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Three Cloisters’ barristers elected on Industrial Law Society’s executive committee Chambers is delighted to congratulate Sarah Fraser Butlin who was elected  Vice Chair of the Industrial Law Society at its recent elections. She is joined by Anna Beale who is the newly elected Secretary and Declan O’Dempsey on the executive  committee. Sarah Fraser Butlin is  and employment specialist ‘noted for her strength at appellate level, and is recognised for her strong grasp of the technical minutiae in a case. She is very bright, client-friendly and excellent at cross-examination." (Chambers and Partners). Anna Beale is an employment specialist employment specialist, "well respected for her work on cutting-edge discrimination cases", who also maintains Continue reading
Daphne Romney QC acts for 3000 women in successful equal pay claim against council Daphne Romney QC, instructed by Fox & Partners, represented 3000 Claimants, including carers, cooks, cleaners, school crossing patrollers, sheltered housing wardens and caretakers working for North Lanarkshire Council. They were claiming equal pay with male comparators following a job evaluation scheme brought into effect in November 2006. The comparators included refuse collectors, refuse drivers, street sweepers and gardeners. The case was adjourned part heard in January for negotiations. Yesterday (19 March 2015), the Council approved a settlement agreement reached  between the Fox Claimants, the Unison Claimants and the Council. This means that settlement offers will sent out to the Claimants by Continue reading
Tribunal finds compulsory retirement of cricket umpires at 65 was not age discrimination By David Massarella On 13 March 2015 the London Central Employment Tribunal gave judgment in a test case about the right of the England and Wales Cricket Board (‘EWCB’) to dismiss first class umpires (‘FCUs’) at 65.  In Willey and Sharpe v England and Wales Cricket Board it rejected the idea that the EWCB could rely on its stated aim of avoiding disputes about potentially failing capability and so ‘preserving the dignity’ of the umpires, but found that their dismissals were not unlawful age discrimination because they were a justified means of pursuing the aims of bringing on new talent and Continue reading
Henderson v GMB : Discrimination and philosophical belief By Jennifer Danvers The recent EAT judgment in Henderson v GMB   is a must-read for practitioners seeking to advance or respond to claims of discrimination on the grounds of philosophical belief.          The Facts Keith Henderson, a GMB Regional organiser was dismissed on 7 December 2012.  At first instance the Tribunal held that Mr Henderson had been fairly dismissed for gross misconduct (being unmanageable and making unsupported allegations of collusion between the GMB and the Labour party), but that he had suffered direct discrimination and harassment on the basis of his “left-wing democratic socialist beliefs” for which he Continue reading
Spinal orthopaedic specialist found negligent in failure to diagnose child with scoliosis Spinal orthopaedic specialist found negligent in failure to diagnose child with scoliosis Simon Dyer Cloisters  clinical negligence and personal injury barrister acted for the successful claimant in Tresidder v Royal Cornwall Hospitals NHS Trust (Queens Bench Division)11 March 2015 where an eminent spinal orthopaedic surgeon was found to have negligently decided that an eight-year-old boy did not have scoliosis, despite the independent opinions of two GPs and the raised concerns of the boy's mother. On the balance of probabilities it was found that the boy did have scoliosis that was just within the visible range at the time. The court was required to Continue reading