and willing to assist at all times” (Chambers and Partners).
• “Well liked by clients and very responsive” (The Legal 500)
• “Exceptionally well prepared” (The Legal 500).
• “Admirable client care skills” (Chambers and Partners).

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

• Event: Rebecca Tuck QC and Deshpal Panesar QC to speak at the Michael Rubenstein/TUC Discrimination Law Conference 2022
• Event: OSC members to speak at Daniel Barnett’s webinar “30 Employment Lawyers on 30 Employment Law Topics”
• Event: Deshpal Panesar QC and Betsan Criddle speaking at Michael Rubensteins “Discrimination Law in 2021” conference
• Event: 4 OSC Silks speaking at “22 QCs on the Hot Employment Law Issues 20-21”
• Silks Day 2020