Can a dismissal without any procedure be fair?
Daniel Brown reviews Gallacher v Abellio Scotrail Limited, a relatively rare case in which the employer decided, prior to dismissal, that a procedure would serve no useful purpose and the ET agreed.
Employment and discrimination
Daniel has broad experience of ET proceedings, including unfair dismissal, wages, breach of contract and whistleblowing claims. He has particular expertise in discrimination claims and is experienced in handling cases involving multiple Claimants and/or Respondents.
Daniel’s TUPE experience includes acting for employers, groups of employees and the Claimant in a case in which it was argued that the reason for dismissal was a TUPE transfer 10 years before the effective date of termination. He has also worked with ACAS to deliver ‘TUPE in a day’ training to managers, company directors, HR professionals and others.
In the EAT, Daniel’s previous cases include appeals concerning: discrimination and victimisation, unfair dismissal, Regulation 14 of the Working Time Regulations 1998, costs and amendment, some examples of which are below. Daniel’s appellate experience also includes drafting applications for permission to appeal to the Court of Appeal.
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:
Leeds Teaching Hospitals NHS Trust v Dearing & Others UKEAT/0344/16/LA
Daniel 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
Daniel 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.
Dr Rajaratnan v Care UK Clinical Services Ltd UKEAT/0435/14 & UKEAT/0076/15
Appeal involving various legal issues including indirect sex discrimination and costs.
Thomas v Samurai Incentives and Promotions Ltd UKEAT/0006/13/RN
Appeal concerning the principles governing applications to amend an ET1.
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.
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Articles -
Can a dismissal without any procedure be fair?
8th Sep 2020View Article -
Post-termination Restrictive Covenants & Constructive Dismissal
2nd Jun 2020View ArticlePost-termination Restrictive Covenants & Constructive Dismissal - Square Global Limited v Leonard [2020] EWHC 1008 (QB)
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Daniel Brown and Rebecca Farrell review court decision on Carluccio’s administration
23rd Apr 2020View ArticleFollowing the recent decision of Re Debenhams Retail Ltd (In Administration) [2020] EWHC 921 (Ch) which applied Re Carluccio’s Limited [2020] EWHC 886 (Ch), 3PB’s specialist Employment and Commercial Barristers Daniel Brown and Rebecca Farrell join forces to review the Carluccio’s decision.
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Employment Law Case Summaries
7th Apr 2020View ArticleEAT Case Summaries by Daniel Brown and Naomi Webber.
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Is a belief that there are only two sexes and that it is impossible to change sex a belief protected by the Equality Act 2010?
6th Jan 2020View ArticleIs a belief that there are only two sexes and that it is impossible to change sex a belief protected by the Equality Act 2010? - Daniel Brown analyses Forstater v CGD Europe & Others
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Forbes v LHR Airport Limited UKEAT/0174/18/DA: Offensive image shared on Facebook not ‘in the course of employment’ (s.109 Equality Act 2010)
2nd Aug 2019View ArticleForbes v LHR Airport Limited UKEAT/0174/18/DA: Offensive image shared on Facebook not ‘in the course of employment’ (s.109 Equality Act 2010) - An analysis by Daniel Brown.
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Tillman v Egon Zehnder Ltd [2019] UKSC 32: The Supreme Court gives its view on restrictive covenants
1st Aug 2019View ArticleTillman v Egon Zehnder Ltd [2019] UKSC 32: The Supreme Court gives its view on restrictive covenants - an analysis by Daniel Brown
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Series of deductions: a new chapter?
1st Jul 2019View ArticleSeries of deductions: a new chapter? Daniel Brown analyses Chief Constable of the Police Service of Northern Ireland & Northern Ireland Policing Board v Agnew & Others [2019] NICA 32
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Injury to feelings and the need to focus on the particular Claimant
7th Jun 2019View ArticleInjury to feelings and the need to focus on the particular Claimant: Daniel Brown analyses Base Childrenswear Limited v Otshudi UKEAT/0267/18/JOJ
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Academic qualifications
- 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
Professional bodies
- Employment Law Bar Association
- Employment Lawyers Association
- Association of Regulatory and Disciplinary Lawyers
- Member of the British Fencing Disciplinary Panel
Direct Access
Daniel Brown is qualified to accept instructions directly from members of the public and professional clients under the Direct Public Access scheme.
More InformationRelated Articles
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Daniel Brown has edited 3PB's October Employment and Discrimination newsletter, including contributions from Matthew Curtis, Sarah Clarke, Simon Tibbitts, Stephen Wyeth, Karen Moss, Grace Boorer, Lachlan Wilson, Grace Nicholls, Andrew MacPhail and Charlotte Hadfield. The newsletter brings you 3PB news, recordings as well as our case and legal analysis. You are also invited to register to attend our 8 October webinar on injunctions, restrictive covenants and team moves. Click here to view the newsletter. News...
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3PB employment and discrimination barristers Daniel Brown and Grace Nicholls sum up the likely implications of the changes to the rules surrounding Employment Tribunals. Last week the government announced a raft of changes to increase flexibility within the Employment Tribunal system with the objectives of hearing more cases, opening up court space, swifter resolution of claims for employees and employers, deployment of a greater range of judicial expertise and greater use of virtual hearings. In...
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3PB Barristers specialist employment and discrimination barristers Lachlan Wilson and Daniel Brown have just delivered the webinar, “Preparing for redundancies” to over 200 employment lawyers. Recent figures showed 300,000 redundancies in the UK simply during June and July 2020. Next month -October – sees the Coronavirus Job Retention Scheme (CJRS) goes down to 60% of wages with employers contributing 20% and finishes at the end of the month. Many companies face continued drop off in...
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