Daniel Tatton-Brown

Daniel acts for employers and employees in high value discrimination claims. Recent cases include being instructed by a leading City law firm to defend race and sex discrimination claims brought against it by a senior solicitor, and acting for a full equity partner in her claims for discrimination against another leading firm of solicitors. He has also recently acted for a well-known University in connection with a series of discrimination claims brought against it, its Vice Chancellor and senior academics.

Daniel acted for the Respondent in J v DLA Piper LLP UK  [2010] ICR 1052,  [2010 ] IRLR 936 an Equality and Human Rights Commission backed appeal before the EAT President which addressed important aspects of the definition of “disability” for the purposes of the Disability Discrimination Act 1995, in the context of depression. 

He also frequently appears in whistleblowing cases: his most recent such cases that have fought found him acting for a leading medical charity (all claims brought against it dismissed after a lengthy hearing) and for the whistleblower employee against British Telecom Plc (which resulted in a substantial six figure settlement following cross examination of the employer’s witnesses).

Daniel is frequently instructed in employment related contractual disputes, typically concerning such matters as bonus claims, enhanced redundancy payments, PHI related claims, claims arising out of the implied duty of trust and confidence and shareholder disputes, often of high value.

Examples of this work are Silvey v Pendragon [2001] IRLR 685, [2002] PLR 277 CA, which was a successful appeal in the CA on the assessment of damages for wrongful dismissal in the context of pension loss; and Marlow v East Thames Housing Group Ltd [2002] IRLR 798  a PHI claim in which the High Court considered the duty of an employer, as a facet of the implied duty of trust and confidence, to sue an insurance company which refuses to made PHI payments in respect of one of its employees.

As well as substantive claims Daniel is also highly experienced in employment related High Court applications – e.g. applications for pre-action disclosure under CPR Part 36.16.

Daniel is frequently instructed to appear in the EAT (for instance, he has appeared in 5 substantive appeals this year). He less frequently appears in the CA. He has a notable record of success in both courts. A more comprehensive list of his reported cases is set out on his C.V., but a selection of the cases he has appeared in include:-

Adamson v Swansea University - [2010] All ER (D) 38 (May)– Daniel successfully defended an “appearance of bias” appeal brought by a claimant on the basis of allegations of irregular conduct on the part of (other!) counsel and the tribunal judge. Following cross examination before the EAT the appeal was dismissed with a substantial costs order made against the appellant.

Software 2000 Ltd Andrews [2007] ICR 825, [2007] IRLR 568 EAT. Elias J gave guidance, in what has become the most frequently cited authority on the correct approach to possible Polkey reductions, following a multi-claimant tribunal hearing.

McPherson v BNP Paribas [2004] IRLR 588. Probably the leading CA authority on costs orders by employment tribunals. Daniel acted for the employer who secured a costs order for £90k against the investment banker claimant.

Daniel was educated at Winchester College, Hampshire, and Oriel College, Oxford University. He graduated from the latter with First Class Honours in PPE. He then completed a post graduate diploma in law at City University before being called to the Bar at Middle Temple in 1994. He was awarded the Diplock Scholarship by Middle Temple.

Daniel is a member of the Employment Lawyers Association, for whose Briefing Newsletter he is an occasional contributor. He is also a member of the ELAAS scheme under which advocates appear pro-bono to assist litigants in person with apparently hopeless appeals in the EAT 

Daniel lives with his wife, a Consultant at St Georges Hospital, Tooting, and their three children in South London, within striking distance of Tooting Bec Lido. Although he once cycled to Istanbul, he rarely now finds time to pedal further afield than Richmond Park, normally with a child in tow. 

He is a pupil supervisor and one of Chambers’ Equality Officers.