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US Supreme Court legalises same-sex marriage and other developments On Friday 26 June 2015 same-sex marriage was recognised as a constitutional right in the USA. Siân McKinley looks at the judgment in Obergefell v Hodges, and future areas of development for the UK. Obergefell v Hodges The Fourteenth Amendment to the US Constitution provides that no state shall “deprive any person of life, liberty, or property, without due process of law” (the Due Process Clause). Furthermore, no state shall “deny to any person within its jurisdiction the equal protection of the laws” (the Equal Protection Clause). The U.S. Supreme Court ruled 5–4 that the right to marry is a fundamental

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Voluntary overtime: the beginning of the end of the ray of light By Jacques Algazy QC The judgement of the Northern Ireland Court of Appeal  (“NICA”) in Patterson  v Castlereagh Borough  Council marks the latest stage in the evolution of the case law on the calculation of holiday pay  and the concept of “normal remuneration” for the purpose of reckoning the appropriate entitlement. The Northern Ireland Industrial Tribunal had determined that voluntary overtime was not to be included as part of the determination of  Mr Patterson’s correct entitlement under the Working Time Regulations (Northern Ireland) 1998. This conclusion was reached on the Tribunal’s  analysis of the English EAT decision in Bear Scotland and

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Peripatetic workers get a lift (home) By Sally Cowen The Advocate General gave an opinion last week, stating that the time taken by peripatetic employees travelling to and from their first/last appointments to home should have that time considered as ‘working time’ under Article 2 of 2003/88/EC Directive (Federación de Servicios Privados del sindicato Comisiones Obreras Case C-266/14). The facts arose from security system engineers in Spain.  The company closed their regional offices, in favour of one central office in Madrid. This meant that employees used company vehicles to travel to jobs at appointed locations within their geographic area of cover, from their homes. The company did

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Tagged in: Employment Sally Cowen
Using the Protection from Harassment Act in the employment field Akua Reindorf and David Massarella discuss how the Protection from Harassment Act 1997 is a flexible tool which can be used by employment practitioners in situations that the more familiar harassment provisions in the Equality Act 2010 cannot cover. It was originally created to target stalkers, but the definition of 'harassment' within the PHA is broad enough to encompass other forms of oppressive behaviour in many different contexts, including employment. To read the full article first published in ELA Briefing please click Part 1, Part 2, Part 3

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Jason Galbraith-Marten QC to be a key note speaker at The Association of University Legal Practitioners’ Annual Conference Jason Galbraith-Marten QC  will be a key note speaker at Cloisters' sponsored  Association of University Legal Practitioners (AULP) Conference 2015. This two day annual event for AULP members will include workshops and presentations on current issues faced by legal services in higher education. The conference is being held at University of Nottingham on Wednesday 17 June - Thursday 18 June. Jason’s topic will cover performance management of academics.  For details on how to  book click here

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After the Arab Spring: Human Rights and the Rule of Law in the Middle East Cloisters' barrister Schona Jolly will join a panel of eminent speakers at the seminar  After the Arab Spring: Human Rights and the Rule of Law in the Middle East which will explore existing and emerging forces across the Middle East four years after the start of the 'Arab Spring'. The panellists will examine the current human rights situation across the Arab world. In particular, new trends in women’s activism and political participation in post-uprising Arab countries and the challenges being faced by human rights defenders, lawyers and journalists as an essential aspect of the rule of law. Panellists will also shed a

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The Medical Innovation Bill rears its head once more By Catriona Stirling Once upon a time, the British Medical Journal satirically asked what doctors could do if faced with a clinical problem for which there were no randomised controlled trials and no good evidence  (Isaacs, D., Fitzgerald, D. Seven Alternatives to Evidence Based Medicine. BMJ. 1999 Dec 18; 319(7225): 1618). The suggested alternatives to evidence based medicine included eminence based medicine, in the practice of which, the more senior the colleague, ‘the less importance he or she place[s] on the need for anything as mundane as evidence’; eloquence based medicine, where ‘[t]he year round sun tan, carnation in the button

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PIP disability benefits delay unlawful Sally Robertson considers the ruling in R (Ms C & Mr W) v Secretary of State for Work and Pensions [2015] EWHC 1607 (Admin). On 5 June, Mrs Justice Patterson in the Administrative Court ruled that the Department for Work and Pensions’ delay in delivering Personal Independence Payments (PIP) to two claimants was unlawful.   PIP was introduced from April 2013 in a rolling programme to replace Disability Living Allowance (DLA) for adults of working age. Between October 2015 and late 2017, any adults remaining in receipt of DLA will be reassessed for PIP. Originally it was anticipated that some 600,000 DLA

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SPLash (advice on shared parental leave) website now LIVE By Claire McCann An alliance of organisations with expertise in employment law and issues affecting parents at work have created SPLash, a website dedicated to providing advice on the new rights relating to shared parental leave.  The legislation governing these rights can be complex to navigate and SPLash hopes to provide much needed clarification on the exercise of rights to shared parental leave and pay.  The alliance is made up of Cloisters, YESS, Maternity Action, Working Families, Practical Law and Old Square Chambers.  The purpose of SPLash is to share knowledge and best practice on shared parental leave and the website

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Lee v Ashers Bakery: Cake Now or Cake Later? By Olivia Dobbie Northern Ireland delivers a small slice of sweet justice to the gay rights movement, but for some, it leaves a bitter aftertaste. Is the law moving too fast? Just days before the Republic of Ireland voted in favour of same-sex marriage, its neighbour, Northern Ireland, demonstrated a similarly positive stance to gay rights in the judgment of Lee v Ashers Bakery (in which Cloisters’ Robin Allen QC acted for the plaintiff in this significant ruling). Is this an indication that Northern Ireland might ultimately arrive at the same destination on the issue of gay marriage? Or merely the imposition of legal principles in

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Professional discipline and the right of appeal By Adam Ohringer Appeals against many professional disciplinary tribunals lie to the High Court. CPR PD 52D lists the bodies over which the court exercises a supervisory role. Through what could only have been an oversight, the list omits appeals against decisions taken by the Secretary of State for Education in respect of teachers under s.141B of the Education Act 2002. In cases such as Brown v Secretary of State for Education [2015]  EWHC 643 (Admin), however, the court has readily filled the legislative gap. Unless otherwise specified there is no need for permission to appeal, although under CPR PD 52D a 28day

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The CJEU confirms meaning of “establishment” By Jacques Algazy QC & Claire McCann In the Woolworths case, the CJEU has confirmed that under the EU Directive on Collective Redundancies an employer’s obligations are triggered in respect of the single employing unit to which the affected employees are assigned and has declined to deal with the question of vertical direct effect. Background In USDAW and Anor v WW Realisation 1 Ltd and Ors (the Woolworths case), the Respondent employers – a chain of retail stores with branches at a number of locations across the UK – went into liquidation and a large number of employees were made redundant.  The redundant

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Robin Allen QC to chair session at the 10th World Elder Abuse Awareness Day in Brussels Cloisters' Head of Chambers, Robin Allen QC, is invited to chair a session at the Joint Council of Europe- European Commission - Age Platform Europe - ENNHRI's high level conference to mark the 10th World Elder Abuse Awareness Day. The conference titled 'Tackling elder abuse in Europe: a renewed commitment or a missed opportunity?' will take place at the Council of Europe office in Brussels on 15-16 June 2015. It will cover policies and practices in implementing international and EU human rights instruments. The event will focus on several aspects of abuse that are particularlychallenging,including adequate support  to  older victims and financial abuse. It  will showcase

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By Sheryn Omeri On 24 May 2008, Jean-Pierre Bemba Gombo was arrested for having allegedly committed, jointly with and/or through other persons, the crimes of rape as a crime against humanity and as a war crime, torture as both a crime against humanity and as a war crime, murder as both a crime against humanity and a war crime and pillaging as a war crime in the Central African Republic in the context of an armed conflict that took place from October 2002 to March 2003. It was alleged that Mr. Bemba had been President and Commander in Chief of the

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Griffin v Plymouth Hospital NHS Trust [2014] EWCA Civ 1240 The President of the Employment Tribunals, Judge Brian Doyle, has announced that the Compensation for Loss of Pension Rights Booklet (“the Guidance”) has been withdrawn from the Ministry of Justice website, however the underlying approaches in the Guidance remain valid. The decision follows Underhill LJ’s comments in Griffin v Plymouth Hospitals NHS Trust [2014] EWCA Civ 1240 (where the Claimant was represented by Cloisters’ Joel Donovan QC and Chris Milsom). Underhill LJ urged an urgent review of the Guidance in order to ensure that claimants were adequately compensated in light of changes in pension law and practice. The Guidance is due

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Embedded communications and protected disclosures: the law following Barton v Royal Borough of Greenwich By Rajiv Bhatt In the recent case of Barton v Royal Borough of Greenwich UKEAT/0041/14/DXA (in which the respondent was represented by Cloisters’ barrister Sheryn Omeri) the claimant came to find out that his line manager had emailed documents which contained personal data to what he thought was her unsecured home email address.  He considered this to be a significant breach of the Data Protection Act 1998 (“DPA 1998”), and so contacted the Information Commissioner’s Office (“ICO”) and thereafter his line managers.   The respondent instructed him not to contact the ICO again without the prior authorisation of his line manager,

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Posted by on in News
Jonathan Mitchell QC joins Cloisters as associate member We are delighted to announce that Jonathan Mitchell QC has joined Cloisters as an associate tenant.  Jonathan, a member of the Scottish Bar, brings with him his great skill and experience in commercial law,  discrimination and equality, employment, sports and entertainment, human rights, regulatory and public law. He is renowned for his strength in appellate matters and high-profile cases. "He is a class act, with a very wide range... an elegant, concise and forceful advocate...” with a “fierce intellect" Chambers and Partners 2015. Jonathan, whose wide civil practice is based in Scotland,  has appeared 14 times in the House of Lords/UK

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The tort of intentionally causing harm: will the Supreme Court’s pruning result in new growth? By Catriona Stirling Background The Supreme Court has handed down its judgment in the case of James Rhodes v OPO and another. The decision has, rightly, been presented as a victory for free speech, but it is also an important and interesting case from a tort law perspective. Mr Rhodes, a well-known concert pianist and author, wishes to publish his memoirs. Certain passages in those memoirs give a graphic account of horrific sexual abuse that he suffered at school and its effect on him. Mr Rhodes’ former wife wished to stop the publication of those passages on the ground that publication

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Gay police officer PC Dan Lichters wins discrimination claim against the Metropolitan Police The Metropolitan Police has again lost a major discrimination claim brought against it by a serving officer. Akua Reindorf represented PC Lichters in his claim for direct sexual orientation discrimination, harassment and victimisation. The Met's beleaguered Fairness at Work (FAW) grievance procedure was also criticised for failing to provide any mechanism by which a discrimination complaint can be upheld. The Employment Tribunal found that PC Lichters was discriminated against over a period of six years, from the beginning of his appointment to the elite Dog Support Unit. He was subjected to disparaging and discriminatory comments directly connected to his sexual orientation

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A victory for gay rights as Ashers bakery is found liable for discrimination By Olivia Dobbie In a judgment handed down today by a County Court sitting in Belfast, Ashers bakery was found liable for discriminating against a customer when it refused to fulfil his order of making a cake which was iced with the slogan “Support Gay Marriage”. Cloisters’ Robin Allen QC acted for the customer (the plaintiff) in this significant ruling which will have wide-reaching implications. The facts The customer, Mr Lee, is a gay man and is involved with a volunteer organisation called QueerSpace, supporting LGBT rights in Northern Ireland. He has a genuine and deeply-held belief that gay people should

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Radio 4 Unreliable Evidence: Clive Anderson asks Sarah Fraser Butlin what law can do for the gender pay gap In “Unreliable Evidence”, broadcasted on BBC Radio 4 on 13 May 2015, Clive Anderson and a panel of senior legal experts discussed the apparent failure of the Equal Pay Act 1970 to bridge the gender pay gap.  Amongst those taking part was Cloisters barrister,Vice Chair of the Industrial Law Society and Cambridge academic Sarah Fraser Butlin who told the programme that court actions have replaced trade union collective bargaining as a force for social change in this area, but believes that this is an extremely inefficient way to correct pay inequality.  For a link to the programme via the BBC website,

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British Gas appeals against inclusion of commission in holiday pay in Lock By Chesca Lord Last week, Eversheds announced that their client British Gas had lodged an appeal against the recent Employment Tribunal Judgment in Lock v British Gas. Eversheds stated that the appeal is on the following two grounds: “1. Commission and non-guaranteed overtime are dealt with under different provisions, which use different language, and the Tribunal incorrectly concluded that Bear Scotland, a case about overtime, had any bearing on the outcome of Lock.  2. In any event, the EAT in Bear Scotland incorrectly concluded that our domestic legislation could be interpreted purposively to give effect to EU law.”   In light

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Tagged in: Chesca Lord Employment
Schona Jolly tells The Times why pressure must be put on the government to reveal new bill of rights. In an interview with The Times today, barrister and Head of Cloisters' Civil Liberties and Human Rights Group, Schona Jolly joined other leading legal figures to call upon David Cameron for clarity on plans to scrap the Human Rights Act and replace it with a new bill of rights. The prime minister has so far given little indication as to what the new bill will contain. “Pressure should be put on the government now to publish the draft so that a well-informed factual debate can begin in earnest. The guessing game needs to be ended immediately” urged Schona. To read the full

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Everyday sexism – from pregnancy to maternity and beyond By Sally Robertson Is it OK at a job interview to ask a woman about her childcare plans?  The Guardian published the wrong answer from its workplace agony uncle, Jeremy Bullmore, last Saturday in http://bit.ly/1EZICkd. From her perspective as a working mother and former ‘Dear Jeremy’ columnist, Ruth Cornish gave a much better answer in her blogpost at http://bit.ly/1KJF9ac , while Darren Newman spelled out the law on less favourable treatment in his blog at http://bit.ly/1bA8uY1 What, though, if the woman is already pregnant and visibly so? If the bump prompted the question, is that enough to show unfavourable treatment?  Yes.

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Schona Jolly shortlisted for  'Barrister of the Year' at the Lawyer Award 2015 Chambers is delighted to congratulate Schona Jolly on being shortlisted for 'Barrister of the Year' at The Lawyers Award 2015. Schona is head of Cloisters' Civil Liberties and Human Rights Group and on the Bar's Human Rights Committee. The shortlist for The Lawyer Awards 2015 was announced today. The winner will be announced at an awards ceremony on Tuesday 23 June at the Grosvenor House Hotel in London.  For further information about the awards and the full list of those shortlisted please click here. 

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Five Cloisters' Silks join 22 QC panel to update on Hot Employment Issues for 2015-2016 Five Cloisters' Silks will be 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 This two day conference will be of interest to all those advising on employment law

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Modern Slavery Act 2015—the first steps in the right direction The Modern Slavery Act 2015 (MSA 2015) was one of the last bills to receive Royal Assent before Parliament was dissolved for the election. Schona Jolly, head of Cloisters' Human Rights Group, considers the new law and its shortfalls in this article published in Halsbury Law Exchange.

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Neither a gallop nor a Sunday evening stroll An update on the conjoined trials of Laurent Gbagbo and Charles Blé Goudé By Sheryn Omeri The prosecutions of former President of the Ivory Coast, Laurent Gbagbo, and his Sports Minister, Charles Blé Goudé, came before the Trial Chamber of the International Criminal Court (‘ICC’) on 21 April 2015 for the first time since June and October 2014 respectively. Both Messieurs Gbagbo and Blé Goudé were the subjects of arrest warrants issued by Pre-Trial Chamber III of the ICC on 23 November 2011 (Gbagbo) and 21 December 2011(Blé Goudé). The warrant issued in relation to Laurent Gbagbo made reference to four

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When do collective redundancy consultations rules apply to a chain of shops?  USDAW v Woolworths C-80/14 By Declan O'Dempsey Today the CEJU handed down its judgment on C‑80/14 Union of Shop, Distributive and Allied Workers (USDAW), B. Wilson v WW Realisation 1 Ltd, in liquidation, Ethel Austin Ltd, Secretary of State for Business, Innovation and Skills.  Since the Advocate General’s Opinion in [5/2/15] the expectation has been that the CJEU would rule against the union’s interpretation of when the rules for collective redundancy apply, and this has now happened.  However the reasons are interesting as they represent a balance being struck the CJEU. The case is a reply to a request by the

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Daphne Romney QC talks on Radio 4 about the culture of sexual discrimination and harassment in the City Daphne Romney QC talked to Jenni Murray on Radio 4 Woman’s Hour on 30 April 2015 about why sexual discrimination and harassment are still so rife in the City and how women who object to the aggressive and often crude  male sexual messages are often described as ‘cry-babies’. "What men see as ‘banter’ other people see as abuse “, she says. She also described the mental and physical toll and career consequences of bringing proceedings in a tribunal. Svetlana Lokhova, the City Banker who was awarded £3 million pay-out for sex discrimination and harassment at work described  how she was subjected

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Caspar Glyn QC and Tom Brown succeed in appeal for University College Union: collective consultation duty applies to fixed-term employees University and College Union v University of Stirling When are proposed dismissals for reasons not related to the individuals concerned? This is the question that employers, trade unions and Employment Tribunals must address when considering whether an employer is obliged to consult about collective redundancies, because it is only when a dismissal is for reasons unrelated to the individual concerned that the duty to consult arises.  The Supreme Court endorsed the ‘admirable test’ stated by the Employment Appeal Tribunal in University and College Union v University of Stirling: ‘A reason relates to the individual if it is something to do with

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Drafting a good reference to the Court of Justice Declan O’Dempsey reports back from the ERA Seminar for the judiciary held in Prague on 22-24 April, on the Court of Justice of the EU’s current views on how to draft a good request for a reference for a preliminary ruling.  There are many lessons practitioners can draw on how to ask for a request to be made by the Court or Tribunal. See here for the full article

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First toe in the water of ‘ In The Public Interest’ Chestertons v  Nurmohammed By Daphne Romney QC In order to qualify as a protected disclosure, a disclosure must be a qualifying disclosure, namely that it must fall within the categories listed in section ERA 1996 43B(1) as inserted by the Public Interest Disclosure Act 1998, and now re-amended by the Enterprise and regulatory reform Act 2013. Various Parliamentarians have had a go at defining this clearly and have failed.   Before 1998, there had been two attempts to introduce a measure to afford protection and encouragement to whistleblowers. The first Bill in 1995 was inspired by a number of preventable scandals

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Illegality in context - Sheryn Omeri comments on the recent Supreme Court decision in Hounga v Allen Cloisters' barrister Sheryn Omeri discusses the most recent decision in Hounga v Allen, a case where the claimant, Miss Hounga, had arrived in the UK on a fraudulent passport which she had used to secure a 6-month visitor’s visa and worked illegallyas a home help for the first Respondent (Mrs Allen) in London for a period of 18 months. Read Sheryn's full article in Counsel Magazine. April 2015 issue 

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Rachel Crasnow QC, David Massarella and Jennifer Danvers lecture on 'dishonesty test in regulatory proceedings' to RCN Cloisters barristers, Rachel Crasnow QC, David Massarella and Jennifer Danvers are giving a talk to the Royal College of Nursing on the dishonesty test within regulatory proceedings and how this has developed over time. The lecture on Monday 20 April is in London. 

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Investigating clinical accidents – a new set of teeth? By Patricia Hitchcock QC Shortly before Parliament rose for the election, the Public Administration Select Committee (PASC) published a report calling on the next Secretary of State for Health to set up a new, independent patient safety investigation body as a matter of priority. Lawyers specialising in medical cases, and patient advocate organisations, have for some time protested the lamentable inefficacy of the NHS complaints procedure and the highly regional approach of NHS Trusts to self-scrutiny and Serious Untoward Incident reporting.  Despite long-standing official policies of honesty in the main medical defence organisations’ and Trusts’ policies, and recent drives towards a

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Patricia Hitchcock QC and Joel Donovan QC talk on 'Hot topics and perennial problems'  at MBL clinical negligence conference Cloisters barristers, Patricia Hitchcock QC and Joel Donovan QC join leading expert panel of speakers at MBL's Hot Topics and Perennial Problems in Clinical Negligence conference  on Friday 17 April 2015 in London. Patricia, who will chair the conference, specialises in clinical negligence, catastrophic personal injury, inquests, medical law and related administrative and regulatory matters. She is regularly instructed in substantial matters in the higher courts on both liability and quantum, especially brain and spinal injuries; cancer; psychiatric negligence; fatal accidents. Patricia is regularly invited to speak at and/or chair medico‐legal conferences and co‐authors the limitation law division (to 2014) and claims of

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Cloisters responds to public consultation by the European Commission on its review of the Working Time Directive A team of four Cloisters’ barristers, Claire McCann, Olivia Dobbie, Sian McKinley and Chesca Lord, have co-written a response to the public consultation by the European Commission in connection with its review of the Working Time Directive.  The consultation was announced in December 2014 and concluded on 18 March 2015.  Here is a link to the response document.  It is hoped that the Commission’s review will address the impact of recognised changes to working partners since the first Working Time Directive was implemented more than 20 years ago.  Fundamental changes to the economy, technology and working patterns have impacted greatly on the

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Holiday Pay Claims: the end of the beginning? Or the beginning of the end? Caspar Glyn QC and Daniel Dyal On Monday 13 April 2015, Caspar Glyn QC and Daniel Dyal will address the Employment Lawyers Association in an evening training session in London on the hot topic of holiday pay. Here are a few tasters of the issues they will discuss and links to some of the source materials: -        Commission: following victory in Europe before the CJEU, Mr Lock has tasted victory in Leicester before the employment tribunal (Lock v British Gas). But how significant is this victory? Could its impact, for instance, be mitigated by simply including an element of rolled-up holiday

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Key highlights from record-breaking court awarded clinical negligence trial William Latimer-Sayer highlights some points arising out of the record-breaking award in Robshaw v United Lincolnshire Hospitals NHS Trust [2015] EWHC 923 (QB). The highest final court award following a contested personal injury or clinical negligence trial has remained static since the decision of Lloyd-Jones J, as he then was, in A v Powys Health Board [2007] EWHC 2996 (QB). The lump sum award of £10.7m for an Irish national, the first to break the £10m barrier, set a new high watermark at the peak of the Celtic Tiger, moments before the financial markets came crashing down and the world plunged

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Current issues in cerebral palsy and brain injury claims Simon Dyer chaired the 2015 AvMA Cerebral Palsy & Brain Injury Cases Conference.  In his session on Current Issues in Cerebral Palsy & Brain Injury Cases, Simon discussed Tippet v Guy's & St Thomas' Hospital NHS Foundation Trust, Baynhan v Royal Wolverhampton Hospitals NHS Trust, trends emerging from recent cases and legislative updates.  For Simon's lecture notes please click here.

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Cloisters unites with key family rights groups to raise awareness on shared parental leave and pay by Claire McCann Cloisters has joined Your Employment Settlement Service(YESS) Law, Maternity Action and Working Families to produce and disseminate vital information on the complex rights associated with shared parental leave which may be taken in respect of babies due to be born on or after 5 April 2015.  The shared parental leave regime is complicated and tricky to understand.  The alliance of Cloisters with these key family rights organisations is called SPLash and we will be producing factsheets and blogs to help increase awareness and understanding for parents and employers on shared parental leave and pay.  The first blog, “Shared

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William Latimer-Sayer appears for successful Claimant in record medical negligence award case Cloisters barrister, William Latimer-Sayer, led by Susan Rodway QC, appeared for the successful Claimant in a case that saw the highest ever medical clinical negligence award in history. The High Court ruled today that United Lincolnshire Hospitals NHS Trust must pay £14.6 million for birth injuries to James Robshaw, after failing to carry out a Caesarean section on his mother Suzanne Adams and properly monitoring her during labour. Her son James suffered catastrophic injuries as a result of obstetric negligence. Liability was admitted. Instructing solicitor: Denise Stephens at Shoosmiths. For judgment read: James Robshaw (a child by his mother and litigation friend

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Court reserves judgment in gay rights v religious beliefs case Gareth Lee v Ashers Baking Company Limited Belfast High Court reserved judgment yesterday in the case of Gareth Lee v Ashers Baking Company Ltd - a case that could have wide-reaching consequences for shop owners. Robin Allen QC, acting for gay rights activist Gareth Lee, told the court why a business should not “be allowed to break a contract with a single individual over small sums of money in a way that is tortious and in breach of equality law” irrespective of the fact that the business owner was acting on his or her religious beliefs, the Guardian reports. Mr Lee,

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Whistleblowing: How to fight and win under the new law Cloisters’ barrister Caspar Glyn QC and former Chair of the Industrial Law Society will give a talk on Whistleblowing at the Radisson Edwardian Hotel, Free Trade Hall in Manchester on 28 April 2015 at 6pm. Caspar will analyse the changes following the biggest shake-up to whistleblowing legislation in 2013 and will predict how the courts will approach this plus turning to practical advice for both Claimants and Respondents as to how to fight and win whistleblowing cases under the new law. See more information at: Whistleblowing - How to fight and win under the new law  Refreshments will be served from 5.30pm onward. 

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Holiday Pay Claims: The beginning of the end? Or merely the end of the beginning? Cloisters barristers, Caspar Glyn QC and Daniel Dyal, will conduct an evening seminar for the Employment Lawyers Association (ELA) on the topic of  Holiday Pay Claims on Monday 13 April 2015 at the Royal College of Surgeons, Lincoln's Inn Fields. London Their talk will analyse where we are, suggest where we are going and will consider the known unknowns and unknown unknowns,  charting a practical way forwards for advisors.     Key highlights covered will include: • In or out? Voluntary Overtime, Bonuses, Commissions, Role Based Allowances & others types of payment. • What is Normal? • Reference periods - 12 weeks or more? Employer / employee abuse.  • Series

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Shared parental leave and pay: discrimination issues By Catherine Richmond When I told my friend two years ago that I had spent my morning wading through the government’s proposals to introduce shared parental leave, he asked hopefully whether that was something to help frazzled parents get away from the kids for a few days (he takes care of his full-time). It was hard to disappoint him. But he was enthusiastic about the prospect of leaving behind the outdated assumption that it is always the mother and not the father that will be responsible for the care of a baby for the whole of its first year. It was

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By Dee Masters and Siân McKinley Overview Since C-303/06 Coleman v Attridge Law, a person may bring a claim for direct discrimination if they are treated less favourably because they are associated with a protected characteristic, such as disability or race, even if they do not share that protected characteristic. The facts of Coleman provide a classic example of permissible associative direct discrimination in that Ms Coleman was subjected to less favourable treatment because of her disabled son, for whom she was the primary carer, and that role directly and negatively impacted on her employment relationship. In March 2015, AG Kokott

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Clarkson, the BBC and employer’s liability  By Jason Galbraith-Marten QC and Rachel Crasnow QC Tony Hall, the BBC’s Director General, announced on 25 March that Jeremy Clarkson's contract will not be renewed after an "unprovoked physical attack" on a Top Gear producer, Oisin Tymon. It is widely reported that Mr Clarkson has hired lawyers, presumably to advise him about his rights against the Corporation. Less coverage has been devoted to the rights of Mr Tymon. Jeremy Clarkson was suspended on 10 March, following what was called a "fracas" with Mr Tymon. The row, which took place in a Yorkshire hotel, was said to have occurred because no hot food

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Posted by on in Blogs
From Luxembourg to Leicester Judgment of the Employment Tribunal in Lock v British Gas (25 March 2015) Commission payments should be included in holiday pay, according to Leicester ET By Adam Ohringer When Lock v British Gas [2014] ICR 813 was considered by the Court of Justice of the European Union (“CJEU”) the principle behind the calculation of holiday pay appeared clear: “The purpose of providing payment for that leave is to put the worker, during such leave, in a position which is, as regards his salary, comparable to periods of work” This meant that Mr Lock’s holiday pay should take account of what he

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