Daniel Barnett

Call date: 1993
Email: Daniel Barnett
Areas of Law: Employment & Discrimination
Practice summary

Daniel Barnett is highly regarded for his employment and HR law expertise, representing both employers (80%) and employees (20%).  He has appeared in many Court of Appeal and Employment Appeal Tribunal cases together with complex High Court employment litigation, as well as regularly appearing in employment tribunals.

He is widely recognised for public access work and has a number of FTSE-100 clients and NHS Trusts where he is instructed directly by their HR departments.  He has recently acted for a Royal Family, several international airlines, a global leisure industry company, as well as a myriad of SMEs.  Employee clients range from senior executives of quoted companies through to David & Victoria Beckham’s nanny.  His specific areas of interest are post-termination restrictive covenants, age discrimination and retirement issues, industrial law (strikes), employment agencies and permanent health insurance disputes.

Daniel is employment law advisor to Acas and is the creator of the Employment Law (UK) mailing list, an email bulletin service sending out updates three times a week to over 25,000 solicitors, barristers, judges and HR professionals.  He is past editor of ELA Briefing and past chair of the Employment Lawyers’ Association publishing committee and electronic services working party.  He is a member of various Bar Council committees and committees of the Honourable Society of Lincoln’s Inn.

Legal directories describe him as “involved in a number of highly contentious matters”, “singled out for his public access work for large blue-chip companies”, “combination of in-depth legal knowledge, pragmatism, quick response times and approachability”, “inexhaustible”, “tenacious”, “knowledgeable” and “an excellent advocate”.

Daniel is called on regularly to comment on television and radio on current legal issues, and is the resident lawyer on LBC 97.3, where he presents the legal hour on Thursday evenings.  He is the author or co-author of eight books, including the Law Society Handbook on Employment Law, and founder of two businesses (in legal publishing and legal education).

For more information, please visit: www.danielbarnett.co.uk

Publications

Either author or co-author of:-

  • Costs in Employment Tribunals (Jordan Publishing, 2010)
  • Marketing for Employment Lawyers (ELS Publishing, 2009)
  • Law Society Handbook on Employment Law (Law Society Publishing, 5th edtn due 2011)
  • Age Discrimination (ELS Publishing, 2nd edtn 2006)
  • The Future of the NHS (contributor) (xpl Publishing, 2006)
  • Dispute Resolution: analysis & commentary on the new law (ELS Publishing, 2004)
  • Managing Dismissals: Practical Guidance on the Art of Dismissing Fairly (Tolley IRS, 2nd edtn 2004)
  • Avoiding Unfair Dismissal Claims (Wiley, 1999)

Plus author or co-author of 50+ legal journal articles

A selection of recent cases
  • Cavendish Munro Professional Risks Ltd v Geldud [2010] IRLR 38 (whistleblowing)
  • Employment Appeal Tribunal limits the scope of the whistleblowing legislation, drawing a distinction between making an allegation and disclosing information.

 

  • Celebi v Compass Group (EAT/0032/10)
  • Employment Appeal tribunal states the need for clarity in disciplinary charges, with a disciplinary allegation of ‘loss’ of money not being enough to justify a dismissal for theft of that money.

 

  • Small v Boots [2009] IRLR 328
  • Employment Appeal Tribunal examines the law on implying the right to a contractual bonus into a company’s terms and conditions of employment, through consistent award of such a bonus over many years

 

  • New Testament Church of God v Rev. Sylvester Stewart [2008] IRLR 134, CA
  • Leading authority in which Court of Appeal overturns decades of previous law and allows ministers of religion to claim unfair dismissal.

 

  • Bolton School v Evans  [2007] IRLR 140, CA
  • Court of Appeal limits the scope of the whistleblowing legislation, by deciding the law only protects an employee if he has already has reasonable grounds for his belief in wrongdoing. It does not protect an employee who commits acts of misconduct to search out evidence of wrongdoing.
Daniel Barnett

“Compass is delighted to recommend Daniel and without hesitation will ask him whenever necessary to deal with its most difficult cases.  He has a successful combination of intellect and dedication plus a great sense of humour.  His ability is proven by his results – outstanding.”   Nick Crighton, Employee Relations Director, Compass UK & Ireland Ltd.

"Daniel provides excellent, considered, pragmatic advice to tight time scales, showing an intelligent appreciation of the sensitive position Acas occupies on many issues."  Keith Mizon, Director of Individual Dispute Resolution, Acas

“Expert advice, great style, successful outcomes, we could not have been in safer hands.  Daniel is a true expert in his field, knowledgeable, approachable and successful.”   Sally Dibben, Head of Employee Relations, South London & Maudsley Foundation NHS Trust

“Your mastery of the brief was outstanding. Your cross-examination superb.  We are all delighted with the outcome of the case - a resounding success wholly attributable to your excellent management and presentation of the case!”  Michelle Cooper, assistant director of HR, Ealing Primary Care Trust