Daniel Brown considers the case of Ridley & Others v HB Kirtley t/a Queen’s Court Business Centre & Others [2024] EWCA Civ 884, in which the Court of Appeal examined if notices of appeal received on time by the EAT - but from which some of the required supporting documents were missing - should have been granted an appeal.
Clerk Details
- Clerk Name: Russell Porter
- Clerk Telephone: 01865 793 736
- Clerk Email: [email protected]
Overview
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.
Expertise
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Employment and discrimination Add this expertise to your shortlist 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.
EAT cases
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.
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Professional Discipline Add this expertise to your shortlist 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.
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Direct Access Add this expertise to your shortlist Daniel Brown is qualified to accept instructions directly from members of the public and professional clients under the Direct Access (or Public Access) scheme.
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Articles -
No rigid rules – the correct approach to deciding whether to extend time for appealing to the EAT
19th Aug 2024View Article -
Not a walk in the park: pleading and proving indirect discrimination
8th Jul 2024View ArticleDaniel Brown on the case of Boohene & Others v The Royal Parks Ltd [2024] EWCA Civ 583, which highlights what can go wrong in indirect discrimination claims when careful analysis of the issues and the inclusion of evidence to prove the case are missing.
This case also offers a useful analysis of the scope of s.41 Equality Act 2010 (‘EqA 2010’) (liability of principals in relation to contract workers).
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Social Work England violated a Social Worker’s Convention rights and unlawfully discriminated against her
3rd May 2024View ArticleDaniel Brown analyses Meade v (1) Westminster City Council & (2) Social Work England (Case Numbers: 2201792/2022 and 2211483/2022), in which the Employment Tribunal found that Social Work England seriously abused its power as a regulatory body, violating a Social Worker’s Convention rights and unlawfully discriminating against her.
This case is a useful reminder of the Supreme Court's confirmation in Michalak that the ET has jurisdiction to consider claims against professional regulators, unless a complaint about the matter in question may be pursued via a statutory appeal.
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Mental health considerations in dishonesty cases, time limits and costs
26th Oct 2023View ArticleDaniel Brown analyses the case of Dr Sun v General Medical Council [2023] EWHC 1515 (Admin), which examines the significance of a doctor’s mental health difficulties in the context of findings of dishonesty. The judgment discusses the law on time limits, and provides a helpful demonstration of how CPR 52.19 (applications to limit recoverable costs) may be applied in statutory appeals of this nature.
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The importance of Reynolds in discrimination cases
7th Jun 2023View ArticleDaniel Brown reviews the case of Alcedo Orange Ltd v Mrs G Ferridge-Gunn [2023] EAT 78 in which the EAT allowed an appeal against a finding that an employee’s dismissal was because of her pregnancy (contrary s.18 Equality Act 2010) on the ground that the ET had not considered Reynolds v CLFIS (UK) Ltd [2015] ICR 1010.
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An end to technical early conciliation arguments which lack substantive merit?
2nd May 2023View ArticleDaniel Brown analyses Sainsbury’s Supermarkets Limited v Clark & Others [2023] EWCA (Civ) 386 in which the Court of Appeal overruled E.ON Control Solutions Ltd v Caspall and Sterling v United Learning Trust and set out how arguments about non-compliance with Rules 10 to 12 of the ET Rules of Procedure, in relation to early conciliation, should be dealt with in future.
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‘Racially motivated’ or ‘racist’, what’s the difference?
30th Apr 2023View ArticleDaniel Brown reviews the case of Lambert-Simpson v HCPC [2023] EWHC 481 (Admin), a case in which the Health and Care Professions Council (HCPC) had to decide if a registered psychologist had made racially motivated comments on social media, thus impairing their fitness to practise.
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ET’s credibility findings unsafe due to misunderstanding of medical jargon
24th Jun 2022View ArticleDaniel Brown analyses Mr A Rehman v DHL Services Ltd [2022] EAT 90, a case which highlights the importance of making sure that technical terms are explained.
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The employment status of a company director in Rainford v Dorset Aquatics
10th Jan 2022View ArticleDaniel 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.
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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 Daniel Brown has a strong employment practice in areas including whistle-blowing and race discrimination claims. He is experienced in matters concerning historic allegations.
Strengths: "Daniel is my go-to. He's technically excellent and very personable."
"Daniel has fantastic knowledge and an ability to explain the law."
"Daniel is a very strong advocate and his technical legal knowledge is superb."
Chambers UK 2025/Employment/Midlands BarStrengths: “Daniel is an excellent barrister, who is engaging and has a strong rapport with clients.”
“He is always a safe, cost-effective option for counsel and a strong addition to any case.”
“Daniel is an excellent barrister, who is engaging and has a strong rapport with clients.”
“Dan is exceptional for his year of call and operates well beyond that. He is always a safe, cost-effective option for counsel and a strong addition to any case.”
“Daniel is very good with clients. He puts witnesses at ease, and explains things easily. Daniel is also an articulate and bright person whom you want on your side.”
Chambers UK 2024/Employment/Midlands Bar‘Daniel is able to assimilate information quickly and puts clients at ease with his knowledge and reassuring manner. On his feet Daniel is quick witted and persuasive.’
Legal 500 2025/Professional Disciplinary and Regulatory Law/Leading Juniors/London Bar‘Daniel's technical ability is unrivalled. He really gets to the crux of complicated issues and makes it look easy. He works tirelessly to ensure the right outcome is reached for clients and this really comes across with his style of advocacy which is always thinking ahead and putting the points across in such a way to ensure the desired outcome. He is excellent.'
Legal 500 2025/Employment/Leading Juniors/West Midlands Circuit‘He is a safe pair of hands in the employment tribunal and clients are comfortable with him.’
Legal 500 2025/Employment/Leading Juniors/London Bar'A junior who is impressively articulate and dynamic in his advocacy.'
Legal 500 2024/Professional Disciplinary and Regulatory Law/Leading Juniors/London Bar‘Daniel's advocacy style is confident and persuasive.’
Legal 500 2024/Employment/Leading Juniors/West Midlands Circuit'A confident and assured junior who provides pragmatic advice.'
Legal 500 2024/Employment/Leading Juniors/London Bar'Daniel has a great analytical mind, and his real strength is assessing papers in detail at pace. He practices beyond his year of call.’
Legal 500 2023/Employment/Leading Juniors/West Midlands Circuit‘Daniel was excellent. He engaged well with the client and provided a superb strategy to a difficult claim.’
Legal 500 2023/Employment/Leading Juniors/London Bar‘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
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3PB’s employment law team is celebrating another strong set of results in Chambers and Partners’ 2025 edition published today, with a total of 18 individual rankings for 16 of our employment barristers in London, Western, South Eastern and the Midlands Circuits While clients’ comments on our individual barristers once again testify to their dedication and excellence, our clerking team, led by Russell Porter, also attracts much praise and is seen as 'absolutely brilliant and going...
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3PB is delighted to announce 10 individual rankings for its Public and Regulatory law group across 4 Circuits (London, Midlands, Western and South Eastern). While the group sees 4 rankings confirmed for its Professional Discipline specialists in London and Western, its Inquests experts have retained 2 rankings. The Group’s Court of Protection barristers celebrate 2 new rankings in London, retaining 2 previous accolades in Midlands and South Eastern. This result, and the team’s commitment to...
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3PB barristers and its Employment and Discrimination team have cause for celebration as they are confirmed as a top tier team in the Western and South Eastern Circuits in the latest Legal 500 edition. Praised by clients as “‘an excellent set’ with an employment team ‘packed full of top-tier barristers’ and an excellent track record for advising across the full spectrum of employment law matters”, 3PB is regarded as “‘a chambers with a wide skill...
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Alex Leonhardt edits our August 2024 employment law newsletter, packed full with team news, we welcome Karen Moss as our new head of group and Andrew MacPhail as our new deputy head of group.
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Our newsletter includes analysis from Mathew Gullick KC, Rosa Thomas, Daniel Brown and Naomi Webber on the following cases:
- HMRC v Lees of Scotland Ltd [2024] EAT 120
- Bailey v (1) Stonewall Equality Ltd (2) Garden Court Chambers & Ors [2024] EAT 119
- Ridley & Others v HB Kirtley t/a Queen’s Court Business Centre & Others [2024] EWCA Civ 884
- Masiero & others v Barchester Healthcare PLC [2024] EAT 112
