DAMIAN BROWN QC
The "much in demand" Damian Brown
comes highly recommended for his specialist injunction work on strikes and industrial action, as well
as his commercial experience particularly in the sphere of business
Damian has also been involved in significant NHS
injunctive work in disputes between Trusts and senior employees including the
ground breaking case of Kulkarni v. Milton Keynes NHS Trust IRLR 289 and Lu v. Nottingham. His regulatory experience also crosses
over into sports work.
Clients appreciate his "thorough knowledge of
employment law and his keen appreciation of what judges will respond to”and is "commercial and a good negotiator”. Consistently
identified in Chambers & Partners and the Legal 500 as a leader in his
field, he isdescribed in the following terms:
outstanding results in a pressurised timetable." (Legal
- "A creative thinker who
establishes a rapport with the client quickly." "He has a strong
background in labour relations law." "Really good on team moves, he's
a good tactician."
- "Fantastic, tactically sound barrister" (Chambers &
- "excellent client handling skills" (Chambers &
- "practical, down-to-earth and highly
reassuring to clients" (Chambers & Partners 2013)
- "instinctively knows when to fight and when to
negotiate"(Chambers & Partners 2012)
- "good at focusing on the issues that
matter" (Legal 500)
- "thoroughly deserves his elevation" (Legal 500)
Damian was Chair of the Employment Law Bar
Association, a former member of the Bar Standards Board Professional Conduct
Committee and a member of the Equality & Human Rights Commission Panel of
Damian has security clearance at SC level and has
rights of audience before the Dubai International Financial Centre (DIFC)
Damian is also in the
"All-Time Top 40 Advocates" in the Equal Opportunities Review of IRLR
reported cases and lectures regularly.
- In injunctions Damian’s experience covers industrial action, business
protection and professional discipline/regulation.
- In industrial action he has been involved in many of the significant
disputes over the last 20 years for both sides of industry. Reported cases
include University College London Hospital v. Unison  IRLR 31, Westminster City
Council v. Unison  IRLR 524 both on balloting provisions and the most recent
authority on picketing Gate Gourmet v. TGWU  IRLR 881.
He was also involved in the Lindsey Oil Refinery dispute (the `British jobs for
British workers’ dispute) as well as cross-border disputes involving EU law. He
has appeared in the CAC in several recognition disputes.
- In relation to business protection cases he has dealt with all aspects
of interim relief including computerimaging orders and freezing
injunctions. He recently represented a defendant in the 3 week High Court trialLonmar v. SBJ  IRLR 922 which involved a team move and QBE v. Dymocke and
others  IRLR 458 which is the leading authority on springboard
- In relation to professional discipline he obtained an injunction to
restrain the dismissal of a whistleblower in Jesudason v. Alder
Hey NHS Foundation Trust.
- Ranked in the Legal 500 and Chambers and Partners as a Leading Silk Damian
practices and adviseson all aspects of employment law for employees and
employers in High Court claims, as well as Employment Tribunals and the
appellate courts, including the Supreme Court and ECJ.
- With over 40 reported cases in the IRLR’s, he has considerable
experiencein unfair dismissal, whistleblowing, TUPE and discrimination.
Reported cases include:
- St Helens Metropolitan Borough Council v Derbyshire  IRLR 851,
 IRLR 801.  IRLR 540 House of Lords caseonequal pay
victimisation for GMB.
- Bowden v. Tufnell’s Parcels Express  IRLR 838 ECJ
case on working time sectoral exclusion.
- Glendale Managed Services v Graham  IRLR 465
Court of Appeal case on TUPE and collective agreements.
- Fairhurst Ward Abbotts Ltd v Botes Building Ltd [2004 EWCA Civ 83,
 IRLR 304 leading TUPE case on ‘entity’.
- Briggs V. Nottingham University Hospitals NHS Trust  IRLR 504
Court of Appeal case on attempt by male employees to use regrading system to
maintain pay differentials with women.
In relation to business protection cases Damian has dealt with all
aspects of interim relief including computer imaging orders and freezing
- Lonmar v. SBJ  IRLR 922 -A team move
case,representing thedefendant ina 3 week High Court trial.
- QBE v. Dymocke and others  IRLR
458-the leading authority on springboard injunctions.
- In 2012 he was involved in a significant multi-party dispute involving
allegations of conspiracy, and misuse of confidential information with
defendants in several jurisdictions.
- Appeared in Dubai in Roberto’s LLC v. Roberto RellaCFI-019-2103 commercial dispute involving unfair prejudice, penalty clauses, relief
from forfeiture intellectual property rights and local statutory employment
rights. Significant case to rule on applicability of English law on penalties
From sitting on internal disciplinary and grievance panels for public
authorities and emergency services to representing surgeons and trusts. Damian
has significant experience and pragmatism in this area which has increased in
recent years in issues arising from it.
- conducting an investigation into electoral fraud within a union, investigating
claims of race and sex discrimination within the public and private sector.
- Appeared in the leading Court of Appeal case Kulkarni v. Milton
Keynes NHS Trust  IRLR 829 on Article 6 rights and internal disciplinary
tribunals. Obtained an injunction restraining the dismissal of a Consultant in Jesudason v. Alder
Hey NHS Foundation Trust
- Lu v. Nottinghamshire
University NHS Trust acted for Trust
in high profile case involving Consultant who had transmitted bacteria to
patients, several of whom died, and his attempts to return to work.
Damian’s regulatory experience has led to a natural progression to
sports law work.
- He has sat as an FA Panel Chair and appeared in a number of
football, rugby and ice hockey disciplinary matters. He is ranked in Chambers
and Partners as a Leading Silk. He was recently instructed in a high profile
RFU case involving allegations of racism.
- His EU work has been valuable in acting in freedom of movement and quota
cases for clubs and players in rugby league and union and he has advised both
the RFL and RFU. He recently advised Northampton Saints on a freedom of
- He is currently representing a sacked football manager in a bonus
dispute and has appeared before Premier League Managers’ Arbitration Panels.
- Chair of ELBA 2011-2013
- Bar Standards Board member of the Professional Complaints Committee and
Quality Assurance Committee 2006-2010
- Member of the Industrial Law Society, Employment Lawyers Association,
British Association of Sport and Law and the Association of Regulatory and
- Security Cleared to SC level
- Appearance rights before Dubai International Finance Centre Courts.
- Blackstone’s Employment Practice and Procedure (2010)
- Tolleys Employment Law
- Employment Precedents and Company Policy Documents, Sweet & Maxwell
- Munkman on Employers’ Liability (2014)
- Termination of Employment, Tottel
- Regularly blogs on sport.