Employment and Discrimination; Public and Regulatory

Daniel is a specialist Employment, Discrimination and Professional Discipline barrister. He represents individuals, businesses and other organisations in Tribunal, Court and fitness to practise proceedings.

Daniel is ranked as a 'Leading Junior' Employment and Professional Discipline barrister and serves on the Employment Law Bar Association (ELBA) management committee. Daniel is also the Deputy Head of 3PB’s Professional Discipline team.

Daniel has 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.

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

Daniel has delivered training on topics including unfair dismissal, 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.

Daniel’s EAT cases include:

B.L.I.S.S Residential Care Ltd v Fellows [2023] IRLR 528: Appeal about the significance of errors made by a Claimant’s legal representative in an application to extend time for the purpose of an unfair dismissal claim.

Earl Shilton Town Council v Miller [2023] IRLR 352: Appeal concerning the meaning of ‘inherent discrimination’.

Field v Steve Pye and Co. (KL) Limited & Others [2022] IRLR 948: 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.

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.

Daniel is the Deputy Head of 3PB’s Professional Discipline team.

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, Social Work England and others. In addition, Daniel has experience of Teaching Regulation Agency proceedings.

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 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.

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

Year of call 2012