The Latest from Cloisters

News, Publications, Policies, Events and Blogs

Carl Sargeant's widow wins high court bid to challenge inquiry into his sacking

Cloisters’ Sheryn Omeri , led by Nathalie Lieven QC, instructed by Hudgell Solicitors, today obtained permission from the Administrative Court (Mr. Justice Supperstone) for the widow of the late Carl Sargeant AM to seek judicial review of the procedure by which an Investigation into the Welsh First Minister’s removal of Mr. Sargeant from office wou...
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Cloisters' John Horan on panel for Oxford Disability Moot 2018

Celebrating the Centenary of Women’s Suffrage: What more needs to be done to improve the enfranchisement and representation of disabled people in British Politics and the Legal Profession? Organised by the Oxford Law Faculty 5pm, Saturday 10th November 2018 John Horan will sit on the panel along with Jane Burton; Debbie Foster; Damian Haywood ...
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Judgment handed down in the case of O’Brien v Ministry of Justice

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The CJEU has this morning handed down judgment in the case of O’Brien v Ministry of Justice (Case C-432/17). The judgment can be found here . In a 13 year fight for a pension, Dermod O’Brien has succeeded in his second visit to the CJEU. He was represented by his Cloisters’ team of Robin Allen QC , Rachel Crasnow QC and Tamar Burton . The case conc...
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The Hamlyn Lecture 2018. The Newest Problem: Making a Fair Comparison across all Ages, Robin Allen QC

The Hamlyn Lecture 2018 'The Newest Problem: Making a Fair Comparison across all Ages. Robin Allen QC Tuesday 23rd October, 17:30 Queen's University Belfast, School of Law Moot Court The first of three lectures under the title 'Why is equality so difficult?' Watch the full lecture  here .

Chris Milsom to appear in Court of Appeal in landmark case

Specialist employment and equality law barrister  Chris Milsom will appear in the court of appeal this week. He acts for a disabled student seeking a reappraisal of council tax Regulations which fail to recognise hours of study provided by way of reasonable adjustments. Students enrolled on courses which “normally require” at least 21 hours of...
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Cloisters' Jason Galbraith-Marten QC and Sheryn Omeri to appear in Court of Appeal for Uber drivers

This week, Cloisters barristers, Jason Galbraith-Marten QC and Sheryn Omeri will appear in the Court of Appeal, instructed by Bates Wells Braithwaite, on behalf of Claimant Uber drivers, Yaseen Aslam and James Farrar defending Uber’s appeal against the finding of the London Central Employment Tribunal and Employment Appeal Tribunal that Uber driver...
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Bar Standards Board clarifies the responsibility of barristers to report harassment

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Jen Danvers considers the Bar Standard Board’s recent regulatory update to barristers concerning the reporting of harassment and the pilot harassment support scheme. In 2016 1,333 female barristers were surveyed, 40% of whom said that they had experienced harassment at the Bar. [1] The difficulties in tackling this issue, particularly in self-emplo...
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Cloisters success at the Chambers & Partners Bar Awards 2018

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Cloisters is delighted to announce its success at the Chambers & Partners Bar Awards 2018:  Cloisters is the Employment Set of the Year William Latimer-Sayer QC is Personal Injury and Clinical Negligence Silk of the Year Tom Brown nominated for Employment Junior of the Year

Whistle-blowers have a direct remedy for dismissal against individual co-workers

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Whistle-blowers have a direct remedy for dismissal against individual co-workers - Schona Jolly QC and Chris Milsom act for whistleblower charity Protect in Osipov v Timis & Sage Background to the appeal Alexander Osipov was CEO of International Petroleum Ltd (‘IPL’) until he was dismissed for blowing the whistle about wrongdoing in relation to...
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Judgment in Hewes v Tanna [2018]

In Hewes v Tanna [2018] EWHC 2715 (QB) Joel Donovan QC and Martyn McLeish succeeded in reversing Master Cook’s order granting the defendant GP summary judgment. Joel and Martyn were instructed by Dr Jock Mackenzie and Amy Wedgwood at Anthony Gold Solicitors. The Master’s decision ([2018] EWHC 1345 QB) evoked widespread comment and some consternatio...
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AI Justice: Artificial intelligence decision-making and the law

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On Tuesday 16th October 2018  Robin Allen QC and Dee Masters  delivered the session 'AI Justice: Artificial intelligence decision-making and the law' at the Public Law Project’s annual Judicial Review Trends and Forecasts conference . The talk covered concerns about the introduction of AI technologies into decision-making proces...
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Darnley v Croydon Health Services NHS Trust: Supreme Court confirms duty of care exists on non-medical A&E staff

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In a unanimous judgment delivered on 10 th October 2018, the Supreme Court reminded practitioners that there is no need to consider the Caparo v Dickman test in every case where the existence of a duty of care is in issue, and that judges must be careful not to conflate issues relevant to the existence of a duty with those relevant to whether or no...
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The Icing on the cake: Now the tit for tat starts

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In this blog Daphne Romney QC further considers the Supreme Court judgment in Lee v Ashers Baking Co. Ltd. Last week, the Supreme Court handed down judgment in Lee v Ashers Baking Co. Ltd. in which it held that the bakery had not discriminated against a customer on grounds of sexual orientation, or religion or belief, in refusing to bake him a cake...
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The Bullying and Harassment of House of Commons Staff: Independent Inquiry Report

THE BULLYING AND HARASSMENT OF HOUSE OF COMMONS STAFF INDEPENDENT INQUIRY REPORT DAME LAURA COX DBE Download the report here

Daphne Romney QC considers the Supreme Court’s judgment in Lee v Ashers Baking Company Ltd and others

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The Supreme Court has upheld the appeal from Ashers a Northern Irish bakery and its owners, Mr and Mrs McArthur; they had refused to bake a cake with the message “Support Gay Marriage”. The Court held unanimously that the bakery had neither discriminated against Gareth Lee on the grounds of sexual orientation nor political belief; in any event, to ...
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Judgment Analysis: Jay v Secretary of State for Justice

Cloisters’ pupil, Catherine Meenan, examines the High Court’s decision to allow the appeal brought under the Gender Recognition Act 2004 in Jay v Secretary of State for Justice. Cloisters'  Claire McCann   acts for Ms M Jay, a trans woman who had her application for a Gender Recognition Certificate (GRC) denied by the Gender Recognition P...
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Business as usual? The European Court of Justice and Brexit

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Thursday 15 November 2018 6.30pm – 8.00pm with drinks to follow  Venue:  UNISON Centre, 130 Euston Road, London, NW1 2AY Speakers:  Eleanor Sharpston, Advocate General at the Court of Justice of the European Union and Schona Jolly QC, Cloisters Fee: This event is free of charge to members of Industrial Law Society (ILS...
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Excluding children with a tendency towards physical abuse and the EA 2010

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Catherine Casserley discusses C & C v the Governing Body of a School, The Secretary of State for Education (First Interested Part) and the National Autistic Society (Second Interested Party) (SEN) [2018] UKUT 269 , a judgment of the Upper Tribunal in which it was held that the exclusion of those with a tendency to physical abuse from the defini...
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Sarah Fraser Butlin and Tamar Burton appointed to the Infected Blood Inquiry

Specialist claimant clinical negligence barristers Sarah Fraser Butlin and Tamar Burton have been appointed as lead junior and junior counsel to the Infected Blood Inquiry. The public inquiry is looking at how thousands of NHS patients were given blood products contaminated with HIV, Hepatitis C and other infections during the 1970s and 1980s ...
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Cloisters' Paul Michell and Rachel Barrett act for whistleblower in OFGEM case.

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Cloisters' Paul Michell and Rachel Barrett act for Greg Pytel, an economist with oversight of the rollout of the £10.9bn smart meter programme, who says he was told he could not expose concerns about his employer, OFGEM, and that they have exploited national security law to silence him. Read the full story here

Cloisters’ barristers to speak at the Public Law Project’s annual Judicial Review Trends and Forecasts conference.

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Robin Allen QC and Dee Masters will be speaking at the session, “ AI Justice: Artificial intelligence decision-making and the law” which will discuss concerns about the introduction of AI technologies into decision-making processes within government and the justice system. Specifically, they will be explaining how discrimination law can be use...
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Three Chambers Bar Awards Nominations for Cloisters

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Cloisters is thrilled to announce that we have received three nominations for the Chambers and Partners Bar Awards 2018. The awards are based on research for the 2019 edition of  Chambers Bar and reflect a set's pre-eminence in key practice areas. They also reflect notable achievements over the past 12 months including outstanding work, i...
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Rachel Crasnow QC nominated for Diversity Legal Award

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Renowned employment specialist  Rachel Crasnow QC  has been recognised by the UK Diversity Legal Awards as a nominee for Diversity Champion of the Year.  The UK Diversity Legal Awards was founded in 2009 to showcase and celebrate work being done by individuals, teams and organisations to engender greater diversity in the legal profes...
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Robin Allen QC to lead Hamlyn Lecture Series 2018

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Head of Chambers Robin Allen QC is to lead the Hamlyn Lecture Series 2018.  The Hamlyn Trust has sought to further knowledge and understanding of the law since 1949 with a series of public lectures by eminent speakers including distinguished judges, legal practitioners and academic lawyers. In this years' lecture series, Robin will discus...
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22 QCs on the Hot Employment Law Issues 2018-19

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Cloisters is pleased to announce that a number of our silks will be talking at the upcoming 22QCs 2018 with Michael Rubenstein Conferences.  A unique event in the employment law calendar, the event will bring together a number of Britain’s top employment and discrimination law silks. See below details of talks by Cloisters Barristers.  11...
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Room for improvement: BEIS reviews Gender Pay Gap reporting

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The House of Commons’ Business, Energy and Industry Strategy Committee (BEIS) issued a report on 2 August 2018 making wide-ranging recommendations about gender pay gap reporting. Daphne Romney QC , an expert on equal pay matters, considers their conclusions in this blog. Introduction The Equality Act 2010 (Gender Pay Gap Information) Regulations 20...
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Four silks and one junior highlighted in Who's Who Legal, Labour & Employment 2018

The newest edition of Who's Who Legal has been launched and recommends 5 Cloisters barristers including Robin Allen QC , Paul Epstein QC , Caspar Glyn QC , Jason Galbraith-Marten QC and Dee Masters .  The directory, which has been listing the foremost legal practitioners since 1996, has also recognised Robin, Paul and Caspar as thought le...
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Carl Sargeant Judicial Review Proceedings issued

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Cloisters’ Head of Public and Administrative Law, Sheryn Omeri is instructed on behalf of Bernadette Sargeant, widow of the late Carl Sargeant member of the Welsh Assembly, led by Leslie Thomas QC. Mr. Sargeant took his own life in November 2017 after being suspended from his post by the First Minister of Wales. The First Minister committed to esta...
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R (Jollah) v Secretary of State for the Home Department: The Parameters of False Imprisonment

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Ruaraidh Fitzpatrick considers the judgments upholding the decision that a person who was unlawfully subject to curfew conditions requiring him, on threat of criminal sanction, to be at his home address between the hours of 23:00 and 07:00 every day had been entitled to damages for false imprisonment. Cloisters barristers Declan O’Dempsey , Sheryn ...
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Gender Recognition and Trans Equality

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With trans headlines constantly in the news,  Claire McCann  examines the law on trans rights and the dangers of misinformed debate in this month's edition of Counsel Magazine. Read full article here.

“No DSS”: Can landlords and letting agents lawfully bar benefits tenants?

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Private landlords and letting agents frequently advertise their properties stating that they will not rent to housing benefit tenants (for some outdated reason, still often referred to as “DSS” tenants). This causes real difficulties to such tenants whose housing choices are restricted. In this blog, Rachel Crasnow QC considers the legality of such...
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Are new initiatives to tackle age discrimination on their way?

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In this blog, Rachel Crasnow QC considers the recent proposals to reform the Equality Act 2010 outlined by the Women and Equalities Committee in its report concerning Older People and Employment which was published on 17 July 2018. Their proposals were formulated after hearing expert evidence from a range of people including Cloisters’ Dee Masters ...
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Women and Equalities Committee report on Older People and Employment

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On 17 July 2018, the Women and Equalities Committee published its report into Older People and Employment. A copy of the report is available here . It recognises that older people continue to be discriminated against in the workplace and the Equality Act 2010 requires some careful tweaks so as to encourage fuller employment for the over 50’s. These...
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Court of Appeal in Mencap: The end of minimum wage for sleep-ins when asleep?

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Nathaniel Caiden considers today’s Court of Appeal judgment in Royal Mencap Society v Tomlinson-Blake and Shannon v Rampersad in which Caspar Glyn QC and Chesca Lord appeared for Mr Shannon. The Court of Appeal in   Royal Mencap Society v Tomlinson-Blake and Shannon v Rampersad   [2018] EWCA Civ 1641were concerned with the issue of whethe...
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Court of Appeal hands down judgment in 'sleep-in' case of Mencap

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The Court of Appeal handed down judgment this morning in the combined appeals of in Royal Mencap Society v Tomlinson-Blake and Shannon v Rampersad (full judgment available here ). In the sole judgment, Lord Justice Underhill has overturned a substantial body of case law and found that “sleep-in” residential care workers are only entitled to the Nat...
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Trafficking victim awarded High Court damages in minimum wage and harassment claims

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Anna Beale represented the claimant, Ms Ajayi, a migrant domestic worker, in this unusual High Court claim brought against her former employers, Mr and Mrs Abu, for payment of the minimum wage, harassment, breach of contract and personal injury. In August 2017, the court found that the “family worker” exemption to the requirement to pay the minimum...
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Algorithms, apps & artificial intelligence 2: Can data protection laws be used to challenge discriminatory tech?

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New paper from Cloisters’ Robin Allen QC and Dee Masters examining discriminatory technology. In our first piece , which we initially published in November 2017, we explored the interplay between technology and the Equality Act 2010 (‘ EA 2010 ’) concluding that algorithms, apps and artificial intelligence (‘ AI ’) have the potential to give rise t...
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New paper from Robin Allen QC and Dee Masters: Algorithms, Apps & Artificial Intelligence

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Since publishing their popular blog  Algorithms, Apps & Artificial Intelligence:  The next frontier in discrimination law , Robin Allen QC and Dee Masters have had many enquiries and follow ups both here in the UK and Europe. Yesterday, Wednesday 4th July 2018, they delivered a talk of the same name to the Discrimination Law Asso...
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Assisted suicide, Conway and the Human Rights Act

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Catriona Stirling considers the Court of Appeal’s judgment yesterday in R (Conway) v Secretary of State of Justice. Cloisters’ Catherine Casserley was intervening on behalf of Not Dead Yet UK. The Court of Appeal yesterday handed down its judgment in the case of R(Conway) v Secretary of State for Justice , the latest in a long line of challenges br...
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Whistleblowing. In tune again.

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The Court of Appeal’s Judgment in Kilraine v London Borough of Wandsworth [2018] EWCA Civ 1436 is considered by Adam Ohringer . To benefit from whistleblower protections, a worker must first show that she made a ‘disclosure qualifying for protection’ under s.43B of the Employment Rights Act 1996.  Until 25 June 2013 it was sufficient to show t...
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Zero-Hours Contracts and the Part-Time Workers Regulations: Roddis v Sheffield Hallam University UKEAT/0299/17

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Cloisters' pupil Jonathan Cook explores Zero-Hours Contracts and the Part-Time Workers Regulations in the case of Roddis v Sheffield Hallam University UKEAT/0299/17 Specialist employment and discrimination barrister  David Massarella acted for the successful Appellant in the EAT in this case which examined how Tribunals should approach ‘z...
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Religion or belief and GORs. Bumper CJEU Round-Up, Part 2

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In the second part of this two-part blog, Cloisters’  Schona Jolly QC  and  Sarah Fraser Butlin  look at important new developments from the CJEU on the genuine occupational requirement in the context of religion or belief discrimination in the Framework Directive. When does a requirement to profess a faith, or to follow a parti...
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Cloisters’ specialist fire service barrister speaks for the FBU at Grenfell Inquiry

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Cloisters’ specialist fire service barrister, Martin Seaward , is acting for the Fire Brigades Union (FBU) and the firefighters and control staff whom it represents at the ongoing Grenfell Tower Inquiry. After many years representing the bereaved families of deceased fire fighters who died fighting fire, Martin is well placed to assist the FBU in t...
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The long-awaited Pimlico Plumbers decision: is it all that it was cracked up to be?

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Cloisters’ Sarah Fraser Butlin analyses the important Supreme Court case on worker status which was handed down today. For those of us involved in the gig economy and other employment status cases, the long awaited judgment of the Supreme Court in Pimlico Plumbers has arrived.  But does it answer all the questions that have been buzzing around...
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Cloisters team in European Court for part-time workers pension case

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Robin Allen QC ,  Rachel Crasnow QC  and  Tamar Burton  will appear in the Court of Justice of the European Union today in the case of O’Brien. The case concerns discrimination against O'Brien, a part-time judge in the calculation of his pension. The issue is whether periods of service as a part-time judge prior the coming into ...
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A new dawn for the Charter? Bumper CJEU Round-Up,  Part 1

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In a two-part blog, Cloisters’ Schona Jolly QC and Sarah Fraser Butlin look at important new developments from the CJEU on the Charter of Fundamental Rights, religion or belief discrimination and working time. It’s been something of a bumper few weeks at the European Court of Justice in Luxembourg (‘CJEU’) where an expansive use of the Charter of F...
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Important principle in whistle-blowing law to be considered by the Court of Appeal

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On Wednesday 13 June 2018 the Court of Appeal will hear the case of Kilraine v London Borough of Wandsworth . Cloisters’ barristers Chris Milsom and Rachel Barrett represent the appellant, Karen Kilraine, who is challenging the decision of the employment tribunal to dismiss her whistle-blowing claim. A key point in the appeal is whether the law dis...
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Freezing orders in support of employment tribunal proceedings: The European dimension

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Adam Ohringer looks at the Opinion of the Court of Session (Lord Tyre in the Outer House) in AA v The Secretary of State for Business, Energy and Industrial Strategy [2018] CSOH 54 . The rate of non-payment of awards made against employers by employment tribunals is scandalous. A 2013 study by the Department for Business Innovation & Skills fou...
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Algorithms, Apps and Artificial Intelligence: The Next Frontier in Discrimination Law?

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Wednesday 4 July 2018 from 18:00 to 19:30 Robin Allen QC and Dee Masters will jointly deliver a talk on the interplay between technology and discrimination law at an upcoming Practioner Group Meeting at the Discrimination Law Association.  Following the popularity of the their Algorithms, Apps and Artifical Intelligence blog, Robin and Dee wil...
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Lender not obliged to offer different service as reasonable adjustment (Green v Southern Pacific Mortgage Ltd)

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Property Disputes analysis: Following the Court of Appeal’s judgment in Green v SouthernPacific Mortgage Ltd, Cloisters' barrister  Declan O’Dempsey , advises that practitioners should identify the service that is being offered to the public or a section of thepublic with some precision. Read the full article here .

Sir Stephen Sedley publishes Law and the Whirligig of Time

Sir Stephen Sedley has published a new book, 'Law and the Whirligig of Time '. Drawing on over 30 years of experience of the law, first as a QC, then as a judge, and latterly as a visiting professor of law at Oxford, Stephen Sedley has written and lectured widely for a variety of audiences.  This new volume contains more recent artic...
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Catherine Casserley instructed for severely disabled boy suing theme park

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Specialist equality and discrimination barrister Catherine Casserley is instructed for 11 year old Adam George, a severely disabled boy who is suing Flambards Theme Park, in Cornwall for failing to provide a suitable 'changing places' lavatory.  It is the first case involving the 'Changing Places' campaign, which is trying to get service provi...
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Sarah Fraser Butlin elected to Fellowship at Cambridge University

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Cloisters is delighted to announce that  Sarah Fraser Butlin  has been elected to a Fellowship at  Selwyn College, Cambridge.   Sarah will be continuing in practice in Cloisters, alongside her teaching and research in Cambridge.

Cloisters awarded Well-being Certificate of Recognition

Cloisters has been awarded a Wellbeing Certificate of Recognition  by the Bar Council's Wellbeing at the Bar Working Group.  Cloisters decided to promote well-being in the work place to raise awareness among barristers and staff of the benefits of reducing stress and anxiety caused by excessively busy professional lives. We begun to tackl...
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EAT upholds courier worker status: Addison Lee v Gascoigne

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In this blog, Rachel Crasnow QC considers the latest instalment in the Addison Lee litigation ( Addison Lee v Gascoigne ), a case in which Cloisters’ Tamar Burton represented the successful claimant at first instance and on appeal. She was instructed by the Independent Workers Union of Great Britain. Overview   The claimant (“C”) had been a cy...
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Celebrating the newest edition of the Equal Treatment Bench Book

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Cloisters’ John Horan celebrates the new edition of the Equal Treatment Bench Book (ETBB), published last February, which provides genuine advice and a sure-fire method of taking seriously the reasonable adjustments that disabled people require for the litigation process. This comes at a time when, in particular, employment tribunals have shown the...
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Tribunal erred in rejecting Shared Parental Leave claim

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Hextall v Chief Constable of Leicestershire Police EAT allows appeal: ET erred in its dismissal of indirect discrimination claim.  Rachel Crasnow QC , specialist in workplace rights, considers the latest appeal in the Shared Parental Leave saga. SUMMARY : Yesterday the EAT found that the ET erred in adopting for the purposes of Mr Hextall’s in...
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Supreme Court to hear 'Gay Cake' case this week

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'Gay Cake': Ashers Bakery case is to be heard at the Supreme Court on Tuesday and Wednesday during its first-ever hearings in Northern Ireland. This long-running case began in May 2014 when gay rights activist Mr Gareth Lee placed an order for a cake with the slogan 'Support Gay Marriage' iced on top. The order was refused by Ashers Bakery. Represe...
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What is the price of a breach of covenant?

Jacques Algazy QC and Adam Ohringer  consider the recent Supreme Court case of Morris-Garner v One Step (Support) Ltd [2018] UKSC 20 , which examined the availability of so-called Wrotham Park damages in claims for breach of contract.  The facts of the case were startlingly simple, as was the legal issue which arose; the Judgment of the C...
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Senior civil servant wins employment case against the Commonwealth Secretariat

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Specialist employment and discrimination silk Tom Coghlin QC successfully represented a senior international civil servant, who was forced to resign his position with the Commonwealth Secretariat after he was blamed for leaking stories to the press, following a specially convened employment tribunal in London. Mr Ram Venuprasad resig...
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Newcastle upon Tyne Hospitals NHS Foundation Trust v Haywood [2018] UKSC – what are the implications of the Supreme Court’s judgment?

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Nathaniel Caiden considers today’s Supreme Court judgment in Newcastle upon Tyne Hospitals NHS Foundation Trust v Haywood [2018] UKSC  in which Caspar Glyn QC and Tom Brown successfully represented Mrs Haywood. Today’s Supreme Court judgment has identified a standardised implied term when giving written notice of dismissal (i.e., a term implie...
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ELA Annual Conference 2018

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  Wednesday 23rd May 2018  Royal Lancaster London, Lancaster Terrace, London, W2 2TY Cloisters' are delighted that several of their employment experts will speak at this years' ELA annual conference and dinner. Specialist equality, employment and civil liberties barrister   Schona Jolly QC will sit on the panel for the plenary sessio...
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Equality Law after Brexit

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Thursday 26th April 2018, 4 - 5pm The British Academy, 10 - 11 Carlton House Terrace, London SW1Y 5AH Expert equality law barrister Schona Jolly QC will join a distinguished panel to discuss the future of equality law after Brexit.  Schona will be joined on the panel by Catherine Barnard (The UK in a Changing Europe) and Clive Colema...
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New instruction for Cloisters from the Labour Party

The Labour Party has instructed  Tom Gillie , Rachel Barrett and Nathan Roberts  from Cloisters to advise it in relation to ongoing sensitive internal complaints of alleged anti-semitism and sexual harassment against party members.  Tom, Rachel and Nathan are specialists in discrimination and regulatory law. This news page will ...
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Patricia Hitchcock QC and Jacques Algazy QC appointed recorders.

We are delighted to announce that two Cloisters barristers have today been appointed as Recorders of the Crown Court. Patricia Hitchcock QC and  Jaqcues Algazy QC  have both been appointed to sit in the Crown Court with effect from 25 April 2018. Patricia will sit in the South Eastern Circuit and Jacques will sit in the North Eastern circ...
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Such a clear dividing line? Maternity Leave and Shared Parental Leave: the EAT judgment in Ali v Capita UKEAT/0161/17/BA.

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On 11 April 2018 the EAT overturned the direct discrimination finding of the Tribunal in Ali v Capita Customer Management Ltd concerning whether employers who offer enhanced maternity pay must also offer enhanced Shared Parental Pay.  Rachel Crasnow QC considers the judgment in this blog. Cloisters' Chris Milsom acted for the intervener Workin...
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Acas early conciliation effect on tribunal time limits and the decision of Luton BC v Haque EAT/0180/17/JOJ

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Navid Pourghazi   considers today’s judgment by the Employment Appeal Tribunal (EAT) in Luton BC v Haque , which concerned how the ACAS early conciliation provisions affect Tribunal time limits, and summarises the simple approach to take in calculating time limits following the most recent case law, drawing from submissions made by the appella...
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Sexual harassment in the workplace, a new report from EHRC

On Tuesday 27th March, the Equality and Human Rights Commission launched their report into sexual harassment in the workplace. The report 'Turning the Tables: Ending Sexual Harassment at Work' shares evidence about sexual harassment in the workplace gathered from individuals and employers, and includes a framework of recommendations for change.&nbs...
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Catherine Casserley represents 11 year old Ben Gleeson in £42,000 disability discrimination claim

Catherine Casserley  represented Ben Gleeson and his family after Ben was told by his scout group that he could not go to camp or take part in athletics without supervision. Scout pack leaders said Ben could not travel with the rest of the group on a bus to events or participate in athletics. They also said he had to have one-to-one super...
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Three Recorder appointments for Cloisters

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We are delighted to announce that three Cloisters barristers have today been appointed as Recorders of the Crown Court. Caspar Glyn QC , Tom Brown and Sarah Fraser-Butlin have all been appointed to sit in the Crown Court with effect from 4 April 2018. Caspar and Sarah will sit on the South Eastern circuit, Tom will sit on the Western Circuit. The Q...
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Third edition of Employment Law and Human Rights published

A new edition of  Employment Law and Human Rights  (Oxford University Press) has been released. Widely considered an authority in the field of employment law and human rights, written by Cloisters' renowned author team; Robin Allen QC , Rachel Crasnow QC , Anna Beale ,   Claire McCann  and Rachel Barrett . New to the third ...
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Rachel Barrett represents bereaved family of Robin Richards

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Cloisters’ Rachel Barrett represents the bereaved family of Robin Richards, whose death has highlighted a lack of provision for people with Asperger’s Syndrome. A two week jury inquest in Wells, Somerset has concluded that the issues which contributed to Robin taking his own life included communication; training; information sharing; discharge plan...
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Reflecting on International Women's Day: A view from Cloisters by Rachel Crasnow QC

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2017 - 2018 has been a time of great change for gender politics worldwide. The #MeToo and #TimesUp campaigns look to run and run: this affects all our workplaces.  The gender pay gap and its complex causes are part of our working lives at Cloisters as well; from the cases that myself and my colleagues have lent our expertise to for both sides,...
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Join our growing team

        Cloisters is a highly-regarded and long-established set with a modern outlook.  We are expanding our team and invite applications from exceptional junior practitioners of all calls who share our core values and who have established practices in one or more of our practice areas: Employment/Discrimination, Personal I...
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Sports Law & Business Conference

Friday 16 March 2018 This full day conference, to be held at Manchester City’s Etihad Stadium, will allow those with an interest in sports law, governance and business the opportunity to hear what the leading experts think about the important issues of the day, before debating the same at a drinks reception and networking session. Schona Jolly QC w...
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The end of the ‘sex taint’ argument in equal pay: McNeil v Commissioners for HM Revenue and Customs

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Robin Allen QC and Anna Beale consider the implications of the EAT’s decision in McNeil v Commissioners for HM Revenue and Customs [ 1] , one of the first appellate cases to consider what is required to show “particular disadvantage” in an equal pay claim based on indirect discrimination under the Equality Act 2010. Previous formulations of the tes...
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12 Week rights for agency workers: Kocur v Royal Mail

Tom Coghlin QC considers the important judgment of the Employment Appeal Tribunal (EAT) in Kocur v Royal Mail and anor UKEAT/0181/17 , a decision which brings much-needed clarification to the rights of agency workers to the same basic working and working conditions under the Agency Worker Regulations 2010. Nathaniel Caiden of Cloisters appeared for...
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When does ‘stand-by’ work constitute working time? - Judgment of 21 February 2018, Ville de Nivelles v. Rudy Matzak, Case C 518/15.

In this blog Andrew Buchan considers Wednesday’s judgment by the Court of Justice of the European Union on stand-by work. Why is this case important? It explains the effect of the Working Time Directives on two different types of stand-by systems. One requiring ‘permanent accessibility’ (i.e. to be contactable off the work premises) and the other r...
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Collective redundancy and pregnant workers - Porras Guisado v Bankia SA Case C-103/16

In this blog Sally Robertson considers yesterday’s judgment by the Court of Justice of the European Union on pregnancy and collective redundancies - Porras Guisado v Bankia SA Case C-103 Last September, in the context of whether a pregnant woman should have been given priority in a collective redundancy exercise, Advocate General Sharpston’s Opinio...
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New Paper by Rachel Crasnow QC, Discrimination Law in 2018: Pregnancy, Maternity and Parental Rights

Employment specialist Rachel Crasnow QC  has published a new paper entitled Discrimination Law in 2018 . Rachel's paper focuses on "issues that are thrown up by working adults juggling domestic and professional life." including pregnancy, maternity and parential rights. In this new paper Rachel explains how "this area of the law is never stati...
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The gender pay gap: why its removal is a priority for today’s workplace

Wednesday 28 February 2018 Rachel Crasnow QC will deliver a talk on the gender pay gap at a conference designed to give up-to-the-minute strategies and practical guidance to legal professionals. Her talk will cover: - Just what is the gender pay gap?  - Competing causes - How to close the gap: Simple solutions & long term objectives. ...
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New paper 'Discrimination Law in 2018' by Robin Allen QC

Robin Allen QC has released a new paper entitled: Discrimination Law 2018. In his new paper, Robin discusses new cases concerning Sexual Orientation and Religion or Belief as well as Transgender rights particularly in relation to marriage. He explains that radical social changes are occuring as a result of the prohibition on both sexual orientation...
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Job interviews “ripe territory” for maternity discrimination.

Job interviews “ripe territory” for maternity discrimination.
The Equality and Human Rights Commission has today published a new study revealing the extent of maternity and pregnancy discrimination in recruitment. Showing that many businesses’ attitudes are decades behind the law, the survey of 1,106 senior decision makers in business found around a third (36%) of private sector employers agree that it is rea...
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ELA - Disability discrimination, how key concepts have been clarified in the last year

Tuesday 27 February, 6:30 - 7:30pm Venue: Freshfields Bruckhaus Deringer, 65 Fleet St, London EC4Y 1HT Speakers: Catherine Casserley , Cloisters and Karen Jackson, didlaw. Specialist equality, discrimination, employment and human rights barrister Catherine Casserley will speak at an upcoming Employment Lawyers Association event. The evening session...
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Worker Status and Vicarious Liability: The Need for Coherence

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Sarah Fraser Butlin and Robin Allen QC have published a University of Cambridge Law Faculty working paper on Pimlico Plumbers and vicarious liability.  Gig economy cases continue to dominate the news and work their way through the courts. This paper considers a different angle to the issues and argues that the developments in vicarious liabili...
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Disability in the Legal Professions

Tuesday 27 February, 6.30pm, 39 Essex Chambers, 81 Chancery Lane London Diversity in the legal professions is often discussed and debated. The deliberations of race, gender and social class equality, however, often omit disability. The purpose of this event is to raise awareness of the steps needed to ensure that disabled people can acces...
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Constructive knowledge of disability: Donelien v Liberata UK Ltd [2018] EWCA Civ 129

In this blog Nathaniel Caiden considers yesterday’s judgment by the Court of Appeal that concerned constructive knowledge of disability - Donelien v Liberata UK Ltd [2018] EWCA Civ 129 (in which Tom Brown appeared throughout for the successful party). HR professionals, employers, lawyers and courts all have to deal with the sometimes fraught questi...
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Schona Jolly QC to address disability and equality in a post-Brexit UK.

Thursday 8th February Schona Jolly QC  spoke at the Business Disability Forum President’s Group Dinner. A flagship event for Business Disability Forum Partners, the dinner is an opportunity for senior leaders to join thoughtful and interesting conversation with disabled opinion formers and influencers. The theme of the evening was Brexit and l...
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4th edition of Personal Injury Schedules: Calculating Damages published

A new edition of Personal Injury Schedules: Calculating Damages has been released. The updated text will take account of developments resulting from case law since the last edition in 2010. The text covers in one single volume all that the PI practitioner needs in order to calculate damages in a personal injury case. It provides a guide to the asse...
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Nathan Roberts appointed to the Attorney General's Panel of Counsel

Cloisters offers its congratulations to Nathan Roberts who has been appointed to the C Panel of Junior Counsel to the Crown in his first year of eligibility. His appointment will take effect from March 2018.

Closing the Race Employment and Pay Gaps: Levers for Change

Wednesday 31 January 2018, 10 - 1pm The Equality and Diversity Forum and Cloisters are excited to host, Closing the Race Employment and Pay Gaps: Levers fo r Change.  This seminar will focus on how we can work together to achieve policy and behaviour change, hearing from leading experts in these fields. An interactive panel session will provid...
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Cloisters' barristers to appear in Supreme Court case on worker status

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Robin Allen QC , Sally Robertson and Sarah Fraser Butlin have been instructed to intervene in the Supreme Court on behalf of the IWGB union in  Pimlico Plumbers Ltd v Others v Smith . The hearing will take place on 20 and 21 February 2018 and represents a key opportunity for the Supreme Court to consider worker status.

Catherine Casserley instructed in Little Mix sign language row.

Catherine Casserley , an expert in disability discrimination is instructed for a deaf mother who is suing Little Mix promoter in sign language argument.  In order that she could fully access the performance, Sally Reynolds asked the organisers of a Little Mix concert, LHG Live, to provide a British Sign Language interpreter. Under the Equality...
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Cloisters sponsors the launch of the Fawcett Society Sex Discrimination Law Review

                      Fawcett Society Sex Discrimination Law Review Launch, Tuesday 23 January 2018 Cloisters is delighted to announce sponsorship of the launch of the Fawcett Society Sex Discrimination Law Review. The Fawcett Society , the UK’s leading charity campaigning for gender equal...
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Glasgow City Council Decides Not to Appeal

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Yesterday, Glasgow City Council decided that it would not pursue permission to appeal to the Supreme Court against the Court of Session decision in HBJ Claimants v Glasgow City Council [2017] IRLR 739. The Court had allowed the claimants’ appeal against rulings by the ET and EAT that the Workplace Pay and Benefits Review (“WPBR”), the job evaluatio...
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Arthur Davidson QC

It is with great sadness that we announce the loss of our great friend and esteemed colleague Arthur Davidson QC who passed away on Tuesday evening.  Arthur Davidson QC was called to the Bar in 1953 and took silk in 1978. From 1982 to 1983 he was Shadow Attorney General for the Labour party. He was Legal Director of Associated Newspapers from ...
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Claire McCann and Navid Pourghazi to speak at ELA Conference

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Tuesday 20 March 2018, 9:30am - 5:30pm  Discrimination: The Law and Strategy presented by The Employment Lawyers Association is a two day conference. Cloister's Claire McCann and Navid Pourghazi will deliver an introduction to the concepts of discrimination. Their session will identify key discrimination concepts, including identifying protect...
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Equality Law Training in Scotland

Monday 29 January 2018, 9:50 - 4pm  Presented by the Equality and Human Rights Commission Scotland in association with Michael Rubenstein Conferences Ltd. This conference is aimed at experienced lawyers, practitioners in employment and equality law, and equality and diversity specialists.  Rachel Crasnow QC   will deliver a talk abou...
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Discrimination Law in 2018 presented by Michael Rubenstein Conferences Ltd

Friday 26 January 2018, 8:45 - 4pm This unique conference 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. Join Michael Rubenstein and six of Britain’s leading discrimination law ex...
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Schona Jolly QC to chair the HRLA Annual General Meeting and Lecture

Tuesday 23 January 2018, 5:30 - 8pm The Human Rights Law Association Annual Lecture is open to everyone. The chair of the Equality and Human Rights Commission, David Isaac, will talk about the state of human rights in modern Britain. Leading the conversation will be Cloister's Schona Jolly QC .  To register for this event please contact&n...
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Sally Cowen and Declan O’Dempsey are appointed fee-paid Employment Judges in Scotland

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Sally Cowen and Declan O’Dempsey  have been appointed by the Lord President to sit as fee-paid Employment Judges in the Scottish Employment Tribunal Service from 15 th January 2018. Sally and Declan will be based in the Edinburgh tribunal, strengthening close links with the Scottish Employment Law community. Declan already sits in the Newcastl...
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Is age discrimination keeping older people out of work?

Dee Masters gave oral evidence to the Women and Equalities Committee today (10 January 2018) concerning ways in which the law could be modified so as to improve the recruitment and retention of older workers.  She shared a panel with Christopher Brooks (Senior Policy Manager, Age UK), Elizabeth Prochaska (Legal Director, Equality and Human Rig...
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Claire McCann: What privacy rights do employees have in the workplace?

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Get out of my Face...book! Can employees enjoy any privacy in the workplace? Experienced employment, discrimination and equality barrister, Claire McCann , will host the above session in Manchester tomorrow evening (Tuesday 9th January). Claire will examine recent case law in her attempt to unpick some of the thorny questions thrown up by the ...
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Schona Jolly QC on plugging the post-Brexit human rights gap

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Human rights and equalities lawyer Schona Jolly QC  warns that the government’s refusal to incorporate the EU Charter of Rights into UK law will weaken human rights protections.  In an article published in the Guardian yesterday, Schona explains that the government's analysis “fails to tackle the legal reality that abandoning the cha...
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COA dismisses whistleblowing judge’s appeal in Gilham v MOJ

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The Court of Appeal has today (21 December 2017) given judgment in the much awaited “are judges workers?” case of Gilham v MOJ . They have rejected the argument that judges work under contracts or that denying them whistleblowing rights breaches their human rights under Article 10 and 14. The judgment recognises that the distinction between those e...
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Is Enhanced Shared Parental Pay Legal?

The EAT will hear the appeal in Ali v Capita Customer Management Ltd today on the issue of whether employers who offer enhanced maternity pay must also offer enhanced Shared Parental Pay.  The joined appeal of Hextall v Chief Constable of Leicestershire Police will take place in January 2018.  Siân McKinley considers the significance of t...
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Appeal court to scrutinise legality of enhanced shared parental pay

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The Employment Appeal Tribunal will hear the appeal in  Ali v Capita Customer Management Ltd  tomorrow, Wednesday 20th December, on the issue of whether employers who offer enhanced maternity pay must also offer enhanced shared parental pay. The joined appeal of  Hextall v Chief Constable of Leicestershire Police  will take plac...
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Baker v Abellio London Ltd: Are employers required to get documents proving workers’ rights to work?

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No, according to the judgment of the EAT in Baker v Abellio London Ltd . Ruaraidh Fitzpatrick, a pupil at Cloisters considers this important judgment in which Chris Milsom represented the Claimant. Background The Claimant, Mr Baker, is a Jamaican national with the right to live and work in the United Kingdom. He was employed as a bus driver by the ...
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Schona Jolly QC on BBC World News: Why the world must act now to protect the Rohingya

Schona Jolly QC  appeared on BBC World News today to discuss human rights concerns of the Rohingya refugee crisis in Myanmar.  Schona explained that the urgent priority is to ensure that there is no continued impunity, that access is needed to Rakhine state in order to collect and preserve evidence and that the international community mus...
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Most of the Brexit rebels are lawyers. Maybe experts are useful after all.

Human rights and equalities barrister Schona Jolly QC has written an opinion piece in The Guardian about the profound flaws with the EU Withdrawal Bill and why lawyers, in particular, are worried.  "Without the intervention of 11 highly qualified Tory MPs, the government would have almost unchecked power over Brexit. Experts, it turn...
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2 New Silks for Cloisters

Cloisters is delighted to announce that  Ed Williams  and  Tom Coghlin  have been successful in the 2017 silk competition. They will both be appointed to Queen's Counsel at a ceremony taking place on 26th February 2018 at Westminster Hall. Warmest congratulations to Ed and Tom from all at Cloisters, we wish you every success for...
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Algorithms, Apps & Artificial Intelligence: The Next Frontier in Discrimination Law?

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Robin Allen QC and Dee Masters from Cloisters consider the interplay between technology and discrimination law in this article. Overview How often does the media depict the relentless increase in technology as a danger to our  health , our  children  and our  security ?  More recently, commentators have started to identify ...
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Denial of UK State Pension to Transgender Pensioner Constitutes Direct Sex Discrimination

Denial of UK State Pension to male-to-female trans pensioner without a Gender Recognition Certificate constitutes direct sex discrimination contrary to EU Directive 79/7. In MB v Secretary of State for Work & Pensions , Advocate General Bobek considers that the requirement for a trans pensioner to be unmarried in order to qualify for a state pe...
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Time Limits under the Human Rights Act 1998: what is a “course of conduct”?

Anna Beale discusses the Supreme Court’s interpretation of the time limit provisions contained in the Human Rights Act 1998 in O’Connor v Bar Standards Board [2017] UKSC 78 The Statutory Provisions As will be known to most readers, the Human Rights Act 1998 (‘HRA 1998’) provides, in section 7(5)(a), that any proceedings brought against a public aut...
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Tom Brown acts for successful trade union in £1m collective consultation claim

An Industrial Tribunal in Belfast has upheld a £1m claim that Ulster University failed to consult about collective redundancies, following a two-week trial. The Tribunal accepted Tom’s submissions that there had been a serious failure to consult, and that management had actively misled union officials by not revealing how advanced the proposals to ...
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Essop & Naeem in the Supreme Court: giving answers and provoking new questions in indirect discrimination

Cohabitees’ Human Rights breached by ineligibility for Bereavement Award

Specialist personal injury and clinical negligence barrister Linda Jacobs discusses Smith v (1) Lancashire Teaching Hospitals NHS Foundation Trust (2) Lancashire Care NHS Foundation Trust and (3) The Secretary of State for Justice [2017] EWCA Civ 1916 : The Court of Appeal (the Master of the Rolls, McCombe LJ and Sir Patrick Elias) has considered t...
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The death of holiday pay has been greatly exaggerated, but has the King slain Bear Scotland?

Caspar Glyn QC considers the decision of C‑214/16 King v The Sash Windows Workshop Limited which was handed down today. Summary The Court of Justice of the European Union has been saying, in its judgments over the past 11 years again and again and, yes, again that the right to paid holiday is a central European right that can’t be interpreted restr...
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Sarah Fraser Butlin gives expert evidence to PM's cross-party working group to tackle allegations of sexual harassment

Employment and discrimination specialist Sarah Fraser Butlin is today giving expert evidence to the cross-party working group on an Independent Complaints and Grievance Policy . The Working Group has been convened by the Prime Minister following a large number of allegations of sexual harassment. See further details about the group  here and h...
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Ayodele v Citylink: burden of proof orthodoxy restored

Daniel Dyal considers the latest decision of the Court of Appeal on the burden of proof. It was 10.29 am on 10 August 2017 and all employment lawyers were sure they understood how the burden of proof provisions at s.136 Equality Act 2010 worked. It was all about Igen v Wong [2005] ICR 931 with a dash of refinement from Madarassy v Nomura Internatio...
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Paul Epstein QC and Catherine Casserley shortlisted for The Legal 500 UK Awards 2018

  Cloisters is delighted to announce that Paul Epstein QC has been shortlisted for Employment Silk of the Year by The Legal 500 alongside Catherine Casserley for Employment Junior of the Year. The Legal 500 conduct their research over many months and hold interviews with in-house counsel, law firms and sets in the UK. This nomination recognise...
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Martin Seaward 'Fire Risk Assessment' for the Residential Property Tribunal

                    Specialist personal injury barrister Martin Seaward delivered a talk on 'Fire Risk' yesterday to the London region of the Residential Property Tribunal. The talk covered the statutory history of regulations from the Great Fire of London in 1666 and gave a review of the current st...
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Sarah Fraser Butlin Instructed in Groundbreaking Case

Cloisters’ Sarah Fraser Butlin is instructed as junior to John Hendy QC in the ground-breaking case by the IWGB seeking recognition for outsourced workers. If the IWGB is successful the case could open the doors for workers throughout the UK to collectively bargain with their de-facto employer as well as their direct employer.  For further pre...
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Uber drivers are “workers”; Employment Appeal Tribunal confirms today

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Today, the Employment Appeal Tribunal handed down its landmark decision in Aslam & Farrar v Uber confirming that Uber drivers are “workers” and entitled to be paid minimum wage, holiday pay and not be subjected to detriment if they blow the whistle. The judgment is here . Jason Galbraith-Marten QC and Sheryn Omeri represented the Claimant Uber ...
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Olivia Dobbie on the Victoria Derbyshire show discussing Uber

Cloisters’ Olivia Dobbie spoke on the Victoria Derbyshire show in the build up to the Uber decision.  A link is available here.   Olivia's interview starts at 1 hour, 11 minutes.  

Uber judgment to be handed down on Friday, 10 November

Judgment will be handed down by the Employment Appeal Tribunal in the case of Aslam & Farrar v Uber on Friday, 10 November at 10:30am.  A copy of the Employment Tribunal judgment which is being appealed is available here . Cloisters’ Jason Galbraith-Marten QC and Sheryn Omeri , instructed by Paul Jennings and Rachel Mathieson of Bates Well...
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Daphne Romney QC spoke on Radio 4's Today Programme

There are allegations of sexual harassment from Hollywood to Westminster and in many workplaces, big and small. But what are the mental, physical and economic costs of raising a claim and going to an Employment Tribunal? Cloisters’ Daphne Romney QC spoke to Nick Robinson on Radio 4’s Today Programme. Her clip starts 53.48 minutes in here .

Benkharbouche: EU Law reigns supreme (for now) & other important lessons

The legal press has mostly viewed Benkharbouche v SOS for Foreign and Commonwealth Affairs  [2017] UKSC 62 in the Supreme Court [“SC”] as a case which simply addresses the interplay between State Immunity and the Employment Tribunals.  But, the other significance to this case is that it contains commentary the on the supremacy of EU Law, ...
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Cloisters is delighted to announce that it has been ranked in Chambers and Partners 2018 as a leading set in the field of employment, personal injury and clinical negligence. We also have ranked individuals in sport and civil liberties.

Cloisters is delighted to announce that it has been ranked in Chambers and Partners 2018 as a leading set in the field of employment, personal injury and clinical negligence.  We also have ranked individuals in sport and civil liberties.

Discrimination by qualification bodies: Michalak v General Medical Council [2017] UKSC 71

The Supreme Court has today put to rest a long-running ambiguity in how anti-discrimination laws can apply to qualification bodies such as the General Medical Council (“the GMC”). Adam Ohringer of Cloisters , led by William Edis QC of 1 Crown Office Row represented the successful Claimant, Dr Michalak, in the Supreme Court.  Robin Allen QC &nb...
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The Place of Gender in Equality Law

Robin Allen QC, Rachel Crasnow QC and Catherine Casserley will be speaking at the DLA Equality Law Conference on 3 November. Robin Allen QC will be chairing a panel discussion on the future of gender discrimination and Rachel Crasnow QC will be speaking on the topic: "Flexible working:  the key to unlocking the gender pay gap". Catherine Casse...
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Schona Jolly QC speaks out over Myanmar's Rohingya crisis in Parliament

Schona Jolly QC , on behalf of the Bar Human Rights Committee, was part of a panel led by Rushanara Ali MP, Paul Scully MP and others discussing the urgent crisis facing Myanmar's Rohingya population. Schona was addressing the international law aspects of the crisis. She has also written an Op-Ed which is published in Prospect here: https://www.pro...
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Reach of whistleblowing provisions put to the test in Bamieh v FCO and ors

The Employment Appeal Tribunal will consider the landmark appeal of Maria Bamieh v FCO and ors next week. Ms Bamieh was a British prosecutor seconded by the FCO (along with others) to work for Eulex Kosovo, an EU mission in Kosovo. Ms Bamieh alleges that she blew the whistle in relation to judicial corruption and was subjected to serious detrimenta...
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Tribunal rejects claim of religious discrimination by NHS Non-Executive Director opposed to same-sex adoption (Page v NHS Trust Development Authority)

Last week London South Employment Tribunal dismissed a claim by Richard Page for religious discrimination. The case concerned the NHS Trust Development Authority’s decision that he was not a suitable person to hold office as a Non-Executive Director in the NHS because of his conduct in publicising his opposition to same-sex adoption in the national...
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Daphne Romney QC discusses sexual harassment on BBC Radio interview

Sexual harassment is very much in the news with allegations made against high profile people in the film and media industries. But there is sexual harassment of women (and men) in offices and places of business, big and small, in every sector across the UK. Daphne Romney QC discussed the fine line between courtship and harassment with Ed Butler on ...
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Al-Hijrah School: Gender segregation as direct discrimination and other lessons

Rachel Barrett and Siân McKinley consider the recent Court of Appeal judgment on gender segregation,   HM Chief Inspector of Education, Children’s Services and Skills v The Interim Executive Board of Al-Hijrah School , and the broader implications for discrimination law. Introduction The Court of Appeal has held that complete segregation of gi...
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Cloisters barristers seek to make new whistleblowing law for judges

Until the case of Gilham v MOJ there was no authority addressing whether judges work under contracts for whistleblowing purposes. DJ Gilham complained of whistle-blowing detriment to the ET after she made protected disclosures at Warrington county court about workplace pressures and potential courtroom dangers to civil judges in the light of &...
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Unintentionally wide non-compete clause: A warning from the Court of Appeal in Egon Zehnder Ltd v Tillman

Having previously blogged on this case (see here for that blog on Egon Zehnder Ltd v Tillman [2017] EWHC 1278 (Ch)), Jacques Algazy QC and Nathaniel Caiden consider the repercussions of the Court of Appeal judgment in Tillman v Egon Zehnder Ltd [2017] EWCA Civ 1054.   Background The facts of the case are summarised in the previous blog (see he...
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A Guide to using Statistics in Employment and Equality Litigation

Numbers can be anathema to many lawyers. Yet statistics are a useful weapon in the litigation armoury. This week the Government released its Race Disparity Audit which provides a wealth of such statistics and is a timely reminder of the role that they can play in litigation.  Tom Gillie discusses three recent examples of how statistics can be ...
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Cloisters' Legal 500 Rankings

Cloisters is delighted to announce that it is has been ranked as a leading employment, clinical negligence and personal injury set in the latest Legal 500 rankings which were published today.  Many of our barristers have been singled out for particular praise  in the employment, human rights, clinical negligence, personal injury and inque...
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Regulatory Digest July- September 2017

Brookman v GMC [2017] EWHC 2400 (admin) -          The High Court overturned the MPTS decision to erase from the register a doctor accused of sexual misconduct. HC held that the Tribunal had erred in failing to postpone the hearing and order a further health assessment of the doctor before reaching a dec...
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The role of the Legally Qualified Chair at the MPTS

Sally was appointed in July 2017 to sit as a Legally Qualified Chair of the MPTS. The MPTS was created as an independent Tribunal system, to hear cases of fitness to practice for the GMC. Those who sit as legal and lay members are independent of the GMC. The unique system of the MPTS takes some elements of Civil Court Procedure and some of Tribunal...
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Tom Coghlin and Navid Pourghazi Nominated for Bar Pro Bono Award

Tom Coghlin and Navid Pourghazi have been nominated for this year’s Bar Pro Bono Award partly due to their success in Efobi v Royal Mail Group which contained significant commentary on the burden of proof in discrimination claims.  The winner will be announced at the Bar Conference on 4 November 2017.

Foster carers are the next battleground in the debate concerning worker status

The Independent Workers Union of Great Britain (IWGB) are supporting a number of foster carers who allege that they are “workers” and as such entitled to significant compensation for holiday pay.  An article from the BBC outlining one element of this litigation is available here: http://www.bbc.co.uk/news/uk-41543651 .  Cloisters’ barrist...
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Professional Disciplinary Case Digest – July 2017

A summary of legally noteworthy appeals in the High Court against decisions of professional disciplinary panels.   Please note that discussion below is based on summaries of judgments that were delivered ex tempore.  1.         Watters v Nursing & Midwifery Council QBD (Admin) (Cheema-Grubb J) 0...
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No right to assisted death: Conway v Secretary of State for Justice

In recent years, disabled and terminally ill applicants have brought repeated legal challenges to section 2 of the Suicide Act 1961, which makes it an offence intentionally to do an act capable of encouraging or assisting the suicide or attempted suicide of another.  Anna Beale considers Conway v Secretary of State for Justice , the most recen...
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Catherine Casserley is lecturing in St Petersburg

Catherine Casserley is lecturing on the UN Convention on the Rights of Persons with Disabilities in St Petersburg at a workshop on 29 September 2017.  The workshop is for Russian human rights lawyers specialising in disability and is a project organised jointly by Citizens Rightswatch International, a St Petersburg Human Rights NGO, and the Un...
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Employment Law Conference: What You Need to Know in 2018

At this one-day conference to be held at Parliament Chamber, Inner Temple on Wednesday 1st November 2017, Cloisters’ leading silks and juniors will provide first class legal and practical advice on a range of current and emerging employment law issues for 2018. The conference will be relevant to all legal and HR professionals. Please clic...
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Cloisters launches an Equality & Diversity Mini-Pupillage Scheme

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In keeping with Cloisters’ commitment to making to the Bar as a profession more accessible, Cloisters has launched an Equality & Diversity Mini-Pupillage Scheme for the 2017/2018 mini-pupillage intake. Five of the 10 mini-pupillages in this year’s mini-pupillage round are reserved for applicants from less advantaged backgrounds, or applicants w...
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Four leading Cloisters silks will be speaking at the renowned 22 QCs conference

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Four leading Cloisters silks talk on a wide range of hot topics at the renowned 22 QCs conference on the key employment law issues for 2017-18. The conference will take place on 5th and 6th October 2017 at Strand Palace Hotel, Central London. This two day conference promises to be the event of the year for anyone advising on employment or disc...
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Cloisters act in Uber case

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Jason Galbraith-Marten QC and Sheryn Omeri , barristers at Cloisters, are representing Uber drivers who have brought claims against Uber BV (Dutch parent company), Uber London Limited and Uber Britannia Limited as test cases. They are instructed by Bates Wells Braithwaite. The drivers are claiming that they are entitled to minimum wage, holiday pay...
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Technology Conference, 14th September 2017 in London

Technology Conference being held on 14th September 2017 at the Pullman Hotel, King/s Cross, London.  Please click here for full information.

Spying at work: Has the European Court of Human Rights really struck a blow for employees?

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To misquote Mark Twain, reports that the right to privacy in the workplace is dead have been greatly exaggerated. However, media speculation that employers can no longer monitor the communications of their employees is inaccurate. Siân McKinley comments on the recent judgment of Barbulescu v Romania and provides some practical points on how to avoi...
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ILS Annual Conference on Manifestation of Faith in the Workplace

Schona Jolly QC will be speaking at the ILS Annual Conference in Oxford on Manifestation of Faith in the Workplace.   http://www.industriallawsociety.org.uk/ils_events/68
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Equality law after Brexit – what next?

Scottish Discrimination Law Association (SDLA) and Industrial Law Society joint afternoon seminar: Equality law after Brexit – What next? and SDLA AGM   The SDLA and Industrial Law Society invites you to an afternoon seminar on Thursday 7th September 2017, at 4pm (registration from 3.30pm onwards), at the offices of Maclay Murray & Spens L...
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Equal value claims: the applicability of Article 157 and the meaning of a “Single Source”

The recent decision in ASDA Stores v Brierley [1] is the next episode in the long-running saga in which thousands of predominantly female retail workers are bringing equal pay claims citing distribution staff, who are predominantly male, as their comparators. This time the issue was whether the ET in Manchester had been correct in holding that the ...
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Nominations for Chambers UK Bar Awards 2017

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Cloisters are delighted to announce that Rachel Crasnow QC and Dan Lawson have been nominated for Silk of the Year (Employment) and Junior of the Year (Personal Injury / Clinical Negligence) respectively.  The 2017 Chambers UK Bar Awards will be held at The London Hilton on Park Lane on Thursday, 26th October 2017.  

Not all in the family: migrant domestic worker who had to “pay” for accommodation and food wins minimum wage claim.

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In a minimum wage claim, brought by a migrant domestic worker, the High Court has addressed the “family worker” exemption found in the National Minimum Wage Regulations 2015, specifically the provision relating to “deductions” in respect of accommodation and meals. Nathan Roberts considers the case and the trap the Defendants set for themselves. An...
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A Landmark Ruling on the Burden of Proof in Equal Pay: Armstrong & Others v Glasgow City Council [2017] CSIH 56

On Friday the Court of Session handed down an important judgment on the burden of proof and also the evidence needed in cases in equal pay claims where the claimants challenge their employer’s Job Evaluation Scheme ( Armstrong & Others v Glasgow City Council [2017] CSIH 56). DAPHNE ROMNEY QC considers the judgment and its implications. Introduc...
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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...
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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...
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Voluntary Overtime and Holiday Pay

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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...
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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...
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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...
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The Supreme Court, ET fees and access to justice: Stopping the government in its tracks

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Caspar Glyn QC , Schona Jolly QC and Sian McKinley consider the implications of today’s seismic decision from the Supreme Court which ruled that ET fees are unlawful: R (on the application of UNISON) v Lord Chancellor [2017] UKSC 51.   Judgment Lord Reed, delivering the lead judgment, held the Employment Tribunals and the Employment Appeal Tri...
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High Court to consider the human rights implications of assisted suicide

Monday 17 th July 2017 sees the start in the High Court  of  Conway v Secretary of State for Justice, with Noel Conway challenging section 2 of the Suicide Act as being in breach of his rights under the Human Rights Act 1998 to an assisted suicide. Catherine Casserley of Cloisters Chambers is representing Not Dead Yet UK Ltd  an orga...
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Spousal pensions: SC overturns inequality for same sex couple

Tamar Burton considers, in this blog, the judgment in the Supreme Court case of Walker v Innospec Limited and others [2017] UKSC 47 which was handed down on 12 July 2017.  The case concerns equal access to a spousal pension for a gay man. The issue for the Court was whether paragraph 18 of Schedule 9 of the Equality Act 2010 is incompatible wi...
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Court of Appeal considers the public interest test for protected disclosures

Sheryn Omeri considers the new judgment of Chesterton Global Limited v Nurmohamed, a recent whistleblowing case, in this blog. While much judicial ink has been spilled concerning just about every other aspect of the provisions of the Employment Rights Act 1996 (‘ERA’) which provide protection to whistleblowers, the requirement that a worker “reason...
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The Future Effects Principle in European law: Cloisters wins reference to the Court of Justice on behalf of hundreds of part-time judges whose pensions have been calculated on a limited basis.

The Supreme Court has this morning handed down judgment in the cases of O’Brien and Miller and ors v Ministry of Justice . The Supreme Court has made a reference to the Court of Justice of the European Union. The cases concern discrimination against part-time judges in the calculation of pensions. The issue is whether periods of service as a part-t...
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Religious discrimination in the workplace: the European Court of Justice confronts a challenge:

Schona Jolly QC examines the implications of Achbita and Bougnaou in the current edition of European Human Rights Law Review ( E.H.R.L.R. (2017) 3, 308)

Farmah v Birmingham City Council: A warning for all multiple claims

Daphne Romney QC considers the recent far-ranging EAT decision of Farmah & ors v Birmingham City Council , a copy of which is available here . Farmah does not just affect multiple equal pay claims brought in an Employment Tribunal (ET). It affects all multiple claims brought in an ET, for example TUPE and failure to consult or unilateral variat...
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Sian McKinley to speak at the LSE

Sian McKinley spoke about Corporate Restructuring Law for the London School of Economics on 23 June, focusing on employers’ obligations when restructuring business in UK and the impact of TUPE.

Appeal court to scrutinise legality of enhanced shared parental pay

Appeal court to scrutinise legality of enhanced shared parental pay
Rachel Crasnow QC and Siân McKinley of Cloisters look at the recent decision of Ali v Capita Customer Management Ltd (ET1800990/2016) regarding enhanced Shared Parental Pay. For the first time, the employment tribunal has upheld a complaint of sex discrimination from a male employee who was refused enhanced Shared Parental Pay. While this decision ...
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‘Promoting’ restrictive covenants – the start of a new direction of travel post Egon Zehnder Ltd v Tillman

‘Promoting’ restrictive covenants – the start of a new direction of travel post Egon Zehnder Ltd v Tillman
Jacques Algazy QC and Nathaniel Caiden consider whether the case of Egon Zehnder Ltd v Tillman [2017] EWHC 1278 (Ch) marks the start of a trend whereby restrictive covenants against employees will be increasingly upheld owing to an employer’s ‘future intention’ of the employees’ progress (that is promotions and increasing seniority).     ...
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Identifying direct discrimination in “proxy cases” after R (on the application of Coll) v Secretary of State for Justice

Identifying direct discrimination in “proxy cases” after R (on the application of Coll) v Secretary of State for Justice
Dee Masters considers the recent Supreme Court decision of R (on the application of Coll) v Secretary of State for Justice [2017] UKSC 40 which was handed down on 24 May 2017.  A copy of the judgment is available here . Overview Coll is compulsory reading for discrimination lawyers. Lady Hale, who provided the leading judgment, examines the ex...
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Legal Words on the rights of disabled students from Chris Milsom

Legal Words on the rights of disabled students from Chris Milsom
Chris Milsom has appeared in the Lexis Nexis Legal Words series which invites lawyers and judges to consider important legal developments in a wide array of fields. He discusses the landmark case of Jagoo v Bristol City Council concerning the student exemption on the payment of council tax for disabled students. Interviewed by Alex Heshmaty, C...
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Robin Allen QC and Dee Masters provide submissions to the United Nations

Robin Allen QC and Dee Masters provide submissions to the United Nations
The United Nation’s Open Ended Working Group (OEWG) is considering a new international instrument in order to protect older people.  It has called for evidence in advance of its Eighth Working Session in July 2017 ( https://social.un.org/ageing-working-group ).  Robin Allen QC and Dee Masters, barristers at Cloisters, have submitted a pap...
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What effect should retirement have on disciplinary process?

What effect should retirement have on disciplinary process?
Clarke v General Optical Council [2017] EWHC 521 (Admin) Patricia Hitchcock QC   The thorny issue of retirement during regulatory proceedings came before Fraser J in March by way of appeal under the Opticians Act 1989, s23. The reasoning of his careful judgment has wide application and will be of interest to other regulatory bodies, as well as...
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Claire McCann to co-lead “LGB….But What About the T?” workshop on 24 May

Claire McCann to co-lead “LGB….But What About the T?” workshop on 24 May
Claire McCann , one of the barristers in Cloisters’ award-winning Employment and Equality Team, will be co-leading a workshop next week at the Employment Lawyers Association Annual Conference in central London (24 th May 2017), entitled “LGB….But What About the T? A Conversation about Trans Equality, its Legal Context and Practical Implications”. I...
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“COME OUT FOR HUMAN RIGHTS” #IDAHOT #IDAHOTB….17TH MAY 2017

“COME OUT FOR HUMAN RIGHTS” #IDAHOT #IDAHOTB….17TH MAY 2017
Today, 17 th May 2017, is International Day Against Homophobia, Transphobia and Biphobia, commemorating the 1990 decision of the World Health Organisation to remove homosexuality from the list of mental disorders. Every year, policy makers, opinion leaders, the media and the general public are challenged to address the urgent need to combat violenc...
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Rachel Crasnow QC & Daphne Romney to speak at the first ELBA event on Well-Being At the Bar

Rachel Crasnow QC & Daphne Romney to speak at the first ELBA event on Well-Being At the Bar
On 17 May Rachel Crasnow QC and Daphne Romney QC are to speak at the first ELBA event on Well-Being At the Bar. Entitled “ "Keeping each other sane: tips for leading a happy legal lif e ”, the seminar builds on the work the Bar Council has developed - see http://www.barcouncil.org.uk/supporting-the-bar/wellbeing-at-the-bar

Rachel Crasnow QC & Sarah Fraser Butlin spoke about diversity on campus at the UHR Annual Conference

Rachel Crasnow QC & Sarah Fraser Butlin spoke about diversity on campus at the UHR Annual Conference
Rachel Crasnow QC and Sarah Fraser Butlin spoke to the UK’s leading University HR directors at the UHR Annual Conference in Newcastle on 10 March about diversity on campus, focusing on the lawfulness of topics such as no-platforming and safe spaces as well as the importance of addressing ongoing problems of harassment and equal pay.

Professional Disciplinary Case Digest – April 2017

A summary of legally noteworthy judicial reviews and High Court appeals regarding professional disciplinary panels and their decisions.   R (Zai Corporate Finance Ltd) v AIM Disciplinary Committee of the London Stock Exchange PLC & Anor [2017] EWHC 778 (Admin)              o Heari...
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Cloisters contribute to practitioners’ guide on religious discrimination

Cloisters contribute to practitioners’ guide on religious discrimination
Schona Jolly QC and Navid Pourghazi have written an introductory guide to religious discrimination in the workplace for Westlaw’s Insight.  Westlaw describe Insight as “an online, dynamic, continually updated and ever-growing encyclopaedia of UK law”. Content on the website is aimed at practitioners with a broad understanding of the law who ar...
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Court of Appeal raises prospect of whistleblowing protection for 54,000 Junior Doctors

Court of Appeal raises prospect of whistleblowing protection for 54,000 Junior Doctors
The Court of Appeal has handed down its decision in Day v Lewisham NHS Trust & Health Education England in which Chris Milsom acted for the successful appellant. The case concerns the status of the relationship between Dr Day (and indeed all 54,000 junior doctors in the UK)  and Health Education England (HEE) who interviews, deploys and ma...
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Sally Robertson to deliver sex discrimination workshop at ERA’s EU Gender Equality Law seminar

Sally Robertson to deliver sex discrimination workshop at ERA’s EU Gender Equality Law seminar
Between 4-5 May, Sally Robertson becomes the latest of Cloisters' barristers to take part in the Academy of European Law’s (ERA) programme of conferences and training events. Now in its 25 th Jubilee year, more than 125,000 European jurists have participated at ERA events. Cloisters barristers, including Paul Epstein QC , Rachel Crasnow QC , Cather...
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Cloisters has entered its team in this year’s London Legal Walk, which is taking place on 22 May 2017

Cloisters has entered its team in this year’s London Legal Walk, which is taking place on 22 May 2017
The London Legal Walk is an iconic annual event in which thousands of barristers, solicitors, judges, and law students take part in a sponsored 10km walk in Central London to raise money for free legal advice centres. In 2016, over 10,000 people took part and raised over £740,000. Cloisters has a proud history of fundraising for this event, and our...
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Sleep-in workers revisited: a multi-factorial approach to eligibility for the minimum wage

Sleep-in workers revisited: a multi-factorial approach to eligibility for the minimum wage
Anna Beale considers the most recent guidance from the EAT on the vexed question of whether workers should receive the minimum wage for “sleep in” shifts. Keen readers of this site may recall my critical blog on the EAT decision in Shannon v Rampersad . In that case, HHJ Peter Clark decided that an ‘on call night care assistant’ in a residential ho...
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Dress Codes at Work, Discrimination or good for business?

Dress Codes at Work, Discrimination or good for business?
Dame Laura Cox, Sam Smethers, Rachel Crasnow QC and John Graham will be speaking at our event Dress Codes at Work today to be held at The Law Society. The event will commence from 18:30 till 19:45 which will be followed by a networking and drinks session. This will give delegates the opportunity to receive insights on the pitfalls and latest develo...
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Cloisters’ barristers in Supreme Court appeal succeed in overturning smoking ban in psychiatric hospital

Cloisters’ barristers in Supreme Court appeal succeed in overturning smoking ban in psychiatric hospital
The Supreme Court handed down judgment today in the case of McCann v The State Hospitals Board for Scotland [2017] UKSC 31. Cloisters’ Jonathan Mitchell QC together with David Leighton and Rachel Barrett (also of Cloisters) acted for the successful appellant, a patient in the Scottish high security State Hospital. Mr McCann objected to the introduc...
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Professional Disciplinary Case Digest – March 2017

A summary of legally noteworthy Judicial Reviews and High Court Appeals against the decisions of professional disciplinary panels. Newell-Austin v Solicitors Regulatory Authority [2017] EWHC 411 (Admin) Challenging a decision by the SRA striking the Applicant from the Solicitors’ Roll for professional misconduct A Solicitor can lack integrity witho...
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Declan O'Dempsey to discuss "Litigating Human Rights in the EU" at Maynooth University

Declan O'Dempsey to discuss "Litigating Human Rights in the EU" at Maynooth University
Declan O’Dempsey will be speaking on “Litigating Human Rights in the EU” at  Maynooth University Department of Law at the international Jean Monnet Summer School “The EU and Human Rights in a Time of Crisis” on 19 June 2017. How will the EU’s commitment to human rights influence its relationship to the UK post-Brexit?  The summer school e...
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Disability check up by the EHRC

Disability check up by the EHRC
Sally Cowen analyses the latest research on the treatment of disabled people in the UK The Equality and Human Rights Commission (EHRC) has published its new report into the state of equality and human rights for disabled people in the UK on 3 April 2017. The title ‘Being Disabled in Britain: a Journey Less Equal’ rather sums up the whole report, wh...
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No “reason why”: Essop and Naeem in the Supreme Court

No “reason why”: Essop and Naeem in the Supreme Court
Robin Allen QC and Anna Beale consider the latest case on indirect discrimination and ask the pressing question: are equal pay cases suddenly significantly easier for Claimants? The Supreme Court has today handed down judgment in the cases of Essop and others v Home Office (UK Border Agency) and Naeem v Secretary of State for Justice . The judgment...
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Declan O'Dempsey to speak at the Council for Racial Equality’s Inaugural Human Rights and Equality event

Declan O'Dempsey to speak at the Council for Racial Equality’s Inaugural Human Rights and Equality event
On 6 April 2017 Declan O’Dempsey will be at UNISON’s headquarters in Belfast addressing the Northern Ireland Council for Racial Equality’s Inaugural Human Rights and Equality event: “ Brexit and Human Rights Protections ” on “How businesses can use the law to combat racism”. Declan’s talk will cover the way in which employers and businesses can use...
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Schona Jolly QC to speak at Human Rights after Brexit alongside Keir Starmer MP in Westminster

Schona Jolly QC to speak at Human Rights after Brexit alongside Keir Starmer MP in Westminster
Schona Jolly QC will be speaking at Human Rights after Brexit on 26 th April at Westminster (RSVP for details), alongside fellow panelists Keir Starmer MP (Shadow Secretary of State for exiting the European Union), Polly Toynbee (The Guardian), Narmada Thirangama (Unison), and Lord Stewart Wood. This is an opportunity to discuss human rights, equal...
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Schona Jolly QC instructed to represent Deliveroo drivers in the latest challenge to employment conditions in the gig economy

Schona Jolly QC instructed to represent Deliveroo drivers in the latest challenge to employment conditions in the gig economy
Following the recent successes of Cloisters barristers in employment tribunal cases such as Citysprint and Boxer v Excel Group , Schona Jolly QC has been instructed by Leigh Day to represent Deliveroo drivers who are taking legal action against the delivery firm. The claims raise more interesting issues on employment status against the food deliver...
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Are Courts taking reasonable adjustments seriously?

Are Courts taking reasonable adjustments seriously?
John Horan is lecturing the Law Centre Network on 31 March 2017 as to whether Courts are taking seriously their international duty to help disabled litigants in accessing the justice system by making reasonable adjustments. As part of the “Living Right Project” John will compare the attitude of the Court of Appeal in Northern Ireland to the approac...
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Cloisters column: Reforming the Soft Tissue Injury (whiplash) Claims Process – Government consultation and reform in the ‘post-truth’ age?

Cloisters column: Reforming the Soft Tissue Injury (whiplash) Claims Process – Government consultation and reform in the ‘post-truth’ age?
Cloisters: Equality and Human Rights in Practic e by Martyn McLeish Recommended reading:   this article on George Osborne’s 2015 proposal. In the 2015 autumn statement the then Chancellor announced proposals for whiplash claims and an increase to the small claims limit in personal injury actions. The Government has now published its Consu...
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5 Cloisters QCs to speak at Michael Rubenstein’s Autumn Hot Employment Law Issues

5 Cloisters QCs to speak at Michael Rubenstein’s Autumn Hot Employment Law Issues
Cloisters barristers  Daphne Romney QC ,  Caspar Glyn QC ,  Jason Galbraith-Marten QC ,  Rachel Crasnow QC and Schona Jolly QC will be speaking at the Michael Rubenstein Hot Topics in Employment 2017/8 Conference on 5th- 6th October.  Day One features Schona Jolly QC  on  religious discrimination in the workp...
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No back-peddling - workers’ rights are gaining pace in the gig economy

No back-peddling - workers’ rights are gaining pace in the gig economy
Following the recent decisions of the Court of Appeal in Pimlico Plumbers and the Employment Tribunals in Citysprint and Uber , companies in the gig economy suffered another blow yesterday with the decision in Boxer v Excel Group Services Limited . This case augments the growing number of judgments in which staff that are ostensibly self-employed a...
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Tom Brown succeeds at persuading Court of Appeal to uphold novel High Court judgment for pension loss

Tom Brown succeeds at persuading Court of Appeal to uphold novel High Court judgment for pension loss
Tom Brown , of Cloisters, instructed by Irwin Mitchell, has persuaded the Court of Appeal to uphold a £250,000 judgment for pension loss which he secured in 2014, following the wrongful dismissal of his client, a senior NHS employee. This legally novel case concerned when, at common law, notice takes effect (previous cases have considered when term...
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Caspar Glyn QC and Rachel Barrett to represent claimant in a courier case against Excel

Caspar Glyn QC and Rachel Barrett to represent claimant in a courier case against Excel
Cloisters has been at the forefront of the recent litigation concerning the “gig economy”. Caspar Glyn QC and Rachel Barrett are representing a cycle courier, Andrew Boxer, who is suing Excel with the support of  the Independent Workers Union of Great Britain. Due to its importance it has received press coverage . Mr Boxer asserts that he is a...
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Court of Appeal to hear landmark appeal on whistleblowing protection for junior doctors

Court of Appeal to hear landmark appeal on whistleblowing protection for junior doctors
The Court of Appeal will hear the landmark appeal of Dr Chris Day on 21 March 2017 in which Public Concern at Work has been granted leave to intervene. Dr Day is being represented by Cloisters’ Chris Milsom.  Dr Day argues that 54,000 junior doctors deployed in NHS Trusts by Health Education England (HEE) should be regarded as workers of HEE u...
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Robin Allen QC gives evidence to the Lords Constitution Committee on the crisis in Judicial Recruitment

Robin Allen QC gives evidence to the Lords Constitution Committee on the crisis in Judicial Recruitment
Robin Allen QC , Chair of the Bar’s Equality and Diversity and Social Mobility Committee gave evidence to the House of Lords Constitution Committee on the 15 th March 2017.  The Committee is conducting a follow-up inquiry to its report on 'Judicial Appointments' in light of the slow progress to equality and the startling findings of the Judici...
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-0.75% Ogden Supplement

-0.75% Ogden Supplement
The supplementary tables have now been published on the GAD website on gov.uk (in both an Excel version and a pdf version) along with some accompanying explanatory text. The tables can be accessed here . T he tables are available at the top of the page and the text is at the bottom, under the section headed Details .  The 'Ogden' tables as sta...
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BBC Radio 4 In Touch Interviews Declan O'Dempsey on job discrimination toward the visually impaired

BBC Radio 4 In Touch Interviews Declan O'Dempsey on job discrimination toward the visually impaired
Declan O'Dempsey talks to BBC Radio 4 In Touch about the law relating to discrimination by recruitment agencies as it affects people with visual impairments and the difficulties they face in obtaining information from recruitment agencies and employers who are not willing to make adjustments for people with disabilities. For the full interview plea...
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Achbita & Bougnaoui: A strange kind of equality

Achbita & Bougnaoui:  A strange kind of equality
Schona Jolly QC considers the long awaited CJEU decisions in two recent cases concerning religious dress codes in the work place. What Europe needed right now was a solid, sensible judgment from its top court on religious discrimination at work. It needed perspective, proportionality and a judicial underlining of support for religious minorities ac...
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Ms N Hubbard v The Commissioner of Police for the Metropolis

Ms N Hubbard v The Commissioner of Police for the Metropolis
Declan O'Dempsey is representing Nighat Hubbard MBE,  in her claim against the Metropolitan police.  She alleges that white colleagues were allowed to work on more complex investigations while she was not, and that male officers made discriminatory comments to her and other women. The allegations date from between 2013 and 2014 and an emp...
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Fighting for fair pensions

Fighting for fair pensions
Robin Allen QC , Rachel Crasnow QC and Tamar Burton appear in the Supreme Court this morning in the two cases of O’Brien and Miller and ors v Ministry of Justice, which concern discrimination of part-time workers in the calculation of pensions. The issue for the Court is whether the period of service prior the coming into effect of the relevant Dir...
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Professional Disciplinary Case Digest – February 2017

A summary of legally noteworthy Judicial Reviews and High Court Appeals against the decisions of professional disciplinary panels. R(Oriaku) v Nursing and Midwifery Council [2017] EWHC 235 (Admin) Challenging a decision by the NMC not to refer a complaint to the Investigating Committee McTier v Secretary of State for Education [2017] EWHC 212 (Admi...
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First Group v Paulley: Towards Accessible and Inclusive Public Transport?

First Group v Paulley: Towards Accessible and Inclusive Public Transport?
First Group Bus v Paulley is the first UK Supreme Court (or House of Lords) case on reasonable adjustments in non-employment contexts. The case, which was supported by the Equality and Human Rights Commission , has clear significance for wheelchair users and providers of public transport. Further, and despite being frequently (and unhelpfully) depi...
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Pytel V. The Office for Gas & Electricity Market (OFGEM) - new rights for whistle-blowers

Pytel V. The Office for Gas & Electricity Market (OFGEM) - new rights for whistle-blowers
In an important case for whistle-blowers, Paul Michell and Rachel Barrett have successfully argued that words ought to be read into the Utilities Act 2000 to allow the Claimant to continue his whistleblowing claim against OFGEM in the employment tribunal, in circumstances where he would otherwise be committing a criminal offence by bringing it. The...
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Declan O’Dempsey to provide training to the Equality and Human Rights Commission

Declan O’Dempsey to provide training to the Equality and Human Rights Commission
Cloisters is proud to announce that Declan O’Dempsey of Cloisters has been awarded the contract to provide training to the Equality and Human Rights Commission on the use of international treaties in UK law. Catherine Casserley together with Declan will provide the training materials for the course on the 23 rd March this year. The training aims to...
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The -0.75% discount rate

The -0.75% discount rate
When it finally came, the announcement of the discount rate reduction was no damp squib. The differentials will be dramatic: for example, the loss of earnings multiplier to retirement age 70 for a 25 year old man will almost double, from 26.4 to around 51.33 (before applying the non-mortality discount factors). I am not ashamed to admit that my own...
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Public bodies who discriminate – County Court or High Court process?

Public bodies who discriminate – County Court or High Court process?
By Sally Cowen Hamnett v Essex County Council [ 2017] EWCA Civ 6   Judgment given 18 th January 2017 Sally Cowen considers this interesting case concerns the apparent conflict between competing provisions of the Equality Act 2010 in the context of duties to disabled people within the context of Traffic Regulations Orders. The essence of this C...
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New silks 2017: Schona Jolly, Cloisters

New silks 2017: Schona Jolly, Cloisters
Cloisters’ Schona Jolly is one of seven new star silks interviewed by The Lawyer this year. A self-described “reluctant barrister”, Schona Jolly worked at the UN Refugee Agency before being called to the bar in 1999. “I never had grand dreams of silk – I thought I might go on to a big international organisation,” she says. The call of the bar preva...
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Cloisters column part two – ‘Premature Labelling? A child-centred approach to questions of gender identity’

Cloisters column part two – ‘Premature Labelling? A child-centred approach to questions of gender identity’
Cloisters: Equality and Human Rights in Practice This is part two of a two-part series on trans rights from leading equality and human rights barrister Claire McCann at Cloisters. Part one  explores toilets and gender identity. Toilets have not been the only battleground. In fact, hardly a week goes by without a news story about tran...
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Radio 4's PM interviews Chris Milsom on the Court of Appeal's decision in Pimlico Plumbers v Smith

Radio 4's PM interviews Chris Milsom on the Court of Appeal's decision in Pimlico Plumbers v Smith
Chris Milsom appeared on Radio 4’s PM to discuss the decision of the Court of Appeal in Pimlico Plumbers v Smith and its implications on employment status in the gig economy. Chris explains that PP is just one illustration of a wider issue but is nonetheless a welcome instance of ensuring that those who are in a position of economic subordination e...
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Plumbing the depths of employment status as the gig economy gathers steam

Plumbing the depths of employment status as the gig economy gathers steam
Plumbing the depths of employment status as the gig economy gathers steam Akua Reindorf analyses Pimlico Plumbers v Smith in the Court of Appeal and provides a round-up of employment status reports and inquiries. Where are we now? Well over two years have passed since the Employment Appeal Tribunal handed down judgment in Pimlico Plumbers Ltd v Smi...
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Certainty for all: a plea to the Taylor Review by Caspar Glyn QC, Anna Beale & Nathaniel Caiden

Certainty for all: a plea to the Taylor Review by Caspar Glyn QC, Anna Beale & Nathaniel Caiden
In November 2016, the government commissioned a review of modern employment practices. It is being led by Matthew Taylor and will focus on what has become known as the “gig economy”. In this blog, we summarise our written evidence to that review. Our central plea was that our legislators provide certainty for all. In our view this can best be achie...
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Jonathan Mitchell QC named Scottish Lawyer of the week

Jonathan Mitchell QC named Scottish Lawyer of the week
Today, the Times has named Jonathan Mitchell QC of Cloisters and Arnot Manderson Advocates Scottish Lawyer of the week. Jonathan acted for Cumbria, Stockport and Blackpool councils in the landmark Court of Session case of Cumbria CC and Others, 2017 SLT 34, where the court used its extraordinary equitable jurisdiction to enforce orders by the Engli...
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Survivors’ pensions and the Unmarried

Survivors’ pensions and the Unmarried
Rachel Crasnow QC considers the recent judicial review by Denise Brewster for review (reported at [2017] UKSC 8). In this important case about the status of cohabiting partners and the objective justification of socio-economic policy, the Appellant Denise Brewster and her partner Lenny McMullan had lived together for 10 years before he suddenly die...
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Speaking Up – Whistleblowing in the NHS

Speaking Up – Whistleblowing in the NHS
Dr Chris Day features in the BBC Radio Four Documentary File on Four Speaking Up – Whistleblowing in the NHS. Dr Day contends that there is a lack of protection for 43,000 junior doctors whose career progression is governed by the supervising body Health Education England. The Court of Appeal is due to hear the matter in March 2017 by way of an exp...
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Family Court proceedings: gender reassignment and ultra-orthodox Judaism

Family Court proceedings: gender reassignment and ultra-orthodox Judaism
Claire McCann , an expert on trans equality, analyses the competing arguments in the Family Court’s recent assessment of the children’s “best interests” in the unusual context of a transgender parent and the Charedi Jewish community in North Manchester. In Family Court proceedings in Manchester, a trans woman – the father and claimant in J v B and ...
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Cloisters barristers ranked in the UK Bar: Labour and Employment 2017

Cloisters barristers ranked in the UK Bar: Labour and Employment 2017
Who’s Who Legal has identified Cloisters as a leader in its field.  It endorsed 13 barristers at the junior level making Cloisters the most endorsed chambers in this category. Two silks and four juniors were also ranked in the highly rated category. Cloisters is pleased and delighted that our legal experts have been recognised for their work i...
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Paulley: An everyday step?

Paulley:  An everyday step?
Catherine Casserley , junior counsel in the case, and Sally Robertson consider the implications of the Supreme Court decision in Paulley v First Group . On 24 February 2012, Doug Paulley tried to do something most of us would not think twice about. He went to catch a bus. He wanted to get from Wetherby to Leeds to catch a train. The single wheelcha...
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Dame Laura Cox of Cloisters to lead review for Fawcett Society

Dame Laura Cox of Cloisters to lead review for Fawcett Society
Today, it has been announced that Dame Laura Cox from Cloisters will lead a nine-month inquiry for the Fawcett Society. Additionally, Anna Beale , Rachel Crasnow QC and Daphne Romney QC also from Cloisters will join Dame Laura Cox as additional panel members. The review into the UK’s gender discrimination laws will be launched due to the fear of a ...
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Catherine Casserley to speak on 'Using the Equality Act 2010 to improve access to public transport'

Catherine Casserley to speak on 'Using the Equality Act 2010 to improve access to public transport'
On the 23 rd February Catherine Casserley will present on the topic of using the Equality Act 2010 to improve access to public transport. She will be joined by Joanna Owen and Mark Stone from Equality and Human Rights Commissions and Transport for All. Catherine Casserley represented Doug Paulley in this case at the Supreme Court. Date: 23 February...
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Putting Women on the front foot: The joint committee report on high heels and dress codes at work

Putting Women on the front foot: The joint committee report on high heels and dress codes at work
Akua Reindorf considers the implications of the latest recommendations concerning the use of sexist dress codes at work. Summary The Joint Committee report on high heels and dress codes at work shows that discriminatory dress codes can promote the sexualised objectification of women at work, disadvantage people with disabilities, inhibit employment...
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Adesokan v Sainbury's

Adesokan v Sainbury's
Caspar Glyn QC considers the Court of Appeal’s judgment today that an employee can be summarily dismissed for negligence and that a wrongfully dismissed employee cannot normally maintain an ongoing claim for wages. A short but important case from the Court of Appeal was released today. Given the Art 50 decision of the Supreme Court it was a good da...
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A Policy of Uncertainty Won’t Help Workers

A Policy of Uncertainty Won’t Help Workers
Rachel Crasnow QC and Tom Gillie of Cloisters have recently published an article in the New European about the vulnerability of workers’ rights post-Brexit.  The articles argues that the rights of families, agency workers and others could be severely diminished which may damage the wider economy. If the Government wants to reassure the country...
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Judicial pensions and discrimination

Judicial pensions and discrimination
Two hundred and ten full-time judges, across a variety of courts and tribunals, have successfully sued the Lord Chancellor and the Ministry of Justice in the Employment Tribunal following changes to their pensions. A copy of the decision in McCloud & ors v (1) Lord Chancellor and (2) MOD is available here . This blog analyses the implications o...
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Supreme Court hands down landmark disability decision in Paulley v FirstGroup plc

Supreme Court hands down landmark disability decision in Paulley v FirstGroup plc
Today, the Supreme Court handed down its landmark decision in Paulley v FirstGroup plc as a result of which bus companies must do more to give priority spaces to travelling wheelchair users. Robin Allen QC and Catherine Casserley represented Mr Paulley, instructed by Unity Law, and funded by the Equality and Human Rights Commission. The case was he...
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BBC Sussex Radio interviews Chris Milsom on the protection disabled people accessing public transport

BBC Sussex Radio interviews Chris Milsom on the protection disabled people accessing public transport
Chris Milsom , one of our experts in discrimination law, featured on BBC Sussex Radio exploring the protection disabled people accessing public transport. This followed high-profile instances of disabled people facing disadvantage in public transport including most recently Mrs Sandra Nighy, a wheelchair user left to wait 2 hours for a taxi until m...
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Schona Jolly and Simon Dyer to become QCs

Schona Jolly and Simon Dyer to become QCs
Today, Cloisters is delighted to announce that Schona Jolly and Simon Dyer will be appointed as QCs. Schona Jolly is a legal expert in employment, discrimination, human rights and civil liberties whilst Simon Dyer specialises in personal injury and clinical negligence.

Cloisters column part one – ‘To pee or not to pee….? Toilets and Gender Identity’

Cloisters column part one – ‘To pee or not to pee….? Toilets and Gender Identity’
Cloisters: Equality and Human Rights in Practice This is part one of a two-part series on trans rights from leading equality and human rights barristers at Cloisters . Part two will explore gender identity and children.   It has been an important couple of years for trans rights. Going to the toilet is something most of us do without a se...
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Jason Galbraith-Marten QC & Sarah Fraser Butlin succeed in the bike courier employment rights case against City Sprint

Jason Galbraith-Marten QC & Sarah Fraser Butlin succeed in the bike courier employment rights case against City Sprint
Jason Galbraith-Marten QC and Sarah Fraser Butlin have succeeded in the highly publicised cycle courier claim before the Employment Tribunal.  They were instructed by BWB, acting pro bono for Maggie Dewhurst who was challenging her employment status against City Sprint.  The Employment Judge accepted their arguments that Ms Dewhurst was a...
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Robin Allen QC and Rachel Crasnow QC to speak at the EOR-TUC conference in London and Equality Law Training in Scotland

Robin Allen QC and Rachel Crasnow QC to speak at the EOR-TUC conference in London and Equality Law Training in Scotland
Cloisters is delighted to announce that our leading discrimination law experts Robin Allen QC and Rachel Crasnow QC will be speaking at the Equal Opportunities Review and The Trades Union Congress (EOR-TUC) Annual Conference to be held in London on 20 th January 2017. Additionally, Robin and Rachel will also speak at the Equality Law Training ...
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Deposit Orders: Not to be used as a “strike out through the back door”

Deposit Orders: Not to be used as a “strike out through the back door”
Chris Milsom succeeds before the EAT in Hemdan v Ishmail & Ors in an important case about the appropriate amount of a deposit order against someone who has very low means to pay. Navid Pourghazi discusses the case .   The facts The Claimant, who was a victim of trafficking, claimed that she had been employed in circumstances that amounted ...
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Immigration Act 2016—language requirements for public sector workers

Immigration Act 2016—language requirements for public sector workers
Immigration analysis: What will the Immigration Act 2016 (IA 2016) mean in practice? Akua Reindorf, a barrister at Cloisters Chambers, considers the key provisions relating to language requirements for public sector workers. What are the main provisions relating to the English language requirement? The English and Welsh language requirement contain...
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The Immigration Act and the “Fluency Duty” for Public Sector Workers: Speaking in Tongues?

The Immigration Act and the “Fluency Duty” for Public Sector Workers: Speaking in Tongues?
What steps are employers expected to take to comply with the Public Sector English Language Requirement? And how do they avoid discrimination challenges in the process? In its 2015 manifesto the present Government pledged the safe and high quality delivery of public services by ensuring that they are provided to an appropriate standard of fluency i...
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Cloisters beats Littleton Chambers in the EAT rankings

Cloisters beats Littleton Chambers in the EAT rankings
Today, The Lawyer announces that Cloisters ranks top in the EAT rankings. Cloisters made 61 appearances in total whilst Littleton Chambers made 59 and Old Square Chamber made 50. Overall, all three chambers accounted for 28 per cent of all chambers' appearances. The remaining chambers such as Outer Temple Chamber made 38 appearances, 11 King’s Benc...
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BBC Look East interviews Sarah Fraser Butlin on the impending industrial strikes taking place this week

BBC Look East interviews Sarah Fraser Butlin on the impending industrial strikes taking place this week
On the 19 December, Look East interviewed Sarah Fraser Butlin on the industrial action that will take place this week. The strike will affect post offices and airports nationwide with baggage handlers and ground staff striking this weekend. “For employers it is hugely disruptive. It has a massive impact on businesses, but what we can’t forget is th...
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Written submission to House of Commons Business, Energy and Industrial Strategy Committee inquiry

Written evidence from Caspar Glyn QC, Anna Beale and Nathaniel Caiden   Authors This submission has been prepared by Leading Employment silk, Caspar Glyn QC [1] , and Leading Employment Juniors Anna Beale [2] and Nathaniel Caiden [3] . Our conclusions to the questions posed follow: and then our reasons. Conclusion Question 1 Those who provide ...
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Schona Jolly's 'Why the Daily Mail is wrong about the judiciary' story ranks Top 5 in The Lawyer's Top 20 stories of 2016

Schona Jolly's 'Why the Daily Mail is wrong about the judiciary' story ranks Top 5 in The Lawyer's Top 20 stories of 2016
It is a sign of a healthy and functioning democracy that the exercise of governmental power can be challenged properly through the courts. Contrary to the screaming headlines in some British newspapers today, yesterday’s High Court decision did not thwart the will of 17 million Brexit voters. The High Court did not decide the EU referendum “did not...
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Important Public Services: the Regulations have arrived

Important Public Services: the Regulations have arrived
This week the Government published a series of draft Regulations defining what “important public services” (IPS) are for the purposes of the Trade Union Act 2016 ( TUA 2016 ). The Act itself has been highly controversial and while it has Royal Assent, it has not yet come into force. When it does come into effect, there will be a requirement that 50...
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Same-sex marriage within the Church of England

Same-sex marriage within the Church of England
Nathan Roberts considers Pemberton v Bishop of Southwell and Nottingham , concerning a priest who was denied a licence to work in the NHS by the Church of England because he had married someone of the same sex. The case The Church of England’s opposition to same-sex marriage is a well-known if fraught matter. The Claimant is an ordained priest in t...
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Cloisters column: ‘The age of Trump and “Brexit”: is the balance between gay rights and religious freedom changing?’

Cloisters column: ‘The age of Trump and “Brexit”: is the balance between gay rights and religious freedom changing?’
Cloisters: Equality and Human Rights in Practice The age of Trump and “Brexit”: is the balance between gay rights and religious freedom changing? How far should the right to freedom of religion and belief be protected when it conflicts with the rights of other protected groups? This is a fundamental question which has been the subject of polarised ...
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The gap is still opaque: the final draft of the Gender Pay Gap Regulations for the Private sector

The gap is still opaque:  the final draft of the Gender Pay Gap Regulations for the Private sector
Provision for equal pay audits was introduced in s. 78 of the Equality Act 2010 (“EqA”) but that section was not enabled and lay dormant until a campaign to revive it several years later. The Small Business, Enterprise and Employment Act 2015, s. 147 permitted for regulations to be made to implement s. 78 (although that section is not yet in force)...
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Robin Allen QC of Cloisters to give the prestigious Hamlyn Lectures in 2018

Robin Allen QC of Cloisters to give the prestigious Hamlyn Lectures in 2018
Robin Allen QC has been invited to give the prestigious Hamlyn Lectures in 2018.  The current 2017 series have been given by Dame Sian Ellis the Chief Justice of New Zealand , and the 2017 series will be given by Professor Andrew Burrows, Oxford Professor of the Law of England.  Robin is expected to lecture on the future development of eq...
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Neurological causation and Chester v Afshar principles considered: Crossman v St George’s Healthcare NHS Trust [ 2016] EWHC 2878 (QB)

Neurological causation and Chester v Afshar principles considered: Crossman v St George’s Healthcare NHS Trust  [ 2016] EWHC 2878 (QB)
Rodney Crossman was 64 years old when he underwent a cervical laminectomy and foraminotomy for severe neck restriction and numbness in his left arm, at St George’s Hospital, Tooting. In admitted breach of duty, the Trust had placed Mr Crossman on the waiting list for this surgery immediately after his first meeting with a consultant in February 201...
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Vicarious liability at Christmas: Work, the party, the after-party

Vicarious liability at Christmas:  Work, the party, the after-party
Adam Ohringer considers the latest case on vicarious liability in this blog. As preparations are made for Christmas 2016, the High Court is still cleaning-up from the 2011 party season. The case of Bellman v Northampton Recruitment Ltd [2016] EWHC 3104(QB) provides a useful illustration of the coverage and limits of the doctrine of vicarious liabil...
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Philip Engelman on the GRANGE v ABELLIO LONDON LTD Case

Philip Engelman on the GRANGE v ABELLIO LONDON LTD Case
Grange v Abellio London Ltd resolves an important issue relating to the approach to be taken to rights to rest under the Working Time Regulations. There were conflicting decisions of the EAT as to whether a refusal by the employer was necessary before an employee could take advantage of their rights. The EAT in Grange held that the WTR had to be co...
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Schona Jolly to speak at the annual Sakharov Debate in December

Schona Jolly to speak at the annual Sakharov Debate in December
Cloisters’ Schona Jolly is speaking at the annual Sakharov Debate, sponsored and organised by the UCL European Institute, and the Office of the European Parliament in the UK. Schona will be discussing the effect of Brexit on workers’ rights and equality as part of a panel considering how any post-Brexit rights will be enforced, and what the UK huma...
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Cloisters barristers win award at the 2016 Camden Volunteer Awards Ceremony

Cloisters barristers win award at the 2016 Camden Volunteer Awards Ceremony
Cloisters is delighted to announce that Nathan Roberts , Tom Gillie and Navid Pourghazi were part of a group of barristers who won an award at the 2016 Camden Volunteer Awards Ceremony in recognition of their Pro Bono work for Camden Community Law Centre. The Camden Volunteer Awards recognises and celebrates the contributions of volunteers in the l...
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Is gender segregation in education discriminatory?

Is gender segregation in education discriminatory?
Rachel Barrett and Chris Milsom discuss the recent case of Interim Executive Board of X School v Chief Inspector of Education, Children's Services and Skills [2016] EWHC 2813 (Admin) in this blog. A copy of the judgment is available here . Many of us might instinctively think that the answer to the opening question would be ‘yes’. After all, in 201...
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Cloisters fact sheet for #equalpayday

Cloisters fact sheet for #equalpayday
Cloisters has produced this fact sheet for #equalpayday to help employees understand whether they are being underpaid. On Equal Pay Day how can the law help eradicate your pay gap? Based on the mean salary for full time employees in the UK, today is the day on which women stop being paid for their work. The average female worker in the UK earns 13....
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Robin Allen QC and Joel Donovan QC elected as Joint Head of Chambers

Robin Allen QC and Joel Donovan QC elected as Joint Head of Chambers
We are very pleased to announce that Robin Allen QC and Joel Donovan QC have been elected Joint Heads of Chambers. We congratulate them and wish them the best for their term of office.

John Horan speaks on the UNCRPD and concrete expectations of disabled people in Barcelona

John Horan speaks on the UNCRPD and concrete expectations of disabled people in Barcelona
John Horan gave a speech entitled “Tools for Transforming Guardianship: Article 12 UNCRPD and Catalan Law” at an all-day conference on 10 th November 2016. This was to form part of the conference “Rights and Supports: Transforming the Guardianship” conference which is being hosted by Som Fundacio, a Barcelonan-based charity. A transcript of what he...
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Disability and homelessness: bringing home human rights

Disability and homelessness: bringing home human rights
Sally Robertson considers the decision of R (GS) v London Borough of Camden [2016] EWHC 1762 (Admin), 27 July 2016 in this blog. The Human Rights Act 1998 incorporated the European Convention on Human Rights (ECHR) into UK law from 2000. Sixteen years later the ECHR is under attack. Why? At first blush the reason is difficult to understand. After a...
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Schona Jolly interviewed by BBC and the Independent following yesterday's article 50 judgment

Schona Jolly interviewed by BBC and the Independent following yesterday's article 50 judgment
Following yesterday's Article 50 judgment and the front pages in the press this morning, Schona Jolly was interviewed by the BBC and the Independent to comment on some papers' interpretation of the judgment and their attack on the judiciary (the Independent article can be found here ).  Schona also wrote for the Lawyer Magazine on the topic ea...
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Cloisters Employment Law Conference: What you need to know in 2017

Cloisters Employment Law Conference: What you need to know in 2017
Cloisters’ leading employment law silks and juniors will share their wealth of expertise and practical know-how on hot employment law issues that are likely to have the greatest impact on employment and HR professionals in the coming year. Book now and ensure your place at this one day conference which will be held on 3 November 2016 from 10am to 4...
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Robin Allen QC is The Times Lawyer of the Week

Robin Allen QC is The Times Lawyer of the Week
Robin Allen QC is the Times Lawyer of the Week.  The full column, which can be found in today's edition of the Times has been reproduced below:     Robin Allen QC, of Cloisters Chambers, acted for the Equality Commission for Northern Ireland in the Northern Ireland Court of Appeal where the judges ruled unanimously that a baker's ref...
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Cloisters is delighted to announce that it continues to be ranked in Chambers and Partners UK Bar 2017 as a leading set

Cloisters is delighted to announce that it continues to be ranked in Chambers and Partners UK Bar 2017 as a leading set
To view our Chambers and Partners online profile please click here

Schona Jolly writes in the London Review of Books Blog on the Article 50 litigation, Brexit and parliamentary sovereignty.

Schona Jolly writes in the London Review of Books Blog on the Article 50 litigation, Brexit and parliamentary sovereignty.
Schona Jolly writes in the London Review of Books Blog on Brexit, the London and Belfast Article 50 litigation, parliamentary sovereignty and Henry VIII clauses. see the publication here

Declan O’Dempsey is addressing the Industrial Law Society on “Post referendum racism”

Declan O’Dempsey is addressing the Industrial Law Society on “Post referendum racism”
Declan O’Dempsey is addressing the Industrial Law Society at the offices of Gowling WLG LLP, 2 Snowhill, Birmingham B4 6WRin Birmingham at 6 pm on 15 th November 2016 on “Post referendum racism”.  This talk deals with what businesses can do to tackle the rise in racist incidents since the EU referendum and has been well received as a “timely s...
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Declan O’Dempsey is speaking on sanctions and remedies against discrimination

Declan O’Dempsey is speaking on sanctions and remedies against discrimination
Declan O’Dempsey  is speaking on sanctions and remedies against discrimination at the Workshop on National Courts and the Charter: Judicial Dialogue in tackling present and future challenges on non-discrimination,  on 7th and 8th November 2016 at the Florence-European University Institute.

Schona Jolly to speak at Oxford University Moot and Panel Discussion on ‘Disabled People and Employment: rights protection, career progression and fulfilling potential’

Schona Jolly to speak at Oxford University Moot and Panel Discussion on ‘Disabled People and Employment: rights protection, career progression and fulfilling potential’
On 5 November 2016, Schona Jolly will be speaking at the Oxford University Moot and Panel Discussion on ‘Disabled People and Employment: rights protection, career progression and fulfilling potential’. Schona was counsel in X v Governing Body of a School [2015] UKUT 0007 (AAC), [2015] ELR 133 in which the Upper Tribunal was invited to consider, and...
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Employment Appeal Tribunal confirms that judges don't work for a living...

Employment Appeal Tribunal confirms that judges don't work for a living...
....they do, however, faithfully and diligently discharge their office and can be, of course, in an employment relationship. Blog by Caspar Glyn QC   Like a London Bus rather than an Uber one worker status case follows another with the EAT’s decision in Gilham v MoJ . Ms Gilham sought whistleblower protections in her role as a district judge. ...
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Uber drivers lead the way for revolution in the gig economy

Uber drivers lead the way for revolution in the gig economy
In this blog Sally Cowen considers the implications of the recent Tribunal decision on the status of Uber drivers. Uber drivers have been held by the Tribunal to be ‘workers’ under the definition in s.230(3)(b) of the Employment Rights Act 1996. Known as ‘limb (b) workers’ this entitles the drivers to a variety of rights in relation to their hours ...
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Schona Jolly attends All-Party Parliamentary Group: “How Can Brexit Be Done under the Rule of Law?”

Schona Jolly attends All-Party Parliamentary Group: “How Can Brexit Be Done under the Rule of Law?”
On 24 October 2016, Rt Hon Dominic Grieve QC MP is hosting an All-Party Parliamentary Group on the Rule of Law considering “How Can Brexit Be Done under the Rule of Law?”

Bakers lose “gay cake case”

Bakers lose “gay cake case”
The Northern Ireland Court of Appeal has found that Ashers bakery is liable for unlawful discrimination by refusing to bake a cake iced with a ‘support gay marriage’ message, for a gay customer, Mr Lee.  A copy of the judgment is available here: http://www.equalityni.org/ECNI/media/ECNI/Cases%20and%20Settlements/2016/AshersFullJudgement-Appeal...
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Robin Allen QC address to the UK Association of Women Judges

Robin Allen QC address to the UK Association of Women Judges
On 21 October 2016 Robin Allen QC addressed the UK Association of Women Judges at their Autumn Conference. This year conference focused on Religion, Culture and the Law. Robin's speach on Religion in the Workplace can be read here.

Human rights implications of Brexit: Cloisters provides evidence to Joint Committee on Human Rights

Human rights implications of Brexit:  Cloisters provides evidence to Joint Committee on Human Rights
Schona Jolly , Rachel Crasnow QC , Jason Galbraith-Marten QC , Dee Masters and Jennifer Danvers  provided written evidence to the Parliamentary Joint Committee on Human Rights concerning the human rights implications of Brexit. They argued that there were fundamental tracts of legislation relating to workers’ rights that are likely to be remov...
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Cloisters barristers provide evidence on children's rights

Cloisters barristers provide evidence on children's rights
Robin Allen QC and Dee Masters provided written evidence to the Parliamentary Joint Committee on Human Rights concerning the rights of children. They argued that in order to comply with international law, the remit of the Equality Act 2010 should be broadened to protect children and young people from age discrimination in the fields of goods, facil...
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