Brian Dean - Employment
Brian enjoys a growing reputation as an employment lawyer, advising and representing both Claimants and Respondents, employers and employees, at all levels, at both preliminary and final Tribunal hearings.
He has advised and represented clients in a broad variety of employment matters, including unfair and constructive dismissal, discrimination and victimisation, as well as harassment [sex, race, disability and age], but with a particular interest in high profile whistleblowing cases. He is content to undertake work relating to TUPE, PIDA, contract claims and executive appointments [including directors’ disputes], as well as seeking injunctive relief. He is also happy to undertake tasks such as the drafting of pleadings, lists of issues and witness statements, as well as advising on settlement agreements.
He combines extremely strong advocacy skills with precise attention to detail and thoroughness of preparation. He is able to digest vast quantities of factual detail and documentary evidence quickly, and grasp complex legal and factual issues straight away. His advice is clear and ‘no-nonsense’, and is always based upon sound commercial judgment. He has exceptionally strong client care skills and can communicate very effectively at all levels. He adopts an ‘inclusive’ approach to all decision making and is tactically astute. He has successfully negotiated numerous favourable financial settlements for his clients in 2014.
He also has substantial knowledge and experience of employment related issues, arising from his expertise and experience in other fields of law, all of which are complimentary to his employment practice. He has, for example, enormous experience of professional misconduct and discipline proceedings [Solicitors Disciplinary Tribunal, Bar Standards Board, Nursing and Midwifery Council, Police Misconduct Tribunals, GMC etc….] and has advised and represented people from all walks of professional life who have found themselves in difficulty [companies, company directors, finance directors, managers, accountants, doctors, nurses, medical professionals, police officers, surveyors, solicitors, barristers, teachers, bankers and Independent Financial Advisors]. He has also advised and acted in Directors’ Disqualification proceedings and Fitness to Practice proceedings.
He has complimentary civil, regulatory and criminal practices, which have given him substantial experience of workplace health and safety issues, allegations of fraud and serious financial misconduct, and allegations of serious sexual misconduct in the workplace, amongst other things.
A solicitor recently commented that, “Mr Dean is an impeccable barrister. He has excellent attention to detail, the ability to grasp complex issues quickly and present a persuasive and effective legal argument.”
He is a member of the Employment Lawyers’ Association, the Association of Regulatory and Disciplinary Lawyers, the Financial Services Lawyers’ Association, the Institute of Licensing, the Health and Safety Lawyers’ Associationand the Criminal Bar Association.
He is authorised to conduct Direct Access work, which means that members of the public can instruct him directly, and without the need to go through a solicitor.
A snapshot of his work includes the following cases in 2014:
An 11-day ET hearing, acting for a Claimant against 2 Respondents [a company and a senior executive, each separately represented], claiming sexual harassment, victimisation, the suffering of a detriment because of protected disclosures, and constructive unfair dismissal. Additional issues that arose included jurisdiction/time limits, privacy applications/anonymity [argued at an interim hearing and at the final hearing], liability of employer, employer’s knowledge, course of employment, and the statutory defence [of taking all reasonable steps to prevent harassment]. The case involved the cross-examination of many witnesses, including the global head of the business, very senior executives and the European and UK Heads of the Company’s HR Departments.
A multi-day ET hearing, acting for a Respondent [a law firm] against a former employee, who was making a claim for sexual harassment and unfair dismissal.
An NHS whistleblowing case, where he was acting for a Claimant who had ‘blown the whistle’ on an NHS Trust in connection with wrongful practices that were being used on patients. Additional issues that arose included dismissal for making a protected disclosure, the admissibility of purportedly ‘privileged’ documents, Data Protection Act issues, and advice in respect of the lawfulness of advice that was given to NHS staff.
Advising a very senior medical professional [a consultant] as to the lawfulness of his dismissal.
He has also been instructed to advise and represent a firm of solicitors in respect of a claim against them for unfair dismissal, which is listed for a 30 day hearing.
He is also available to deliver employment training packages and has delivered 2 such packages in 2014, both at breakfast meeting presentations for busy Managing Directors of Companies in the West Midlands.