Daniel Brown reviews Rainford v Dorset Aquatics Limited (EA-2020-000123-BA), a case which demonstrates that the mere fact that a director has done work for and received payment from a company will not always be sufficient to establish a worker or employment relationship.
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 -
The employment status of a company director in Rainford v Dorset Aquatics
10th Jan 2022View Article -
That was not put!
2nd Nov 2021View ArticleDaniel Brown reviews P2CG Limited v Davis (Appeal No. EA-2019-000762-AT), a judgment that provides useful guidance as to the matters to be considered when an allegation is not put to a witness in court.
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When is a belief not worthy of respect in a democratic society?
7th Jul 2021View ArticleDaniel Brown analyses the landmark case of Forstater v CGD Europe & Others UKEAT/0105/20/JOJ, in which the London EAT found Maya Forstater's view of transgender people to be protected as a “philosophical belief” under the Equality Act.
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Can an individual be a ‘worker’ if they are not obliged to accept any work at all?
10th Jun 2021View ArticleCan an individual be a ‘worker’ if they are not obliged to accept any work at all?
Daniel Brown analyses the decision in Nursing and Midwifery Council v Somerville UKEAT/0258/20/RN(V), which puts the spotlight on the Uber judgment and its impact on determining employee/worker status, in this case for one of the numerous regulatory bodies that operate panels of individuals to determine allegations of professional misconduct.
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Can a dismissal without any procedure be fair?
8th Sep 2020View ArticleCan 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. -
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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Recommendations ‘Great manner with clients and very good at giving clear and thorough explanations and reasoning. Extremely helpful and genuinely interested in the progress of matters and in achieving good outcomes for clients.’
Legal 500 2022/Employment/Leading Juniors/London Bar
‘Daniel puts witnesses, including those with disabilities, at their ease and client feedback is that he is a sound advocate.'
Legal 500 2022/Employment/Leading Juniors/Midlands Circuit
Legal 500 rankings
- Leading Junior 2022
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.
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