Daniel Brown > Chambers of David Berkley KC > London, England > Barrister Profile

Daniel Brown

020 7583 8055 daniel.brown@3pb.co.uk View profile View profile

Work Department

Employment and Discrimination; Public and Regulatory

Position

Daniel is a specialist Employment and Discrimination barrister. He represents individuals, businesses and other organisations in Tribunal, Court and Professional Regulatory/Disciplinary proceedings. He is ranked as a ‘Leading Junior’ Employment barrister in London and the Midlands by Legal 500 and serves on the Employment Law Bar Association (ELBA) management committee.

Daniel has particular expertise in the healthcare sector, having advised and represented professionals including doctors, dentists, nurses and midwives as well as NHS Trusts, Regulators and Care Homes.

Employment and Discrimination 

Daniel has experience across the full spectrum of ET complaints but specialises in Equality Act 2010, whistleblowing and TUPE claims.

In the EAT, Daniel’s previous cases include appeals concerning: employment status, discrimination and victimisation, unfair dismissal, Regulation 14 of the Working Time Regulations 1998, costs, time limits and amendment, some examples of which are below.

Daniel has delivered training on topics including unfair dismissal and redundancy and, on behalf of ACAS, ‘TUPE in a day’ training to managers, company directors, HR professionals and others.

Daniel also has experience of defending employment claims in the civil courts, as well as representing both claimants and defendants in Goods and Services discrimination claims.

EAT cases

Daniel’s EAT cases include:

Field v Steve Pye and Co. (KL) Limited & Others [2022] EAT 68

Represented the Appellant in an appeal brought on various grounds including a challenge to the ET’s failure to apply the burden of proof in s.136 Equality Act 2010 correctly. The appeal was allowed and the case was remitted to the ET for a complete re-hearing before a different Judge.

Rainford v Dorset Aquatics Limited EA-2020-000123-BA

Represented the successful Respondent in an appeal brought by a company director and shareholder claiming to be an employee or worker of the Respondent company. The EAT upheld the ET’s conclusion that the Claimant was neither an employee nor a worker.

Leeds Teaching Hospitals NHS Trust v Dearing & Others UKEAT/0344/16/LA

Represented three Claimants in an appeal concerning the law on victimisation (section 27 Equality Act 2010). The appeal was brought by the Respondent against three successful claims. The EAT dismissed the appeal in respect of one of the claims and remitted the other two claims back to the same ET.

Beaumont v Costco Wholesale UK Ltd UKEAT/0080/15/DA

Represented the Claimant in an appeal against the ET’s judgment dismissing his unfair dismissal claim. The EAT allowed the appeal and ordered a fresh hearing of the unfair dismissal claim before a differently constituted ET.

Articles

Daniel has had the following employment law articles published:

Overview, Employment law (2015) 6 UK Supreme Court Yearbook 370
Overview: Employment law (2015) 5 UK Supreme Court Annual Review 318
Overview: Employment law (2014) 3(1) UK Supreme Court Review (Cambridge Journal of International and Comparative Law) 272

Daniel Brown is committed to protecting and respecting your privacy. Please contact Daniel for a copy of his privacy policy which sets out the basis upon which any personal data he may collect about you, or that is provided to him, will be processed by him. He will provide a copy of this policy to you within five working days of its request.

Public and Regulatory

Professional Regulatory/ Disciplinary proceedings

Daniel has advised and represented a wide range of healthcare professionals including doctors, dentists, nurses and midwives as well as NHS Trusts, Regulators and Care Homes in proceedings before the: General Medical Council/MPTS, General Dental Council, Health and Care Professions Council, Nursing and Midwifery Council, British Association for Counselling and Psychotherapy, the British Psychoanalytic Council and others.

Daniel has experience of cases involving allegations of misconduct, lack of competence/deficient professional performance, ill-health and criminal convictions/cautions and has handled numerous serious, lengthy and complex cases involving: patient deaths, serious harm, dishonesty, CQC inspections, multiple parties and contested expert evidence. In addition to substantive hearings, Daniel has appeared in many interim order applications, reviews, restoration applications, registration appeals and fraudulent entry hearings.

Daniel’s recent work also includes advising a healthcare regulator regarding amendments to its Fitness to Practise Procedure.

Daniel Brown is committed to protecting and respecting your privacy. Please contact Daniel for a copy of his privacy policy which sets out the basis upon which any personal data he may collect about you, or that is provided to him, will be processed by him. He will provide a copy of this policy to you within five working days of its request.

Direct Access

Daniel Brown is qualified to accept instructions directly from members of the public and professional clients under the Direct Access (or Public Access) scheme.

Career

Year of call 2012

Memberships

• Employment Law Bar Association
• Employment Lawyers Association
• Association of Regulatory and Disciplinary Lawyers

Education

• LLB (Hons) University of Nottingham
• BPTC Nottingham Law School – Very Competent
• Shoosmiths’ Prize (2010) – awarded by the University of Nottingham for an outstanding contribution to the School of Law