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Dee Masters is to speak at Legal-Island's 10th Equality Law Update at the Merchant Hotel, Belfast, Northern Ireland on the 2 December 2015. Dee's session will cover Age Discrimination and Goods, Facilities and Services (GFS). Legal-Island's 10th Equality Law Update is an full-day event ( 09:20 - 16:30) that will bring together leading practitioners from Great Britain and Northern Ireland. It will provide an annual review of NI equality law in a year that has seen some important changes in this field. The Office of the First Minister and deputy First Minister has issued a public consultation on its proposals to
In Revely v NASUWT Daniel Dyal successfully defended the National Association of Schoolmasters and Union of Women Teachers (NASUWT) in sex discrimination proceedings before the employment tribunal in Exeter. The Claimant alleged that there was a discriminatory culture in the union led by one of its Assistant General Secretaries, to which the General Secretary turned a blind eye. The employment tribunal rejected all of the Claimant’s complaints and allegations. It found that key parts of her evidence had been disingenuous. It also found that the NASUWT, whose General Secretary is a woman, had a culture in which women could progress including to
By Nathan Roberts In Hak v St Christopher’s Fellowship  UKEAT/0446/14/DA the EAT has declined to give specific guidance as to when a court or tribunal should provide an interpreter, instead finding that the matter should be determined on a case by case basis. As a rule of thumb, however, tribunals should “ask whether the litigant’s command of language is sufficient to enable him to give the best account to the Tribunal which he would wish to give relating to the matters in dispute.” Chris Milsom acted for the successful Respondent before a three-member tribunal led by Langstaff P. Facts The
Declan O’Dempsey will lead a workshop at the European Equality Law Network Legal Seminar 2015 on 24 November 2015 at the Courtyard Marriott Hotel in Brussels. He will present a study on the EU concept of disability & reasonable accommodations in the light of the UN Convention on the Rights of persons with disabilities. The session will explore the Convention, the EU Charter on Fundamental Rights, the Directive and areas where the national law of member states may fail to meet the standards required by the Framework Directive 2000/78. Declan's workshop marks the final stages of preparation of the Thematic Report
Ed Williams and Catriona Stirling appeared for the successful appellants in the EAT in the ground-breaking TUPE case of Hyde Housing Association Ltd and Others v Layton, in which judgment has now been handed down. The ET had held that, in circumstances where A’s employment with B transferred to joint and several employment with B and other employers, there was a relevant transfer for the purposes of Regulation 3(1)(a) of TUPE. Upholding the employers’ appeal, the EAT held that, although Regulation 3(1)(a) did not preclude a relevant transfer to multiple transferees, where the original transferor remained liable for the Claimant’s employment, the
Cloisters’ barrister John Horan discusses why the Government and the courts need to properly apply the UN Convention on the Rights of Persons with Disabilities so that effective measures are put in place to facilitate correct access to justice for disabled people. Currently many disabled people feel that actual access to legal justice and equal recognition does not exist. To read the full article first published in IDS Employment Law Brief, Westlaw UK, November 2015, click here.
By Dee Masters and Siân McKinley Overview There has been a ban on age discrimination in goods, facilities and services in Great Britain since 1 October 2012 but very little litigation or publicity. However, age discrimination problems can arise in some unexpected but common areas. It seems likely that service providers have been lulled into a false sense of security by the lack of litigation. A recent story in Ireland illustrates the dangers of such an approach. Review of the law The Equality Act 2010 covers the provision of goods, facilities and services, charities, education, health and social care and the
By Declan O'Dempsey The BBC says former teachers with English teaching qualifications, living in the local military population could be recruited by Moray Council to alleviate staff shortages. Currently they cannot work because they qualified outside Scotland. The General Teaching Council for Scotland (GTCS) is considering approval of Moray’s pilot scheme under which English qualified teachers could be provisionally registered during top-up training. However can it continue to seek to justify forbidding provisional registration pending “top up” training generally? All over Scotland there is a teacher shortage. Until now Scotland has claimed its education is so different that it cannot permit
William Latimer-Sayer presented a quantum update seminar at the APIL Damages Special Interest Group meeting at the Bloomsbury Hotel in London on 3 November 2015. The lecture considered a number of significant quantum cases that have appeared in the courts during 2015 and the practical application of the same. He spoke together with Anthony Carus, an actuary, who dealt with life expectancy and problems regarding data from the United States. You can read the full notes here.
By Catriona Stirling The Court of Appeal has handed down its judgment in the case of Reaney v University Hospital of North Staffordshire NHS Trust & Anr  EWCA Civ 1119. The key issue in this case was how causation and quantum should be determined where a pre-existing injury is worsened by a Defendant’s negligence. Background Mrs Reaney was admitted to the North Staffordshire Royal Infirmary in December 2008 with an illness that caused her to become permanently paralysed below the mid-thoracic level. It was common ground that this was not caused by negligence. She would have had some care
Catherine Casserley will join an expert panel of speakers at this half-day free event on 4 December 2015 that will focus on what impact legal aid and other reforms are having on the enforcement of disability equality rights (now contained in the Equality Act 2010). This event, jointly hosted by the Centre for Disability Studies and the Centre for Law and Social Justice, University of Leeds in memory of Caroline Gooding (a key architect of our disability equality law) will provide a space for reflection about how disability equality law might be harnessed to contribute to driving the social change for
Cloisters is delighted that Lisa Sullivan has been appointed Deputy Queen’s Bench Master by the Lord Chief Justice. This is part-time role and Lisa remains in full-time practice at Chambers. The appointment will run on four year renewable terms. Lisa is a highly ranked barrister who specialises in personal injury and clinical negligence work. Her work includes high-value cerebral palsy and other brain injury claims, spinal injury with particular expertise in cauda equina, hip and knee replacement, delayed diagnosis of cancer, abdominal surgery claims and dental negligence. “She has an excellent grasp of the medical issues and is fantastic at working with
Catherine Casserley, instructed by Unity Law, represented a gay man in what is believed to be the first case of its kind - a claim for direct discrimination and post relationship discrimination in services, based on gestures made by the defendant's staff member. The claimant attempted to return some locks to a shop following which he was subjected to what the court found were up to 20 incidents of direct discrimination, with the staff member blowing kisses at him and making other gestures. He was awarded £7,500 in damages. For more information click here and here
There is, at common law, no property in information (Oxford v Moss  68 Cr App Rep 183). An employer may want to use database rights where traditional restrictive covenant approaches to protecting a business interest will not succeed. In this article Declan O’Dempsey covers some of the ways in which an employer can use the Database Regulations. The remedy for an employer is either an injunction to restrain use of the employer’s property or damages. Databases are property but are not treated like tables and chairs. In the case of a table or a chair if I took it from you,
Cloisters received a special mention for its long and extensive commitment to pro bono work at the Bar Pro Bono Awards at the Bar Conference on 17 October 2015. Lord Goldsmith, the Bar Pro Bono Unit President and Chair of the Award judging panel, said 'this is exemplified by their members' collectively taking on over 140 pro bono cases in the past year." The commitment to pro bono work is core to the culture of Cloisters and we are proud to be a long-standing supporter of the BPBU. The Bar Pro Bono Unit has seen a continuous rise in the number
Cloisters' Robin Allen QC, Rachel Crasnow QC and Catherine Casserley are speakers at the DLA Annual Conference 2015 "Equality Rights - Where next?" on Monday 26th October 2015. This is an The essential conference for anyone interested in equality law. 2015 is the 50th anniversary of the first Race Relations Act, the 40th anniversary of the Sex Discrimination Act and the 20th anniversary of the first Disability Discrimination Act as well as the 20th anniversary of the Discrimination Law Association. Rachel and Catherine will be speaking in the first breakout session in the afternoon. Catherine will cover: Developments in disability discrimination law
In this month’s ELA briefing, Sheryn Omeri (together with James Laddie QC of Matrix) considers the meaning of “qualifying disclosure” in the context of whistleblowing legislation. Section 43B of the Employment Rights Act defines a qualifying disclosure as a disclosure of information which, in the reasonable belief of the worker making the disclosure, is in the public interest and tends to show at least one of six possible types of wrong. The case of Cavendish Munro Professional Risks Management Ltd v Geduld  ICR 325 was the first reported case to consider the meaning of “disclosure of information” in s.43B. In
Cloisters' Head of Chambers Robin Allen QC and Rachel Crasnow QC will be covering key issues in discrimination law at the TUC headquarters in London on Friday 22 January 2016 at Congress House, Great Russell Street, London WC1B 3LS. The conference, devised by Michael Rubenstein, is open to discrimination lawyers, Government officials, equality and diversity specialists and others interested in attending the most authoritative review available of recent discrimination legislation and case law. Robin will be looking at where the law now stands as regards discrimination because of religion or belief and sexual orientation. Rachel will be reviewing new legislation and the latest decisions on parental rights.
Daphne Romney QC will be giving a talk on the latest surprising developments in discrimination law at the ILS meeting in Edinburgh on 22 October 2015. Her course will consider whether the Court of Appeal will reverse the unwelcome re-appearance of Malcolm into disability discrimination in Griffiths v SSWP. Why is abstaining from fizzy drinks not following a required diet? And why doesn't a discriminatory briefing taint a dismissal? This meeting will be held at The Carlton Hotel, North Bridge, Edinburgh, EH1 1SD at 6pm and will finish at about 7.30pm when refreshments will be served. This meeting is free of
Declan O’Dempsey is chairing a panel of equality experts at the 17th Annual Human Rights Law Conference (2015) at Church House London. The 17th annual conference will examine a broad range of topical human rights issues, and key legal experts will interpret and discuss recent case law and legislative developments. Declan will be delivering a presentation on the United Nations Convention on the Rights of Persons with Disabilities and its Optional Protocol where adopted by the United Nations General Assembly on 13 December 2006. Twenty-six Contracting States have ratified both the Convention and the Optional Protocol. A further seven Contracting States
Declan O’Dempsey is to speak at the Ecole Nationale de la Magistrature, Paris, at a conference on Applying EU Anti-Discrimination Law – a Seminar for members of the Judiciary on 19-21 October 2015, organised by ERA on behalf of the EU Commission with the support of the French National School for the Judiciary. Declan will deliver a talk to a judicial audience from across Europe on Discrimination on grounds of race, religion sexual orientation: main features and case law of the European Courts and will deal with the jurisprudence of the Court of Justice of the EU and the European Court
Declan O'Dempsey and Catherine Richmond assess the amount of effort required to respond to a data subject access request: the Information Commissioner goes one way but the courts go another. The Information Commissioner’s Office has never liked the suggestion of the High Court in Ezsias v Welsh Ministers  EWHC B15 (QB) (23 November 2007) that data controllers only need to take “reasonable and proportionate steps” to identify and disclose personal data. It is true that whilst there is a reference to “disproportionate effort” in section 8 of the Data Protection Act 1998, it seems to relate only to the communication of
Cloisters’ barristers, Sir Stephen Sedley, Robin Allen QC, Patricia Hitchcock QC, Caspar Glyn QC and Schona Jolly are among 343 lawyers who have signed a statement attacking the government for its "deeply inadequate" response to the Syrian refugee crisis. The signatories include the most senior ranks of the retired judiciary. Sir Stephen Sedley, former Lord Justice of the Court of Appeal said: "Since refuge from persecution and war is a universal human right, this means recognising that our Government's present offer to take no more than 20,000 Syrian refugees over five years is wholly inadequate. "As a stable and prosperous country, we can
Claire McCann considers the Court of Appeal judgment in O’Brien v Ministry of Justice and Walker v Innospec & Ors, which deals with the question of whether rights under the EU Part-time Workers Directive and the Framework Directive can be retrospective in the complex area of entitlement to pensions. In these joint cases, the Court of Appeal concluded that entitlement to a pension accrues and becomes fixed during the period of employment, and not at the point of retirement and/or payment. Therefore, any less favourable treatment in relation to pension entitlement or entitlement to a survivor’s pension (in O’Brien, as between
Anna Beale reflects on the recent EAT Judgment concerning national minimum wage for “sleep-in” workers doing “salaried hours work” in a residential care home: Shannon v Rampersad & Rampersad t/a Clifton House Residential Home The question of whether workers who “sleep-in” overnight at their workplace are entitled to the minimum wage for some or all of their hours of attendance has caused difficulty for some years. The recent judgment in Shannon v Rampersad & Rampersad t/a Clifton House Residential Home UKEAT/0050/15/LA muddies the waters still further. The problem arises because of the wording of the provisions which define, in particular, time
Linda Jacobs and Catriona Stirling, instructed by the Bar Pro Bono Unit, have represented the family of an 11-year-old boy at the hearing of an urgent application by an NHS Trust for a declaration that it would not be unlawful to withdraw the medical treatment that was keeping him alive. The child, X, (in the case of matter of the inherent jurisdiction of the High Court and in the matter of a child X (aged 11)) had been in hospital since July. He was a normal fit and healthy boy until he contracted a virus which attacked his heart. His condition had deteriorated in
Five Cloisters' Silks are on the panel of 22 leading Queen’s Counsel at the 22 Silk - Hot issues in Employment Law 2015-2016 conference devised and chaired by Michael Rubenstein. Robin Allen QC, Daphne Romney QC, Jason Galbraith-Marten QC, Caspar Glyn QC and Rachel Crasnow QC will be part of the expert panel who will update delegates on the latest key issues in employment law that are likely to be of concern in 2015-16. Date: Thursday 1 and Friday 2 October 2015 Venue: Strand Palace Hotel, London, WC2R 0JJ Robin will open the conference on Thursday 1 October with a session on human rights and employment law. The Charter of Fundamental Rights of the
Chris Milsom considers the recent EAT Judgment which decides that a limited company can sue for discrimination under the Equality Act 2010 below: In this month’s Employment Law Association Briefing (Blurred Lines? ‘Association’, ‘Direct’ and ‘Indirect’ following CHEZ) I addressed the controversial decision on associative discrimination of CHEZ Razpredelenie Bulgaria Ad v Komisia Za Zashtita Ot Diskriminatsia  IRLR 746. I suggested that one observation in the opinion of AG Kokott at  warranted further attention on another day (emphasis added):- “…it is clear that economically active persons are also exposed in various ways to the risk of suffering discrimination based
Jonathan Mitchell QC has been nominated Scottish Silk of the Year for the Legal 500 Awards 2015. Jonathan's practice is based in Scotland. He has a wide civil practice, with special interests in public, constitutional, and administrative law, and in equality issues. In addition to his court appearances, he has an active opinion practice. Chambers 2015 says Jonathan is “well respected for his wide-ranging public law expertise, which has a particular focus on issues of civil liberties and human rights. He is also noted for his expertise in issues arising in the context of immigration, mental health and employment. "He has a certain
Robin Allen QC has been shortlisted for Employment Silk of the Year for the 2015 Legal 500 UK awards. Robin, Head of Cloisters, specialises in employment, equality, discrimination, human rights, public law and local authority work. He has twice been named Chambers and Partners' "Employment Law QC of the Year" and has appeared in 145 reported cases in the Industrial Relations Law Reports (more than any other barrister). These include many path-finding appellate cases at the highest level in the UK and Europe. He has appeared in more than 30 cases in the House of Lords/Supreme Court.
At 8am on Saturday, 26 September 2015, Ahmad Al Faqi, one of the architects of the violence in Timbuktu, Mali in 2012 which saw the repression of the local population and the destruction of numerous ancient shrines, arrived at the International Criminal Court’s detention centre in the Hague after having been surrendered by the authorities in Niger. Cloisters’ Sheryn Omeri was a member of the ICC’s Mali team which investigated and analysed the situation in Mali and ultimately drafted the application for a warrant of arrest for Al Faqi, when she was based in the Hague from April to July this
Declan O’Dempsey has published a podcast about how far charities can engage in political campaigning. Here he: Considers how the restrictions in charity law on political activity affect in particular charities concerned with human rights and/or equality. Covers the guidance issued by the Electoral Commission and by the Charity Commission, and considers the operation of the Transparency of lobbying Non-Party Campaigning and Trade Union Administration Act 2014 on charities. Considers what restrictions exist on charities in relation to campaigning at local elections. Considers the position of charities in relation to the forthcoming referendum on the UK’s membership of the
Cloisters is delighted to announce that one of its cases has been short-listed for 'Outstanding Case of the Year' in the Eclipse Proclaim Personal Injury Awards 2015. The case in question: JXMX (A Child) v Dartford and Gravesham NHS Trust  EWHC 3956 (QB) fundamentally changes the approach to anonymity in approval hearings. William Latimer-Sayer persuaded the Personal Injury Bar Association to intervene in the appeal. Led on the appeal by Rob Weir QC from Devereaux Chambers and assisted by the research of Sian McKinley from Cloisters, the Personal Injury Bar Association’s submissions were ultimately accepted. The Court of Appeal’s landmark decision led to a
Cloisters is delighted to announce that it has been short-listed for the Eclipse Proclaim Personal Injury Awards 2015 for ‘Barristers’ Chambers of the Year’. Chambers has had many notable successes in high value personal injury cases. One recent example is the case in which Cloisters’ barrister, William Latimer-Sayer, instructed by Shoosmiths LLP and led by Susan Rodway QC, acted for the claimant which saw the highest ever clinical negligence court award in history. The child, James Robshaw in the case of James Robshaw (a child by his mother and litigation friend Suzanne Adams) v Lincolnshire Hospitals Trust suffered catastrophic injuries as a result
In a ground-breaking judgment in Tirkey v Chandok and another ET/3400174/2013, handed down on 17 September 2015, the Employment Tribunal upheld claims for harassment on the grounds of race, religious discrimination, unfair dismissal, pay claims and breaches of the Working Time Directive. The Claimant was born in India to the Adivasi class, which falls at the bottom of India’s hierarchical caste system. Ms Tirkey was recruited from India and kept in domestic servitude by the Respondents. The Tribunal found that she was recruited from India because who she was ‘by birth, by virtue of her inherited position in society’. The conditions
By Daniel Dyal In Thompson v London Central Bus Company UKEAT 0108_15_2007 Mr Thompson claimed that he was victimised because of a protected act. The twist was that he did not do the protected act himself. The protected act was done by another employee with whom, Mr Thompson claimed, management associated him. Mr Thompson was a member of the same trade union as the person who had done the protected act and this appeared to be the basis of the association. At a Preliminary Hearing (‘PH’) the employment tribunal decided that in principle the Equality Act 2010 protected employees against associative
Cloisters' highly acclaimed autumn seminar programme on employment and discrimination on 13 and 15 October 2015 is featured below. Venue Cloisters. 1 Pump Court EC4Y 7AA Time 18.15 - 19.45 CPD for each talk is 1.5 Cakes, obesity and no room on buses! Anna Beale & Catherine Casserley: Tuesday 13 October Upcoming challenges in employment discrimination law Who is protected? What is disability? Religion, philosophical belief or neither? Indirect discrimination o Lessons to be learned from non-employment discrimination cases Proportionality Reasonable adjustments Balancing rights: sexual orientation and religion and belief ----------------------------- Working out working time Jason Galbraith-Marten QC & Chesca Lord:
Jacques Algazy QC, an expert at Cloisters on international and territorial jurisdiction and conflicts of laws, comments on the recent judgment of the European Court of Justice below. In Holterman Ferho Exploitatie BV and others v Spies von Bullesheim C-47/14, the CJEU definitively ruled in favour of the jurisdiction provisions applicable to employment contracts as prevailing over all and any other jurisdiction provisions that might be in play. Mr Spies von Bullesheim (“SVB”) was a German National and resident in Germany. He was an employee of Holterman Ferho Exploitatie BV (“HFE”), a Dutch Holding Company, and also a director of
Last Tuesday Rachel Crasnow QC gave evidence to the House of Lords Select Committee on the Equality Act 2010 and Disability on behalf of the Bar Council. She along with other organisations, such as The Law Society, The Discrimination Law Association and The Law Centres Network, were asked their views on how well the Equality Act 2010 is being enforced. The Bar Council has now published a blog by Rachel setting out what occurred before the Committee at last Tuesday's session: http://www.barcouncil.org.uk/media-centre/bar-blog/
Cloisters is proud to announce that Paul Epstein QC and William Latimer-Sayer have been shortlisted for the Chambers UK Bar Awards 2015. Paul Epstein QC has been shortlisted for Employment: Silk of the Year. William Latimer-Sayer has been shortlisted for Personal Injury/Clinical Negligence: Junior of the Year.
Cloisters is delighted to announce that 29 members have been ranked in civil liberties, clinical negligence, employment, personal injury and sports practice areas in the Legal 500 2015 edition. What they say: Solicitors have ‘absolute confidence in any barrister’ from Cloisters, which is best known for its employment, personal injury and clinical negligence work. It is deeply rooted in equality and discrimination law, and has related strength in human rights matters. For some, it is ‘the absolute set of choice’, providing ‘the whole package in terms of results and client relationship’. The overall service is ‘second to none’, and the clerks are ‘very
Cloisters’ Rachel Crasnow QC will be speaking at Addleshaw Goddard’s annual Employment Group Training Day for in-house employment lawyers and HR professionals on 15 October 2015. Rachel’s session ‘Fighting for adjustments - 20 years of disability discrimination’ will offer guidance through how the law has developed over the last 20 years. It will consider key issues such as: the meaning of disability; the role of personal responsibility for health; discrimination by association and perception; exclusions and comparators; reasonable adjustments; constructive knowledge and whether employers should discount disability-related absence. Date: Thursday, 15 October 2015 Time: 9:00am registration for a 9:30am start, finishing at 17:00 including lunch and followed by
Ed Williams and Catriona Stirling will appear in the Employment Appeal Tribunal on 11 September 2015 in the case of Martlet Homes Ltd & Ors v Mr Dean Layton. This is an important case concerning the meaning and scope of the TUPE Regulations. It will determine whether there is a transfer within the meaning of the Regulations when there are multiple transferees, which include the original transferor. This case is likely to have far-reaching implications in areas where employees are commonly jointly and severally employed by a number of employees, such as in partnerships and in the housing association sector.
Rachel Crasnow QC will be speaking at the MBL "Employment Law Conference – Review of the Year 2015" on Monday 14 September 2015 at the London Hilton Hotel, 22 Park Lane London W1K 1BE. Rachel’s session will cover the dramatic developments in discrimination law. This conference is 6 CPD hours.
By Jason Galbraith-Marten QC In Whittlestone v BJP Home Support Limited  ICR 275 the EAT held that for those without a permanent place of work, time spent travelling between assignments counted as ‘time work’ for the purposes of the National Minimum Wage Regulations 1999. In Federación de Servicios Privados del sindicato Comisiones obreras (CC.OO.) v Tyco Integrated Security SL the CJEU has, in a judgment published today, held that time spent travelling between home and the first and last assignments of the day counts as ‘working time’ for the purposes of the Working Time Directive. Tyco installs and maintains security
Caspar Glyn QC represented Michaela Tabb, a high profile former referee, in her claim against World Snooker for sex discrimination, unfair dismissal and breach of contract. The case Michaela McInnes v World Snooker Ltd settled for an undisclosed sum. For press coverage go to: The BBC Sport: Michaela Tabb court case against World Snooker The Guardian: Michaela Tabb reaches out-of-court settlement with World Snooker The Daily Mail: World Snooker settle sex discrimination battle with referee Michaela Tabb after row over £1,000 bonus
By Brian Napier QC (Scotland) and Jonathan Mitchell QC (Scotland) The recent rejection by the Court of Appeal to Unison’s challenge to the fee-charging regime that is now part of our employment tribunal system comes as a set-back to all who see fee-charging as a denial of (access to) justice. This week, however, there is good news for some claimants. The Scottish Government has announced as part of its legislative programme for 2015-16 (A Stronger Scotland – The Government’s Programme for Scotland 2015-16) that it will remove fees from employment tribunals. It can do this because, under the new powers to be
By Rachel Barratt Sarah Fraser Butlin successfully represented the appellant in Ibarz v University of Sheffield establishing that costs funded on a party’s behalf by a trade union may be recovered from the other side. Background to the appeal Dr Ibarz taught Spanish and Latin American Studies at the University of Sheffield. The University splits its academic years into two semesters. Dr Ibarz was engaged on a series of short-term contracts lasting one semester at a time, punctuated by university holidays. On May 2013 he brought a claim in the Employment Tribunal complaining that since 2004 the University had breached the Fixed-Term
At the recent Equality Commission for Northern Ireland (ECNI) conference, Cloisters’ Dee Masters gave a talk on ‘Proposals for reform of Age Discrimination in the Provision of Good, Facilities and Services'. To read Dee's paper click here. Currently there is no protection for anyone in Northern Ireland against age discrimination in the provision of goods, facilities and services. A consultation is now under way to consider proposals made by the Office of the First Minister and deputy First Minister (OFMDFM) to address this gap. The Equality Commission brought together a range of employers, lawyers, government bodies and community and welfare groups
Case C-222/14 Konstantinos Maïstrellis v Ypourgos Dikaiosynis, Diafaneias kai Anthropinon Dikaiomaton – 16 July 2015; blog by Jacques Algazy QC and Rachel Crasnow QC The Claimant, a male Greek Judge holding the status of a Civil servant, challenged the Greek legislation that provides that a male civil servant is not entitled to paid parental leave if his wife does not work or exercise any profession, unless it is considered that, due to a serious illness or injury, the wife is unable to meet the needs related to the upbringing of the child. The CJEU, on a reference for a preliminary ruling from