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Barrister Profile

BRIAN MCKEE

Year of Call: 1990

Main Areas of Practice

Administrative Law or Judicial Review
Employment Law
Professional Negligence
Public Inquiries

Biography

Since being called in September 1990 I have specialised in all aspects of Employment, Discrimination and Labour law.

I have advised and acted for individual employees, senior executives, solicitors, a barrister, trade union members, multiple claimants group, trade unions, charities, small and medium sized businesses, public listed companies and multi-nationals.

I have represented clients in the Fair Employment Tribunal in relation to religious discrimination (including discrimination on the grounds of membership of the Masonic Order) and political discrimination. I have acted in the industrial tribunals in cases of discrimination on the grounds of age, disability, sexual orientation, sex and race. I have also represented clients in cases involving less favourable treatment of flexible workers, part time workers, agency workers, trade union membership and whistle-blowers.

High Court employment related matters such as restrictive covenant, stress at work, breach of contract, wrongful dismissal, and injunctive relief.

I have also appeared on behalf of pupils, parents, teachers, primary and secondary schools in matters relating to the provision of education, special needs, expulsion appeals, challenges to admission and a full range of employment and discrimination matters.

Qualifications

MA, University of Cambridge

Experience

Court of Appeal cases:

McGlinchey and others v McGurk & Moore and another [2014] NICA 3 ; illegality

Delaney v McMahon [2013] NICA 65 ; illegality

Tenner v PWC [2013] NICA 25 ; disability discrimination acted for partner of limited liability partnership on appeal from tribunal decision

McCann & McCann v Vector & Wallace NICA [2013] NICA 14 ; practice & procedure, Service provision change consultation

Brinks Ireland Ltd v Hines [2013] NICA 32 (24 June 2013) ; acted on behalf of security company transferor relating to date of dismissal under Transfer of undertakings

Spence v Department of Agriculture & Rural Development [2011] NICA 27 ; requirements of internal disciplinary process

McMaster v Antrim Borough Council [2010] NICA 45 ; effect of internal appeal

McGurk v Department for Social Development [2006] NICA 20 ; employee status

Jones v Friends’ Provident Life Office [2003] NICA 36 ; protection against discrimination afforded to claimant who was a company representative under the FSA.

Industrial & Fair Employment Tribunals

Urbanska-Kopowska v Danny McIlroy and Maggie McIlroy [2010] NIIT 01376_08IT ; acted for claimants discriminated on the grounds of nationality (polish) and sex

Long, Gillian Lorraine v Social Security Agency & ors ; [2010] NIIT 1166_08IT in re decision on pre-hearing review; Claim in respect of associated disability discrimination.

Gibson v Police Authority for Northern Ireland & Ors [2006] NIFET 00406_00 ; acted on behalf of claimant alleging discrimination against him on the grounds that he was not a member of the Masonic Order.

McCreight v GMB Union [2009] NIFET 29_07FET ; acted on behalf of leading trade unionist in an allegation of political and religious discrimination against him by his union.

Queen’s Bench

Stewart v Department of Finance & Personnel [2012] NIQB 43 ; breach of employment contract

Fegan v Police Service in Northern Ireland [2009] NIQB 51 ; duty of care regarding advice and recommendations to an employer which affect continued employment

Beattie v Ulster Television Plc [2005] NIQB 36 ; stress at work