The Latest from Cloisters

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Caspar Glyn QC successfully defends Leyton Orient Football Club against Director of Football’s Wrongful Dismissal claim Working with Liz Ellen, Head of Sport at Mishcon de Reya, Caspar Glyn QC successfully defended Leyton Orient against Mauro Milanese’s claim for wrongful dismissal. The Judge found, after cross-examination, that Mr Milanese had a track record of dishonesty and was prepared to lie when confronted with uncomfortable truths. The Judge held that Leyton Orient was entitled to dismiss Mr Milanese for gross misconduct because he tried to get the father of a talented young footballer to sign a deeply unfair agency agreement with an unlicensed agent, Ali Barat. The Court found that Mr Milanese threatened the father that his son

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Human Fertilisation and Embryology Act Incompatible with Convention Rights Catriona Stirling considers the case of Z (a child) (No.2) [2016] EWHC 1191 (Fam), in which Sir James Munby, President of the Family Division, has made a declaration under s.4 of the Human Rights Act 1998 (HRA) that s. 54(1) of the Human Fertilisation and Embryology Act 2008 (HFEA) is incompatible with Article 8 together with Article 14 of the European Convention on Human Rights. Background Section 54(1) of the HFEA provides that in certain circumstances a court may make a parental order on the application of “two people”. Z was conceived with the applicant father’s sperm and a third party

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Caspar Glyn QC secures Will Chudley’s appearance in Saturday’s Premiership Final Caspar Glyn QC successfully represented Exeter Chief’s scrum half, Will Chudley, for a citing hearing on Tuesday 24 May. Mr Chudley was the Man of the Match in the Chief’s victory over Wasps in the Semi Finals and has been ever present in the team this season. He was cited for allegedly kicking Joe Launchbury contrary to the laws of the game. It was the major talking point of the game and was widely discussed on social media. Had the citation been upheld Mr Chudley would have inevitably been suspended for Saturday’s Premiership final against Saracens. The disciplinary panel accepted Mr

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Cloisters, proud sponsors of the Bob Hepple Equality Award 2016 Cloisters are proud to sponsor the Bob Hepple Equality Award 2016 on 30 June 2016. The event, organised by the Equal Rights Trust and the Industrial Law Society, will take place at Dechert LLP, Queen Victoria Street, London. The Award, established in the name of the late Professor Sir Bob Hepple QC champion of equality and non-discrimination, continues his legacy to recognise the outstanding contributions of individuals to equality. For booking details go to: http://www.equalrightstrust.org/news/celebrate-equal-rights-disability-bob-hepple-equality-award-2016-0 Cloisters was founded on a commitment to civil liberties. It is the go-to set for ground-breaking results in equality litigation and in shaping the legislative structure

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Tagged in: Equality Human Rights
Whiplash: George Osborne’s Modest Proposal By Martyn McLeish In his 2015 autumn statement the Chancellor of the Exchequer, the Rt. Hon George Osborne MP, announced that to make it “harder for people to claim compensation for exaggerated or fraudulent whiplash claims, the government is ending the right to cash compensation”.[1] The proposal will remove the right of individuals to claim ‘general damages’ for minor whiplash injuries, compensation for injury, pain and suffering. However, the victims of such injury will still have the right to claim compensation for financial losses such as the costs of medical treatment or loss of earnings. The Chancellor says that this reform

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Reasonable adjustments: exercising the right to be heard John Horan considers a decision concerning the United Nations Convention on the Rights of Persons with Disabilities and the Equal treatment bench book, and the lessons that can be learned from it by the lawyers of disabled people seeking to use tribunals and courts in this country. In Rackham v NHS Professionals Limited UKEAT/0110/15, 16 December 2015, Mr Justice Langstaff in his last substantial judgment as President of the Employment Appeal Tribunal (EAT), considered for the first time the link between the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) and the domestically drafted and Judicial College- published

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Internal appeals and the EDT: the statutory regime reigns supreme Tamar Burton considers the impact of an internal appeal decision to change a summary dismissal to a dismissal with notice on the effective date of termination (“EDT”). This factual scenario was considered by the Court of Appeal in Rabess v London Fire and Emergency Planning Authority, a case concerning the interplay between the common law principles of dismissal and the statutory construction of the EDT. Ed Williams and Caroline Musgrave appeared for the Appellant instructed by Anthony Gold.   The Facts Mr Rabess was a firefighter. He was summarily dismissed for gross misconduct and his last day of work was 24

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Akua Reindorf addresses the annual conference of the Council of Employment Judges Akua Reindorf was invited to address the annual conference of the Council of Employment Judges in Harrogate on 7 May 2016. She spoke on the subject of “Working Abroad and Territorial Jurisdiction”, joining distinguished speakers HHJ Peter Clark, HHJ Jenny Eady, HHJ Mary Stacey, Lord Justice Ryder and Sean Jones QC.   Cloisters has significant expertise in advising and representing clients in relation to all aspects of employment law.  Please contact our clerks for further assistance.

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Robin Allen QC and Joel Donovan QC appointed PIcARBS Panel Arbitrators Robin Allen QC and Joel Donovan QC have been appointed on the Personal Injury Claims Arbitration Service (PlcARBS) panel of arbitrators. The panel includes highly experienced personal injury and clinical negligence silks who are trained in personal injury and clinical negligence arbitration and who take a collegiate approach in helping parties resolve their issues. PlcARBS provides an efficient system for defendants and insurers to resolve personal injury and clinical negligence claims throughout England and Wales. For further information about the arbitration service go to: PlcARBS

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Team Cloisters raises £4890 (plus gift aid) in London legal charity walk Patricia Hitchcock QC, Tamar Burton, Chesca Lord, Tom Brown, Jen Danvers, Sally Robertson and Rachel Barrett  joined the Lord Chief Justice and thousands of lawyers to raise funds for the London Legal Support Trust, the Free Representation Unit and the Bar Pro Bono Unit. Team Cloisters raised £4890 plus gift aid in the 10 km London Legal Walk. Cloisters is proud to support the London Legal Support Trust, the Free Representation Unit and the Bar Pro Bono Unit who do a fantastic job in providing pro bono legal advice for the most vulnerable in our society. For our online fundraising page go to: http://tinyurl.com/z7utked

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Dee Masters elected Member at Large on ELA Management Committee Dee Masters has been elected Member at Large on the Employment Lawyers Association (ELA) Management Committee 2016-18. The ELA is an apolitical organisation representing the views and interests of just over 6,000 specialist, qualified employment lawyers in the UK. Since its inception in 1992, ELA has become the voice of authority in employment law. At the helm of ELA is the Management Committee, elected from the membership by the members annually. The Management Committee steers the policy and direction of ELA and its membership services. Dee specialises in employment, discrimination and equality and is ranked in both Chambers and Partners and the Legal

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Tagged in: Dee Masters Employment
How is ‘Employment’ defined under the Equality Act 2010? What is employment under the Equality Act 2010? Adam Ohringer considers the recent judgment of the Court of Appeal in Secretary of State for Justice v Windle [2016] EWCA civ 459   It always strikes me as amusing that employment lawyers have such difficulty defining what employment actually is.  Maybe it is like asking a biologist: ‘what is life?’  Most of the time you know it when you see it but then there are difficult cases at the margins. The case of Secretary of State for Justice v Windle [2016] EWCA civ 459, recently decided by the Court of Appeal, shows

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Caspar Glyn QC acts successfully for fire service in false claim of harassment and unfair dismissal case Caspar Glyn QC acted successfully for South Wales Fire and Rescue Service in refuting claims that a former employee had been  harassed, unfairly treated and dismissed due to his mixed race and for making a protected disclosure. After cross-examination by Caspar, the former South Wales firefighter, Michaele Lloyd dropped his claims. The Employment Tribunal was told by counsel for Mr Lloyd that the claim was withdrawn and that “the claimant accepts that there is no truth in the allegations of harassment or less favourable treatment, detriment, and dismissal related to race, because of race, and on the grounds of making a

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Incapacity and Illegality in the Personal Injury / Clinical Negligence context By Nathaniel Caiden Introduction Those dealing with personal injury and clinical negligence cases will often have dealt with claimants who lack capacity and the resulting costs in light of that lack of capacity.  The usual occurrence will be one where it was plainly the negligence or breach of statutory duty that caused this loss of capacity. However, the recent case of AB v Royal Devon and Exeter NHS Foundation Trust [2016] EWHC 1024 (QB) Irwin J involves a different scenario that necessitates the interaction between incapacity and illegality in the personal injury / clinical negligence context where it is clear that

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Daphne Romney QC acts for former police Head of Legal in sex and disability discrimination case Daphne Romney QC is acting for the former Head of Legal Services at Northumbria Police force in a high profile unfair dismissal case Denise Aubrey v Northumbria Police. The claimant, Denise Aubrey, was sacked for gross misconduct from the force she had worked at for 20 years following allegations that she had leaked information about an affair between two senior police officers, former Chief Constable Mike Craik and his former assistant Chief Constable Carolyn Peacock. Ms Aubrey denies the allegations and is claiming "unfair dismissal following a protected disclosure, sex discrimination, disability discrimination, victimisation and harassment" The Employment Tribunal in North

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Caroline Musgrave discusses the application of QOCS to Motor Insurance Bureau claims Caroline Musgrave recaps on Qualified One Way Cost Shifting (“QOCS”) before considering the recent High Court decision of Howe v Motor Insurance Bureau [2016] EWHC 884 (QB), considering the application of QOCS to Motor Insurance Bureau claims. Here we consider Motor Insurance Bureau (“MIB”) liability for accidents caused by uninsured and untraceable drivers in the UK and abroad and the need for After the Event (“ATE”) insurance. QOCS was introduced as part of the Jackson reforms. It is intended to protect those who have suffered personal injuries from the risk of facing adverse costs orders. The full QOCS rules, scope and

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EU anti-discrimination law: ten "easy" steps to disapplying inconsistent national provisions Anna Beale looks at recent guidance from the CJEU in the context of age discriminatory provisions of Danish domestic law in Rasmussen. A constant theme in EU law is the extent to which EU provisions can be relied upon by domestic courts to interpret or disapply domestic law.  The case of Dansk Industri v Estate of Karsten Eigil Rasmussen (C-441/14) is an important addition to this jurisprudence, fully explaining the effect of EU age discrimination law in cases where both parties are private individuals. Rasmussen concerned a provision of Danish law under which individuals continuously employed in the same undertaking for

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Six Cloisters' Silks join 22 QCs to update on hot Employment Law issues for 2016-2017 Six Cloisters' Silks are on the panel of 22 leading Queen’s Counsel at the 22 QCs - Hot employment law issues for 2016-2017 conference devised and chaired by Michael Rubenstein. Robin Allen QC, Daphne Romney QC, Paul Epstein QC, Jason Galbraith-Marten QC, Caspar Glyn QC and Rachel Crasnow QC will be part of the panel of experts who will update delegates on 22 key employment law topics that are likely to be of concern in 2016-17. Date: Thursday & Friday 29 -30 September 2016. Venue: The Strand Palace Hotel, London, WC2R 0JJ. Day 1: Thursday 29 September 2016 Paul’s morning session will cover ‘Data protection and employment law: recent developments’.

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Secondary victims revisited: Liverpool Women’s Hospital NHS Foundation Trust v Ronayne By Daniel Dyal Claims by secondary victims are subject to well-known control mechanisms. The classic statement of which came in Alcock v Chief Constable of the South Yorkshire Police[1]: there must be a close tie of love and affection with the person killed, injured or imperilled; there must be proximity in time and space to the incident or its immediate aftermath; the incident or its immediate aftermath must have been directly perceived; the psychiatric injury must be induced by a sudden shocking event. The control mechanisms are recognised to be arbitrary and lacking in principle. Indeed Professor Stapleton famously described them

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Cloisters sponsors conference to discuss the ‘Lords Report on Disability and the Equality Act: Turning Recommendations into Reality’ Cloisters is proud to co-sponsor the conference to discuss the ‘Lords Report on Disability and the Equality Act:Turning Recommendations into Reality’ on 27 April 2016 at the Max Nasatyr Room, Third Floor Suite, Coin Street Neighbourhood Centre, 108 Stamford Street, South Bank, London, SE1 9NH. This timely event, co-organised by Catherine Casserley, a barrister at Cloisters and a Special Adviser to the Lords Select Committee, will provide an opportunity to reflect on the key recommendations of the House of Lords Select Committee on the Equality Act 2010 and Disability issued on 24 March 2016 (and available here). The event will also create the

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William Latimer-Sayer QC speaks on life expectancy at the annual PIBA Conference 2016 William Latimer-Sayer QC spoke on the topic of ‘life expectancy’ at this year’s PIBA annual conference held at St Catherine’s College, Oxford, on 8-10 April 2016. William, a Catastrophic Personal Injury and Clinical Negligence specialist, is a highly ranked barrister with a special interest in quantum. To read William’s paper on Life Expectancy please click here 

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Cloisters sponsors the Association of University Legal Practitioners’ Conference 2016 on 11 -12 April 2016 Cloisters is proud to co-sponsor this year’s annual conference of the Association of University Legal Practitioners (AULP) held at  Cambridge University on 11-12 April 2016. This two-day event promises to be a controversial one. Declan O’Dempsey will speak on how the implications of Prevent Duty placed on higher education bodies under the Counter-Terrorism and Security Act 2015 will impact universities.  The duty requires universities to have due regard to the need to prevent people from being drawn into terrorism.  However universities are also bound to promote free speech.  Declan will consider the difficult administrative law challenges the universities face in trying

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Posted by on in Blogs
The Bar and shared parental leave by Rachel Crasnow QC Since Shared Parental Leave (SPL) came into force a year ago on 5 April 2015, I have written, lectured and advised widely about this new legal entitlement. The people I have not engaged with much about SPL are barristers - for the key reason that as self-employed professionals rather than employees, they are excluded from this legal entitlement.  So why could SPL - this still new means of caring flexibly for a child in its first year of birth or adoption be relevant for barristers with babies? The answer is it would be a huge missed opportunity

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Brexit – what will happen to the UK’s environmental policy? By Andrew Buchan If the UK leaves the EU what will happen to the UK’s environmental policy? This is not, as outlined below, a purely academic question. It cropped up recently during an interview on the BBC’s Today Programme[1] between, Justin Webb (the interviewer) and Amber Rudd (the Secretary of State for the Environment). The discussion turned to whether, in the event of Brexit, the UK might or might not repeal the UK Climate Change Act, which is the Act that requires a reduction in emissions and other measures:    Rudd: “…when the leavers say our bills wouldn’t come down because

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Robin Allen QC and Prof. Muriel Robison to speak on key Discrimination Law updates at the Forum for Research into Equality and Diversity seminar Robin Allen QC and Professor Muriel Robison will provide key Discrimination Law updates for lawyers and HR practitioners at a seminar hosted by the Forum for Research into Equality and Diversity (FRED) in collaboration with the University of Northampton on April 11 2016 at Aston University, Birmingham from 6pm – 8pm. The two-hour course will cover key case law and legislative developments in the UK and the EU during 2015/2016. It will also look into what the future holds in relation to discrimination law and explore the implications for practice of recent developments.  This is an opportunity to gain 2 CPD points and

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Jason Galbraith-Marten QC and Sarah Fraser Butlin act for cycle couriers in fundamental challenge to courier industry’s employment practice Jason Galbraith-Marten QC and Sarah Fraser Butlin are instructed by the Independent Workers Union of Great Britain (IWGB) to act for a number of cycle couriers who are bringing claims against some of the major courier companies.   The cycle couriers are claiming holiday pay and seeking a written statement under s1 Employment Rights Act 1996 to establish that they are not self-employed contractors but are, at the very least, workers.   Once an individual is a worker, then they gain a number of rights including the right to holiday pay. The cases represent a fundamental challenge to how the entire

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Latest step on the road to Personal Health Records : from 31 March 2016 all GP practices should be offering online access to coded information in patient records By Hannah Godfrey According to the Department of Health, it is the ambition of the health and care system to become paper-free and provide citizens with their full health and care digital records by 2020. You can read more about this here: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/384650/NIB_Report.pdf. The PHR (personal healthcare record) concept was rolled out in the Department of Health’s 2012 Information Strategy for England.  The rationale is that patients should be enabled to have greater involvement in managing and making decisions about their health. This is a laudable goal, aimed at making medical services more modern, convenient and responsive.  If done well, it

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House of Lords Select Committee condemns Equality Act’s failures to secure equality for disabled people On 24 March 2016, the House of Lords’ Select Committee published its report on the Equality Act 2010 and Disability entitled “The Equality Act 2010: the impact on disabled people”. Catherine Casserley acted as the Select Committee’s specialist adviser for the Report. She has appeared in a number of the cases referred to in the Report and obtained the injunctive relief the Report referred to. The House of Lords Select Committee (“the Committee”) was established in 2015 to carry out post-legislative scrutiny on the disability provisions of the Equality Act 2010 (“the Act”) – in particular to consider: – The adequacy

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Cloisters Employment is ranked in Who’s Who Legal: UK Bar We are pleased to announce that barristers at Cloisters have been ranked in this year’s Who’s Who Legal UK Bar 2016 directory in Labour & Employment. Silks “Cloisters Chambers receives four nominations in this practice area.  The “innovative” Robin Allen QC is a “leading figure” at the employment bar and is regularly involved in cross-border employment disputes.  Jason Galbraith-Marten QC has over 20 years of experience at the bar, and continues to provide “straightforward and clear advice” to clients.  Paul Epstein QC is admired by peers for his “impressive roster of clients” which include top UK law firms, trade unions, public

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Robin Allen QC and Jonathan Mitchell QC secure major victory for 6,500 women in equal pay dispute worth £100m Robin Allen QC and Jonathan Mitchell QC successfully acted for thousands of women workers in a long-standing equal pay dispute against Glasgow City Council. Around 6,500 women are now expected to share a substantial pay deal worth up to £100 million. The decision by the Employment Appeal Tribunal in J MacDonald & Others v Glasgow City Council  will have far reaching impact on other local authorities that fall foul of the equal pay laws. The EAT in Edinburgh heard how 6,500 female staff at the Council were paid less than their male colleagues despite the Council’s introduction of a new wage

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Interim payments in the clinical negligence context By Jennifer Danvers In Sellar-Elliott v Howling [2016] EWHC 443 (QB) permission to appeal against an interim payment order of £100,000 was refused in a clinical negligence case where causation was in dispute.  This is an important case for clinical negligence practitioners dealing with such applications prior to exchange of medical evidence. Background The Claimant, represented by Penningtons Manches LLP and Simon Dyer of Cloisters, alleged that the Defendant, a consultant radiologist who carried out a CT scan on the Claimant in 2008, had failed to report on a mass on the Claimant’s liver.  In early 2012 the mass was identified as

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Extension of Right to Shared Parental Leave…. Claire McCann considers this week’s announcement by George Osborne in the March 2016 budget to extend the right to shared parental leave Shared parental leave was introduced for parents of babies due on or after 5 April 2015, allowing mothers to share their leave with their “partner” which is defined in the legislation as “someone, of either sex, who lives with the mother and the child in an enduring family relationship but who is not the mother’s child, parent, grandchild, grandparent, sibling, aunt, uncle, niece or nephew”. Most often, this will be the child’s father or the mother’s partner if there

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Tagged in: Claire McCann Equality
School attendance awards: a poor lesson in tolerance to disabilities Declan O’Dempsey and Siân McKinley consider the problems caused by school attendance award schemes. Some schools have started trying to encourage 100% attendance by pupils by having attendance awards schemes.  There are various ways in which a school can do this, and the precise way will be a matter for the school.  However, certain methods of encouraging full attendance are based on a theory of group awards.  So if a class has a 100% attendance this gets them all a reward, in the form of a treat.  The idea is that there is peer group pressure on those who might otherwise

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Declan O’Dempsey successfully argues that Prison Service sessional teachers are entitled to employment rights A Cardiff Employment Tribunal has found that sessional teachers in the Prison Service were employees and therefore entitled to employment rights.  Declan O’Dempsey, acting for Prospect union members, successfully argued (in the case of Betts and Others v Secretary of State for Justice) that their employment was lawful.  Surprisingly the Prison Service sought to argue that the contracts were illegal because the Prison Service has exceeded its powers (acted ultra vires) in entering into them.  It argued that because the employment was not the result of fair and open competition, the Prison Service had no power to employ the Claimants, and

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No childcare vouchers during maternity leave: upping the pressure during early months Rachel Crasnow QC considers the recent judgment of the EAT in Peninsula Business Services v Donaldson (handed down on 9 March 2016) Is it discriminatory to discontinue childcare vouchers during maternity leave? No, held the EAT in Peninsula Business Services v Donaldson, deciding that childcare vouchers amounted to “remuneration” and that it was not unlawful to require the Claimant to enter the voucher scheme only on her agreement that the provision of childcare vouchers would be suspended during any period of maternity leave. Background Women employees on maternity leave are entitled to non-pay benefits pursuant to the Maternity and Parental Leave

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Limits to the concept of ‘Associative Discrimination’ The Supreme Court has refused permission to appeal or to make a referral to the CJEU in Hainsworth v Ministry of Defence. Daphne Romney QC considers this brake on the concept of associative discrimination and the law of disability. In Coleman v Attridge [2008] IRLR 722 the ECJ held that Art. 2 of the Framework Employment Equality Directive applied not just to employees with disabilities but also to those associated with people with disabilities. Art. 2 provides: For the purposes of this Directive, the "principle of equal treatment" shall mean that there shall be no direct or indirect discrimination whatsoever on

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Posted by on in News
Investor-State Arbitrations Cloisters’ Sheryn Omeri will introduce the guest chair and guest speaker, O. Thomas Johnson, Judge of the Iran-United States Claims Tribunal, at a lecture to be given to members of the Commercial Bar Association on Thursday, 9 June 2016. The guest chair will be Lord Walker of Gestingthorpe, former Justice of the Supreme Court, non-permanent Judge of the Hong Kong Court of Final Appeal and Member of the House of Lords. Mr Johnson will speak on the subject of investor-State arbitrations and the role and future of the Claims Tribunal in view of the recent nuclear deal.

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Being deterred from membership of an independent trade union:  Court of Appeal, again, considers the case of Mr Bone Sarah Fraser Butlin reviews the recent judgment of the Court of Appeal in the long-running litigation in Bone v North Essex Partnership NHS Foundation Trust.  Mr Bone was the leading light of the Workers of England Union (WEU) and brought claims of race discrimination, which were all dismissed, and of detriment under s146 TULRCA 1992.  The claims that were upheld by the Tribunal concerned a failure by the NHS Trust to deal properly with bullying and harassment by other employees.  The acts included emails suggesting that the WEU was linked with fascism, describing Mr Bone as a bigot and greeting him

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Equality, discrimination and the marginalised: The Immigration Bill 2015-16 and employment rights for migrants By Akua Reindorf Introduction The Immigration Bill 2015-16 was introduced on 17 September 2015 by a press release declaring that the Government’s intention is to make it “tougher than ever before” for illegal migrants to live in the UK. The press release is unambiguous in its message that tough action will be taken to crack down on those they deem to threaten the security of our “hard working families”. This invidious piece of proposed legislation will inevitably have effects beyond its intended targets. Its provisions on employment, housing, health, benefits, access to justice and even the right to drive appear destined

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Cox v MoJ: Vicarious Liability Extension in Christian Brothers Case Approved by Supreme Court By Catriona Stirling Vicarious liability has been considered by our highest courts in a flood of cases in recent years and the law has taken another step forward with today’s judgments from the Supreme Court in the conjoined appeals of Mohamud v WM Morrison Supermarkets plc [2016] UKSC 11 (in which the appeal was successful) and Cox v Ministry of Justice [2016] UKSC 10 (in which it was not).   In its separate, but complementary, judgments, the Court has given the latest word on: what relationship between the defendant and the wrongdoer (Cox); and what connection between that relationship and the

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The Court of Appeal in Griffiths: Malcolm comparison 'inapt' for reasonable adjustment cases In the disability discrimination decision of Griffiths v Secretary of State for Work and Pensions, the Court of Appeal provides helpful guidance on the proper comparator in reasonable adjustments cases. Rachel Crasnow QC and Sarah Fraser Butlin suggest that the Court’s conclusion – that the comparator is not akin to that in Malcolm – must be correct. They also address two subsidiary matters raised by the Court of Appeal that provide helpful guidance to practitioners – the interplay of s.20 Equality Act 2010 (reasonable adjustments) with s.15 Equality Act 2010 (a disability related claim), and the breadth of what is a reasonable step. Ms

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Mohamud: The Plates of Vicarious Liability Shift Again By Catriona Stirling Vicarious liability has been considered by our highest courts in a flood of cases in recent years and the law has taken another step forward with today’s judgments from the Supreme Court in the conjoined appeals of Mohamud v WM Morrison Supermarkets plc[2016] UKSC 11 (in which the appeal was successful) and Cox v Ministry of Justice [2016] UKSC 10 (in which it was not).   In its separate, but complementary, judgments, the Court has given the latest word on: what relationship between the defendant and the wrongdoer (Cox); and what connection between that relationship and the tortious

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Cloisters’ Joel Donovan QC and Adam Ohringer win definitive guidance on vicarious liability in Mohamud v Morrison Supermarkets The Supreme Court’s judgment in the case of Mr A M Mohamud (in substitution for Mr A Mohamud (deceased)) (Appellant) v WM Morrison Supermarkets plc (Respondent) – UKSC 2014/0087 on appeal from the Court of Appeal  was handed down this morning. The Court unanimously allows the Claimant’s appeal and holds the Respondent vicariously liable for the actions of its employee, in attacking the Claimant. See judgment here On 15 March 2008 Mr Ahmed Mohamud entered a petrol station adjacent to a Morrisons’ supermarket only to be viciously attacked by a sales assistant. The Morrisons’ employee Mr Khan, without any provocation, beat

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Sheryn Omeri on the destruction of cultural property and the first International Criminal Court prosecution After spending three months at the International Criminal Court in The Hague in 2015, Sheryn Omeri has written of the progress of one of the cases on which she worked in an article published in the January 2016 issue of Counsel. The case of Prosecutor v Al Faqi will be the ICC’s first prosecution for destruction of cultural property, defined as a war crime in the Rome Statute of the ICC. The confirmation of charges hearing, the first stage in the trial proceedings in the case was postponed from 18 January to 1 March 2016. It will be live-streamed from Courtroom

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Future Loss in Fatal Claims: Logic Restored Tamar Burton considers the Supreme Court judgment handed down this morning in Knauer v Ministry of Justice. The Appellant’s appeal was unanimously allowed. The Court has overruled the principle established by the case of Cookson v Knowles [1979] AC 556 and held that the multiplier for future loss in a claim under the Fatal Accidents Act 1976 should be calculated at the date of trial rather than the date of death. The Judgment In a single judgment written by Lord Neuberger and Lady Hale (with whom Lord Mance, Lord Clarke, Lord Reed, Lord Toulson and Lord Hodge agree) the Court fully endorsed the conclusions

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Caspar Glyn QC considers the hotly anticipated EAT holiday pay judgment of Lock v British Gas Caspar Glyn QC considers the hotly anticipated judgment in Lock-v-British-Gas handed down by the Employment Appeal Tribunal today. In the long running appeal of Lock v British Gas the EAT considered whether UK Holiday Pay could include pay to make up for commission which a salesman did not earn because he was on holiday. The decision invites an appeal to the Court of Appeal by the employers. Let us remind ourselves what happened to Lock before it was appealed to the EAT. The European Court recited the basic principles from previous cases such as the fact that holiday pay should reflect normal

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Closing the Gap:  Will the gender pay gap information Regulations bring about equality? Daphne Romney QC  considers how the draft Equality Act 2010 (Gender Pay Gap Information) Regulations 2016, published last week by the Government, will affect businesses. On 12 February 2016, the Government published the draft Equality Act 2010 (Gender Pay Gap Information) Regulations 2016, which will affect some 8,000 businesses. This means that it finally implemented s.78 of the Equality Act 2010 (“EqA”), the section enabling the Secretary of State to make Regulations concerning equal pay audits. (The gender reporting implemented by these Regulations is not be confused with the compulsory audits ordered by ETs under s. 139A of the EqA). Section 78

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Employment Tribunal awards over £832,000 for sexual harassment to former NHS Director represented by Akua Reindorf Akua Reindorf represented the successful Claimant, Helen Marks,  in a sexual harassment and sex discrimination case against Derbyshire Healthcare NHS Trust. The Employment Tribunal this week awarded Ms Marks £832,711 for injury to feelings, aggravated damages, personal injury and loss of earnings. See Marks v Derbyshire Healthcare NHS Foundation Trust. Ms Marks is the former Director of Workforce and Organisational Development of the Trust. In May 2015 the Tribunal found that she had proved “beyond reasonable doubt” that during her employment she had been pressurised by the Chair of the Trust, Mr Alan Baines, to have a sexual relationship with him. It

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Supreme Court gives guidance on the admissibility and use of expert evidence Rachel Barrett discusses Kennedy v Cordia (Services) LLP, in which the Supreme Court has given detailed and practical guidance on the admissibility and use of expert evidence in the course of a judgment concerning the remit of employers’ duties to take care for their employees’ safety at work. Background to the appeal Miss Kennedy worked for Cordia as a home carer. On the evening of 18 December 2010 she slipped and fell on an icy footpath leading to the home of one of her clients, injuring her wrist. Cordia had carried out risk assessments which identified the danger of falls when

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Starbucks held to account by Tribunal for its discrimination and victimisation of a dyslexic employee represented by Rajiv Bhatt Rajiv Bhatt successfully represented the Claimant, Ms Meseret Kumulchew, in her sex and disability discrimination, victimisation and whistleblowing case against Starbucks, Vishal Ballee (the store manager at the time) and Sharon Sherrett (the area manager).  The case, Kumulchew v Starbucks. has been widely reported by the BBC. Ms Kumulchew is employed as a Qualified Shift Supervisor at a Starbucks store.  She is dyslexic and struggles with reading, spelling and comprehension with information - she requires things to be broken down step by step.  Starbucks was aware of her dyslexia from an early stage in her employment. As part of her duties, Ms Kumulchew

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