Althea Brown is an employment and discrimination law specialist including in the areas of pension law, education, health and community care. Her practise is claimant based and she has considerable experience and expertise in successfully arguing cases in employment tribunals, The Health Professions Council, The Nursing and Midwifery Council, the County Court, High Court, Employment Appeal Tribunal and the Court of Appeal. Althea is regularly instructed in high profile cases and is highly skilled in successfully tackling claims which are factually and legally complex, involve lengthy hearings requiring forensic cross examination of witnesses (including experts) and frequently controversial. Recent Case profile includes: Aziz v The Crown Prosecution Service (2010) This claim is the longest running discrimination case in UK jurisprudence. Halima Aziz was successful in her claim of race discrimination against the CPS in 2004. The Court of Appeal reinstated the decision of the Employment Tribunal and in 2008 Ms. Aziz was awarded over £650,000 in damages including an award for aggravated damages. Now some 9 years later she faces a further challenge as the CPS seeks to defend the reputation of senior managers by appealing the award of aggravated damages in the EAT. Bijlani v Roger Stewart, Lizzy Wiseman, Justin Fenwick and John Powell (2009). A case which received extensive media coverage and concerned a claim for race and disability discrimination brought by Dr. Bijlani , a barrister against 3 former heads of chambers, 4 New Square and the Senior Clerk Mrs. Wiseman. Dr Bijlani claimed substantial damages for past and future career losses and injury to her health. Aslam v The British Broadcasting Corporation (2010) Ms. Aslam a highly respected television and radio journalist was successful in her claim for unfair dismissal. Against a background of union activism, major organisational restructuring and perceptions of deep seated historical disadvantage. O v South Staffordshire and Shropshire NHS Foundation Trust (2010) The Claimant a Consultant Psychiatrist claims unfair dismissal and victimisation on grounds of race. Ingram v East of England Ambulance Trust (2010) successful outcome to a claim of constructive dismissal by reason of redundancy. Miah v London Borough of Camden (2007) a successful claim of race discrimination and unfair dismissal for a Bangladeshi youth worker; Layhe-Cooke v Stratford Upon Avon College (2007) unfair dismissal of a student counsellor; Bidwell v Havering Primary Care Trust (2007) unfair dismissal British/Caribbean nurse with 30 years service; Heath v Health Professions Council (2007) professional misconduct charges for a senior bio-chemist; Powell v Kings College London (2007) unfair dismissal of a leading senior lecturer and physicist. Lestrade v EduAction (2006) a successful claim of racial discrimination for a black female head teacher, Ashton V Commissioner of Police for the Metropolis (2006) sexual discrimination against a female police officer; In 2006 the tribunal compensatory awards in Lobo and Combarel were the highest awards for discrimination and personal injury since superseded by (Aziz). Lobo v London Underground (2006) resulted in findings of sex and race discrimination, sexual and racial harassment, victimisation (sex and race) and unfair dismissal for a male Tube Driver. The Respondent was also ordered to pay the full costs of the proceedings. Combarel v Boots Opticians Ltd (2006) The Claimant succeeded in her claim of disability discrimination, failure to make reasonable adjustments and unfair dismissal. Her claim concerned events which spanned a four year period and she awarded was a six-figure sum in damages and compensation. Dhanji , Ahmed & Woodger v The Department of Constitutional Affairs (2006) the claimants had been acting in person and shortly before the hearing decided to withdraw their claims. The issues raised by the claims were extremely complex and had resulted in several thousands of pages of documents having been disclosed by the Respondent and considerable costs expended. Fortunately they were able to obtain legal representation and were successful in resisting an application for substantial amounts in wasted costs. Further successes in 2006 included Amran v The Chief Constable of West Yorkshire. (2006). This civil action claim included, 3 claims of false imprisonment, 4 assaults by police officers 2 allegations of malicious prosecution and racial discrimination and victimisation. This case is referred to as a success not least because three and a half weeks into the trial which had been strenuously contested (expected to last 10 weeks) the parties were successful in reaching a settlement. Arnold v Birmingham City Council (2005) in a claim of 'reverse' discrimination' substantial damages for racial and sexual discrimination were awarded to a 'white' English female employee the employment tribunal held had been discriminated against in favour of a male, Indian colleague.
Althea has a keen interest in developing jurisprudence e.g. discrimination in education. Appiah & Wabwire v Bishop Douglas School (2006) Court of Appeal tackled the thorny, complex and controversial issue of racial discrimination in schools. Thompson v LB Croydon (2006) a claim of indirect racial discrimination against a local education authority, for a young African-Caribbean boy with special educational needs. Tate v The Independent Appeal Panel & York City Council - school exclusion and universities - Baden v University of Kingston (2005); and Mohammed v University of Hull (2006) Past endeavours to develop jurisprudence includes success in advancing the 'management responsibility' test at first instance in Baskerville v Hampshire Constabulary (2002) which was subsequently approved and upheld in the Court of Appeal. In addition she successfully argued cases in appellate jurisdictions including the Court of Appeal and the Employment Appeal Tribunal - e.g. Fearon v Chief Constable of Derbyshire [2003] EWCA Civ - a claim of a continuing act of race discrimination spanning 19 years and Khanum v IBC Vehicles Plc (2002) racial and sexist abuse of a young Muslim woman for wearing the hijab. The crossover of discrimination, employment, education and community care claims involving public authorities means that her work in these areas often engages both domestic and European law and burgeoning human rights issues. Her education law practice encompasses private and public law issues including educational negligence, judicial review and special educational needs. Several of these cases raise issues of both direct and indirect race, sex and disability discrimination. The emphasis is on claimant rights and the removal of barriers to the empowerment of individuals. Her work frequently involves challenges to denials of statutory rights and/or limitations on access to goods and services in a range of areas. Althea lectures on employment, education and discrimination law and regularly gives seminars on related developments in law and practice. She is a member of the Education Law Practitioners Group and the Discrimination Law Association and is contributor to a forthcoming textbook on the new Equality Act 2010 published by Oxford University Press. last updated August 2010
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Year of Call
1995
Education
Leicester University, LLB Hons
Email Address
a.brown@doughtystreet.co.uk
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