Althea Brown

Althea Brown has developed a specialist practice in the 'core' civil liberties fields of employment / sex, race and disability discrimination, pensions, education and community care. Her practice is claimant based and she has considerable experience and expertise in successfully arguing cases in employment tribunals, the County Court, High Court and the Court of Appeal. High profile successes in 2007 include 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 and from 2006 include 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; National Union of Teacher v Watson (2006), EAT; She is regularly instructed in substantial claims which are both complex and often lengthy. In 2006 the tribunal compensatory awards in Lobo and Combarel were the highest awards for discrimination and personal injury nationally. 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. In 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. In 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 includes 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. In 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 tackles the thorny, complex and controversial issue of racial discrimination in schools. She is also instructed in 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 has 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. Althea is currently preparing for Knight & Faulkner v The Chief Constable of Hampshire in the EAT in a claim involving sex discrimination (direct and indirect) for a female firearms officer.

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. She is presently concerned with a number of claims which potentially will develop jurisprudence pursuant to the obligations of public authorities created by the Race Relations Amendment Act and the Race Relations Act 1976 (Statutory Duties) Order 2001.

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 was formerly on the Commission for Racial Equality and Disability Rights Commission Panels now the Equalities and Human Rights Commission. She also lectures on employment, education and discrimination law and is currently engaged as a specialist trainer on Equal Opportunities Practice for the Bar Council and regularly gives seminars on related developments in law and practice as part of the Legal Services Commission programme for professional development. She is a member of the Education Law Practitioners Group and the Discrimination Law Association.

last updated December 2007

Year of Call

1995

Education

LLB (Hons)

Email Address

a.brown@doughtystreet.co.uk

Specialist Teams

Althea Brown is a member of the following specialist law teams:

• Actions Against the police
• Education
• Employment and Discrimination
• Human Rights
• Public and Administrative Law