The Latest from Cloisters

News, Publications, Policies, Events and Blogs
Featured

A radical reconsideration of the burden of proof: Efobi v Royal Mail Group Ltd (EAT)

In an important decision on the correct interpretation of the burden of proof provisions in the Equality Act 2010, Efobi v Royal Mail , Tom Coghlin and Navid Pourghazi successfully appealed against an employment tribunal’s decision to dismiss a claimant’s race discrimination complaints. S.136 of the Equality Act 2010 provides for a two-stage burden...
Continue reading
Featured

The ever-widening scope of vicarious liability

Adam Ohringer considers the recent judgment of Various Claimants v Barclays Bank plc [2017] EWHC 1929 (QB)  and its implications on vicarious liability.   Introduction A company has been held vicariously liable for the acts of an independent contractor.  In the ground-breaking Judgment of Nicola Davies J in Various Claimants v Barcla...
Continue reading
Featured

Voluntary Overtime and Holiday Pay

EAT
Nathaniel Caiden considers the recent Employment Appeal Tribunal (EAT) judgment in Dudley MBC v Willetts UKEAT/0334/16/JOJ that concerns the inclusion of voluntary overtime normally worked in calculating holiday pay.   Introduction On 31 July 2017, when many were actually on holiday, the EAT handed down the latest judgment dealing with holiday...
Continue reading
Featured

Professional Disciplinary Case Digest – May & June 2017

A summary of legally noteworthy appeals in the High Court and Court of Appeal against the decisions of professional disciplinary panels. Professional Standards Authority v (1) Health & Care Professions Council (2) Benedict Doree [2017] EWCA Civ 319   A decision to impose a caution order for a period of five years on a registered prosthetis...
Continue reading
Featured

The EAT issues guidance on in-time amendment applications

Navid Pourghazi considers the recent decision in Gillett v Bridge 86 Ltd (UKEAT/0015/17/DM) where the EAT overturned a refusal of an in-time application to amend a claim form and provided helpful guidance on how Tribunals should deal with such applications in the future.  A copy of the judgment is available here . Analysis The Claimant present...
Continue reading