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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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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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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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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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

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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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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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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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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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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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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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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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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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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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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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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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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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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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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Glasgow City Council Decides Not to Appeal

Photo credit: BBC News 17 Jan 2017
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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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Asda, equal pay and the meaning of “establishments”

Asda, equal pay and the meaning of “establishments”
Daphne Romney QC considers the long awaited decision of the ET in Brierley v ASDA Stores: The ET sitting in Manchester has handed down judgment in the latest instalment of Brierley v ASDA Stores [1] the equal pay litigation between some 7,000 claimants, predominantly female, working in the Retail division of ASDA. They assert that they do work of e...
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Lock, take stock for the next few barrels….

Lock, take stock for the next few barrels….
Caspar Glyn QC analyses the recent Court of Appeal decision: Restricted to its own facts British Gas’ appeal has been unsurprisingly dismissed. However, the decision was a close one - in the words of the court it “wavered.” Questions as to the correct reference period and whether a banker’s bonus should be reflected in holiday pay were expressly re...
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Court of Appeal dismisses British Gas’ appeal in Lock

Court of Appeal dismisses British Gas’ appeal in Lock
The Court of Appeal handed down judgment today in the case of Lock and another v British Gas Trading Ltd [2016] EWCA Civ 983, upholding the EAT’s decision earlier this year that holiday pay must include results-based commission. The Court of Appeal affirmed the EAT’s finding that the employment tribunal had not erred in reading words into the Worki...
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Can Judicial Assessment help Claimants and Respondents in the Employment Tribunal?

Tom Gillie , Cloisters The President of the Employment Tribunals (England and Wales) has issued new guidance setting out a protocol for 'Judicial Assessment' of a claim and a response as part of Employment Tribunal proceedings. A copy of the guidance and protocol is available here:  https://www.judiciary.gov.uk/wp-content/uploads/2013/08/presi...
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Times are changing - Gender Pay Gap Regulations

Times are changing - Gender Pay Gap Regulations
Forty-six years since the Equal Pay Act 1970, the gender pay gap persists despite years of litigation. The impending regulations have come at an important time, says Daphne Romney QC who has written a full article on this in the October 2016 edition of Counsel. This can be accessed here .

Agency Employees, Unfair Dismissal and the Necessity of Communicating an Intention to Dismiss: the recent EAT judgment in Sandle v Adecco UK Ltd

Agency Employees, Unfair Dismissal and the Necessity of Communicating an Intention to Dismiss: the recent EAT judgment in Sandle v Adecco UK Ltd
Ed Williams and Caroline Musgrave appeared before the EAT in July 2016 to argue an important case for agency workers and those who bring or defend unfair dismissal claims in the context of agency employment. Navid Pourghazi discusses the Judgment.   Introduction The EAT’s decision in Sandle v Adecco UK Limited is a must-read for practitioners ...
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Cloisters and B3sixty conference

Cloisters and B3sixty conference
Cloisters and B3sixty are holding a conference on 23 September 2016 between 2.30 pm – 5.30 pm, at which several of our leading employment barristers will be speaking The programme consists of two sessions: Protecting your organisation’s reputation – legal and HR perspectives Employment law – your questions answered by Sally Cowen , Chris Milsom , C...
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Kratzer v RAV AG: Access to Employment versus access to compensation

Kratzer v RAV AG: Access to Employment versus access to compensation
By Chris Milsom Those with long memories will recall a Mr John Berry (alias) who was said to have made ET litigation a veritable cottage industry. Mr Berry’s modus operandi was to locate advertisements (principally placed by recruitment agencies) for roles across the UK which contained terminology allegedly targeting younger people such as “school ...
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Bitter taste for Byron staff – how to handle the immigration obligations

Bitter taste for Byron staff – how to handle the immigration obligations
By Sally Cowen Last week Byron, the upmarket burger chain called their employees into a meeting, which was cast as a meeting to teach them how to cook burgers. Immigration officers turned up to this (allegedly) stooge meeting (the employees were not there to learn how to cook burgers, but apparently to be investigated by the Immigration Service). I...
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Sarah Fraser Butlin acts in whistle-blowing case that re-ignites worker status debate

Sarah Fraser Butlin acts in whistle-blowing case that re-ignites worker status debate
Rachel Barrett considers the recent decision McTigue v University Hospital Bristol NHS Foundation Trust , in which the President of the Employment Appeal Tribunal has given important guidance on the application of whistle-blowing provisions to agency workers. Sarah Fraser Butlin of Cloisters represented the NHS Trust in this latest case to consider...
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Six Cloisters’ Silks join panel of 22 QCs on the hot employment law issues for 2016-2017

Six Cloisters’ Silks join panel of 22 QCs on the hot employment law issues for 2016-2017
Robin Allen QC ,  Daphne Romney QC ,  Paul Epstein QC ,  Jason Galbraith-Marten QC ,  Caspar Glyn QC  and  Rachel Crasnow QC  will be part of the panel of 22 of the UK’s leading Queen’s Counsel who will update delegates  on key employment law topics that are most likely to be of concern in 2016-17. ...
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The Simmons v Castle debate continues

The Simmons v Castle debate continues
Sarah Fraser Butlin considers the most recent EAT judgment on the issue in Olayemi v Athena Medical Centre. It was HHJ Richardson’s turn to consider whether the 10% uplift on general damages applied to awards for injury to feelings.  His answer was yes. The Court of Appeal in Simmons v Castle [2012] EWCA Civ 1039 had declared that: “…with effe...
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Rachel Crasnow QC and Rachel Barrett represent whistleblowing judge in landmark EAT appeal

Rachel Crasnow QC and Rachel Barrett represent whistleblowing judge in landmark EAT appeal
Rachel Crasnow QC and Rachel Barrett presented what the MOJ described as a ‘revolutionary’ argument that judges are ‘workers under contract’ in a cutting edge EAT Appeal case today. In Gilham v MOJ , the Cloisters’ barristers represented District Judge Claire Gilham who made protected disclosures about listing pressures and potential courtroom dang...
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ELA briefing features innovative articles by Cloisters

ELA briefing features innovative articles by Cloisters
Cloisters is consistently at the cutting edge of legal analysis.  The July edition of ELA briefing contains two articles by barristers at Cloisters.   Schona Jolly and Nathan Roberts produced an analysis of C-157/15 Achbita v G4S Secure Solutions NV entitled, “Secular workplaces v religious freedoms” which argues that the law is cham...
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Cloisters' barristers and their guests enjoy Temple Women's Forum Garden Party

Cloisters' barristers and their guests enjoy Temple Women's Forum Garden Party
Great fun was had by all at the Temple Women’s Forum Garden Party yesterday  (11 July 2016). Cloisters' barristers Daphne Romney QC , Caroline Musgrave , Dee Masters , Anna Beale , Chesca Lord , Sheryn Omeri , Sarah Fraser Butlin and their invited guests enjoyed drinks and canapés in the beautiful gardens at Inner Temple where they mingled wit...
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Caspar Glyn QC to speak at the ILS Annual Oxford Conference

Caspar Glyn QC to speak at the ILS Annual Oxford Conference
Cloisters is delighted to be involved again in this year’s Industrial Law Society’s (ILS) Annual Conference at St Catherine’s College, Oxford. The conference will run from Friday 16 September  to Sunday 18 September 2016. Caspar Glyn QC will be giving a plenary lecture on Friday entitled:  Master and Servants. Employment Status – Yesterda...
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Supreme Court to determine first CJEU reference post Brexit referendum

Supreme Court to determine first CJEU reference post Brexit referendum
Robin Allen QC and Rachel Crasnow QC are in the Supreme Court today [Thursday 7 July] representing Dermod O’Brien QC, the part-time judge whom they have acted for since 2008 and for whom they obtained, for the very first time, a judicial pension although he was always only part-time.  [See O’Brien v MOJ [2013] ICR 499] A point has arisen conce...
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Caspar Glyn QC to speak at the ILS Annual Oxford Conference

Caspar Glyn QC to speak at the ILS Annual Oxford Conference
Cloisters is delighted to be involved in this year’s Industrial Law Society’s (ILS) Annual Conference at St Catherine’s College, Oxford. The conference will run from Friday 16 September to Sunday 18 September 2016. Caspar Glyn QC will be giving a plenary lecture on the latest key employment law issues. Other confirmed speakers will be Dr ...
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Employment status update

Employment status update
by Nathan Roberts Despite streams of case law on the status of workers and employees, new issues and principles keep emerging. On the horizon is litigation between various app-based companies and their users as to worker status. Litigation has also recently been brought by the Independent Workers Union of Great Britain on behalf of cycle couriers s...
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Caspar Glyn QC successfully defends Leyton Orient Football Club against Director of Football’s Wrongful Dismissal claim

Caspar Glyn QC successfully defends Leyton Orient Football Club against Director of Football’s Wrongful Dismissal claim
Working with Liz Ellen, Head of Sport at Mishcon de Reya, Caspar Glyn QC successfully defended Leyton Orient against Mauro Milanese’s claim for wrongful dismissal. The Judge found, after cross-examination, that Mr Milanese had a track record of dishonesty and was prepared to lie when confronted with uncomfortable truths. The Judge held that Leyton ...
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Internal appeals and the EDT: the statutory regime reigns supreme

Internal appeals and the EDT: the statutory regime reigns supreme
Tamar Burton considers the impact of an internal appeal decision to change a summary dismissal to a dismissal with notice on the effective date of termination (“EDT”). This factual scenario was considered by the Court of Appeal in Rabess v London Fire and Emergency Planning Authority, a case concerning the interplay between the common law principle...
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Akua Reindorf addresses the annual conference of the Council of Employment Judges

Akua Reindorf addresses the annual conference of the Council of Employment Judges
Akua Reindorf was invited to address the annual conference of the Council of Employment Judges in Harrogate on 7 May 2016. She spoke on the subject of “Working Abroad and Territorial Jurisdiction”, joining distinguished speakers HHJ Peter Clark, HHJ Jenny Eady, HHJ Mary Stacey, Lord Justice Ryder and Sean Jones QC.   Cloisters  has signif...
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Dee Masters elected Member at Large on ELA Management Committee

Dee Masters elected Member at Large on ELA Management Committee
Dee Masters has been elected Member at Large on the Employment Lawyers Association (ELA) Management Committee 2016-18. The ELA is an apolitical organisation representing the views and interests of just over 6,000 specialist, qualified employment lawyers in the UK. Since its inception in 1992, ELA has become the voice of authority in employment law....
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How is ‘Employment’ defined under the Equality Act 2010?

How is ‘Employment’ defined under the Equality Act 2010?
What is employment under the Equality Act 2010? Adam Ohringer considers the recent judgment of the Court of Appeal in Secretary of State for Justice v Windle [2016] EWCA civ 459   It always strikes me as amusing that employment lawyers have such difficulty defining what employment actually is.  Maybe it is like asking a biologist: ‘what i...
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Caspar Glyn QC acts successfully for fire service in false claim of harassment and unfair dismissal case

Caspar Glyn QC acts successfully for fire service in false claim of harassment and unfair dismissal case
Caspar Glyn QC acted successfully for South Wales Fire and Rescue Service in refuting claims that a former employee had been  harassed, unfairly treated and dismissed due to his mixed race and for making a protected disclosure. After cross-examination by Caspar, the former South Wales firefighter, Michaele Lloyd dropped his claims. The Employm...
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Six Cloisters' Silks join 22 QCs to update on hot Employment Law issues for 2016-2017

Six Cloisters' Silks join 22 QCs to update on hot Employment Law issues for 2016-2017
Six Cloisters' Silks are on the panel of 22 leading Queen’s Counsel at the  22 QCs - Hot employment law issues for 2016-2017  conference devised and chaired by Michael Rubenstein.  Robin Allen QC ,  Daphne Romney QC ,  Paul Epstein QC , Jason Galbraith-Marten QC ,  Caspar Glyn QC and  Rachel Crasnow QC  will ...
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The Bar and shared parental leave

The Bar and shared parental leave
by Rachel Crasnow QC Since Shared Parental Leave (SPL) came into force a year ago on 5 April 2015, I have written, lectured and advised widely about this new legal entitlement. The people I have not engaged with much about SPL are barristers - for the key reason that as self-employed professionals rather than employees, they are excluded from this ...
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Jason Galbraith-Marten QC and Sarah Fraser Butlin act for cycle couriers in fundamental challenge to courier industry’s employment practice

Jason Galbraith-Marten QC and Sarah Fraser Butlin act for cycle couriers in fundamental challenge to courier industry’s employment practice
Jason Galbraith-Marten QC and Sarah Fraser Butlin are instructed by the Independent Workers Union of Great Britain (IWGB) to act for a number of cycle couriers who are bringing claims against some of the major courier companies.   The cycle couriers are claiming holiday pay and seeking a written statement under s1 Employment Rights Act 1996 to...
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Cloisters Employment is ranked in Who’s Who Legal: UK Bar

Cloisters Employment is ranked in Who’s Who Legal: UK Bar
We are pleased to announce that barristers at Cloisters have been ranked in this year’s Who’s Who Legal UK Bar 2016 directory in Labour & Employment. Silks “Cloisters Chambers receives four nominations in this practice area.  The “innovative” Robin Allen QC is a “leading figure” at the employment bar and is regularly involved in cross-bord...
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Declan O’Dempsey successfully argues that Prison Service sessional teachers are entitled to employment rights

Declan O’Dempsey successfully argues that Prison Service sessional teachers are entitled to employment rights
A Cardiff Employment Tribunal has found that sessional teachers in the Prison Service were employees and therefore entitled to employment rights.  Declan O’Dempsey , acting for Prospect union members, successfully argued (in the case of Betts and Others v Secretary of State for Justice ) that their employment was lawful.  Surprisingly the...
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Being deterred from membership of an independent trade union: Court of Appeal, again, considers the case of Mr Bone

Being deterred from membership of an independent trade union:  Court of Appeal, again, considers the case of Mr Bone
Sarah Fraser Butlin reviews the recent judgment of the Court of Appeal in the long-running litigation in Bone v North Essex Partnership NHS Foundation Trust .  Mr Bone was the leading light of the Workers of England Union (WEU) and brought claims of race discrimination, which were all dismissed, and of detriment under s146 TULRCA 1992.  T...
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Cox v MoJ: Vicarious Liability Extension in Christian Brothers Case Approved by Supreme Court

Cox v MoJ: Vicarious Liability Extension in Christian Brothers Case Approved by Supreme Court
By Catriona Stirling Vicarious liability has been considered by our highest courts in a flood of cases in recent years and the law has taken another step forward with today’s judgments from the Supreme Court in the conjoined appeals of Mohamud v WM Morrison Supermarkets plc [2016] UKSC 11 (in which the appeal was successful) and Cox v Ministry of J...
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Mohamud: The Plates of Vicarious Liability Shift Again

Mohamud: The Plates of Vicarious Liability Shift Again
By Catriona Stirling Vicarious liability has been considered by our highest courts in a flood of cases in recent years and the law has taken another step forward with today’s judgments from the Supreme Court in the conjoined appeals of Mohamud v WM Morrison Supermarkets plc [2016] UKSC 11 (in which the appeal was successful) and Cox v Ministry of J...
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Cloisters’ Joel Donovan QC and Adam Ohringer win definitive guidance on vicarious liability in Mohamud v Morrison Supermarkets

Cloisters’ Joel Donovan QC and Adam Ohringer win definitive guidance on vicarious liability in Mohamud v Morrison Supermarkets
The Supreme Court’s judgment in the case of Mr A M Mohamud (in substitution for Mr A Mohamud (deceased)) (Appellant) v WM Morrison Supermarkets plc (Respondent) – UKSC 2014/0087 on appeal from the Court of Appeal  was handed down this morning. The Court unanimously allows the Claimant’s appeal and holds the Respondent vicariously liable for th...
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Caspar Glyn QC considers the hotly anticipated EAT holiday pay judgment of Lock v British Gas

Caspar Glyn QC considers the hotly anticipated EAT holiday pay judgment of Lock v British Gas
Caspar Glyn QC considers the hotly anticipated judgment in  Lock-v-British-Gas handed down by the Employment Appeal Tribunal today. In the long running appeal of Lock v British Gas the EAT considered whether UK Holiday Pay could include pay to make up for commission which a salesman did not earn because he was on holiday. The decision invites ...
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Closing the Gap: Will the gender pay gap information Regulations bring about equality?

Closing the Gap:  Will the gender pay gap information Regulations bring about equality?
Daphne Romney QC  considers how the draft Equality Act 2010 (Gender Pay Gap Information) Regulations 2016 , published last week by the Government, will affect businesses . On 12 February 2016, the Government published the draft Equality Act 2010 (Gender Pay Gap Information) Regulations 2016 , which will affect some 8,000 businesses. This ...
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Settling Injury to Feelings: A Taxing Time

Settling Injury to Feelings: A Taxing Time
Tom Gillie , a pupil at Cloisters, considers the recent Upper Tribunal (Tax and Chancery Chamber) judgment in Moorthy v HMRC [2016] UKUT 13 TCC in respect of taxation on injury to feelings payments. Introduction Until recently, you could be forgiven for thinking that sums paid as settlement for injury to feelings were tax exempt. That forgiveness s...
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CMOs Revisited: Case Management Orders in the Employment Tribunals

CMOs Revisited: Case Management Orders in the Employment Tribunals
Adam Ohringer  considers the recent judgment of the EAT in Serco Ltd v Wells .   Employment Tribunals routinely make Case Management Orders (“CMOs”) for the fair and efficient determination of claims.  CMOs may be made on the papers or at a preliminary hearing.  In complex cases, there may be more than one preliminary hearing as...
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Early conciliation: the tide is turning towards a liberal interpretation

Early conciliation: the tide is turning towards a liberal interpretation
In this blog, Nathaniel Caiden of Cloisters considers the latest EAT case on the Early Conciliation (“EC”) requirements - Mist v Derby Community Health Services NHS Trust UKEAT/0170/15 (“Mist”) (for judgment click Mist-Judgment.pdf ) which was handed down today. He also analyses the approach that ETs are likely to take going forward.   Overvie...
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Ed Williams and Jennifer Danvers successfully defend School against allegations that Senior Leadership Team forged resignation letters of teaching assistants

Ed Williams and Jennifer Danvers successfully defend School against allegations that Senior Leadership Team forged resignation letters of teaching assistants
Ed Williams  and Jennifer Danvers successfully defended a school in Birmingham against allegations that the senior leadership team had forged the resignation letters of teaching assistants. The facts of the case were described in the so called Trojan horse letter, which detailed a blueprint to introduce an Islamist ethos into schools...
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Rachel Crasnow QC to speak at the TUC/EOR Discrimination Law Conference 2016

Rachel Crasnow QC to speak at the TUC/EOR Discrimination Law Conference 2016
Rachel Crasnow QC is speaking on the challenges to the Shared Parental Leave regime at the TUC/EOR Discrimination Law Conference 2016 on 22 January 2016. Rachel is currently advising the Bar Council on how to implement SPL. This annual discrimination law conference, held at TUC Congress House, Great Russell Street, London, will give trade unio...
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Copy to Self @ home – BE CAREFUL!

Copy to Self @ home – BE CAREFUL!
Sally Cowen  considers the recent High Court Judgment in Farnan v Sunderland Association Football Club Ltd [20 15] EWHC 3759 (QB). We’ve all advised clients to make sure that they accumulate evidence of the breach of trust and confidence they allege. Following  Brandeaux Advisers v Chadwick [2010] All ER 235 and Tokio Marine Kiln Insuranc...
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Beckford: Clarity as to 10% uplift on general damages in the Tribunal?

Beckford: Clarity as to 10% uplift on general damages in the Tribunal?
Olivia-Faith Dobbie  comments on why the Simmons v Castle saga continues in Beckford . Introduction In Simmons v Castle  [2012] EWCA Civ 1039, the Court of Appeal (CA) declared that: “…with effect from 1 April 2013, the proper level of general damages in all civil claims for (i) pain and suffering, (ii) loss of amenity, (iii) physical inc...
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Indirect discrimination: when disparate impact is not enough

Indirect discrimination: when disparate impact is not enough
When disparate impact is not enough:  Anna Beale considers the recent judgment of the Court of Appeal in Naeem v Secretary of State for Justice : Those practitioners who have had no involvement in the mass equal pay litigation of the last 20 years may have remained blissfully unaware of the decisions of the Court of Appeal in Armstrong v Newca...
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Long-awaited clear reasoning on comparators

Long-awaited clear reasoning on comparators
Rachel Crasnow QC and  Tamar Burton consider the Court of Appeal’s judgment in Griffiths v Secretary of State for Work and Pensions . The judgment of Elias LJ handed down on 10 December 2015 has confirmed that the duty to make reasonable adjustments may well be engaged in the application of attendance management policies to disabled employees....
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Daniel Dyal successfully defends teachers’ trade union before the ET in sex discrimination claim

Daniel Dyal successfully defends teachers’ trade union before the ET in sex discrimination claim
In Revely v NASUWT Daniel Dyal  successfully defended the National Association of Schoolmasters and Union of Women Teachers (NASUWT) in sex discrimination proceedings before the employment tribunal in Exeter. The Claimant alleged that there was a discriminatory culture in the union led by one of its Assistant General Secretaries, to which the ...
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Chris Milsom acts for successful respondent in EAT case concerning when interpreters are required

Chris Milsom acts for successful respondent in EAT case concerning when interpreters are required
By Nathan Roberts In Hak v St Christopher’s Fellowship [2015] UKEAT/0446/14/DA the EAT has declined to give specific guidance as to when a court or tribunal should provide an interpreter, instead finding that the matter should be determined on a case by case basis. As a rule of thumb, however, tribunals should “ask whether the litigant’s command of...
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Ed Williams and Catriona Stirling represent successful appellants in the EAT in ground-breaking TUPE case

Ed Williams and Catriona Stirling represent successful appellants in the EAT in ground-breaking TUPE case
Ed Williams and Catriona Stirling appeared for the successful appellants in the EAT in the ground-breaking TUPE case of Hyde Housing Association Ltd and Others v Layton , in which judgment has now been handed down. The ET had held that, in circumstances where A’s employment with B transferred to joint and several employment with B and other employe...
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Database rights: ownership, breaches and remedies

Database rights: ownership, breaches and remedies
There is, at common law, no property in information ( Oxford v Moss [1978] 68 Cr App Rep 183).  An employer may want to use database rights where traditional restrictive covenant approaches to protecting a business interest will not succeed.  In this article Declan O’Dempsey covers some of the ways in which an employer can use the Databas...
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What does 'qualifying disclosure' mean in the context of whistleblowing legislation?

What does 'qualifying disclosure' mean in the context of whistleblowing legislation?
In this month’s ELA briefing, Sheryn Omeri (together with James Laddie QC of Matrix) considers the meaning of “qualifying disclosure” in the context of whistleblowing legislation. Section 43B of the Employment Rights Act defines a qualifying disclosure as a disclosure of information which, in the reasonable belief of the worker making the disclosur...
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Daphne Romney QC to talk on recent surprising developments in discrimination law at ILS event

Daphne Romney QC to talk on recent surprising developments in discrimination law at ILS event
Daphne Romney QC will be giving a talk on the latest surprising developments in discrimination law at the ILS meeting in Edinburgh on 22 October 2015. Her course will consider whether the Court of Appeal will reverse the unwelcome re-appearance of Malcolm into disability discrimination in Griffiths v SSWP . Why is abstaining from fizzy drinks not f...
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Righting discriminatory pension schemes: Does the EU “future effects” or “no retrospectivity” principle win?

Righting discriminatory pension schemes: Does the  EU “future effects” or “no retrospectivity” principle win?
Claire McCann considers the Court of Appeal judgment in O’Brien v Ministry of Justice and Walker v Innospec & Ors , which deals with the question of whether rights under the EU Part-time Workers Directive and the Framework Directive can be retrospective in the complex area of entitlement to pensions. In these joint cases, the Court of Appeal co...
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Are sleep-in workers entitled to the national minimum wage?

Are sleep-in workers entitled to the national minimum wage?
Anna Beale reflects on the recent EAT Judgment concerning national minimum wage for “sleep-in” workers doing “salaried hours work” in a residential care home: Shannon v Rampersad & Rampersad t/a Clifton House Residential Home The question of whether workers who “sleep-in” overnight at their workplace are entitled to the minimum wage for some or...
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Five Cloisters' Silks join 22 QC panel on 'Hot Issues in Employment Law for 2015-2016' Conference

Five Cloisters' Silks join 22 QC panel on 'Hot Issues in Employment Law for 2015-2016' Conference
Five Cloisters' Silks are on the panel of 22 leading Queen’s Counsel at the  22 Silk - Hot issues in Employment Law 2015-2016  conference devised and chaired by Michael Rubenstein. Robin Allen QC ,   Daphne Romney QC ,   Jason Galbraith-Marten QC ,  Caspar Glyn QC  and  Rachel Crasnow QC  will be part of the ...
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Robin Allen QC shortlisted 'Employment Silk of the Year' for Legal 500 Awards 2015

Robin Allen QC shortlisted 'Employment Silk of the Year' for Legal 500 Awards 2015
Robin Allen QC has been shortlisted for Employment Silk of the Year for the 2015 Legal 500 UK awards. Robin, Head of Cloisters, specialises in employment, equality, discrimination, human rights, public law and local authority work. He has twice been named Chambers and Partners' "Employment Law QC of the Year" and has appeared in 145 reported c...
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Chris Milsom represents claimant in the first successful case of caste-based discrimination in the Employment Tribunal

Chris Milsom represents claimant in the first successful case of caste-based discrimination in the Employment Tribunal
In a ground-breaking judgment in Tirkey v Chandok and another ET/3400174/2013, handed down on 17 September 2015, the Employment Tribunal upheld claims for harassment on the grounds of race, religious discrimination, unfair dismissal, pay claims and breaches of the Working Time Directive. The Claimant was born in India to the Adivasi class, which fa...
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Associative Victimisation: Thompson v London Central Bus Company, EAT

Associative Victimisation: Thompson v London Central Bus Company, EAT
By Daniel Dyal In Thompson v London Central Bus Company [2015] UKEAT 0108_15_2007  Mr Thompson claimed that he was victimised because of a protected act. The twist was that he did not do the protected act himself. The protected act was done by another employee with whom, Mr Thompson claimed, management associated him. Mr Thompson was a member ...
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Cloisters' Employment and Discrimination seminars

Cloisters' Employment and Discrimination seminars
Cloisters' highly acclaimed autumn seminar programme on employment and discrimination on 13 and 15 October 2015 is featured below. Venue Cloisters. 1 Pump Court EC4Y 7AA Time 18.15 - 19.45 CPD for each talk is 1.5 Cakes, obesity and no room on buses! Anna Beale & Catherine Casserley : Tuesday 13 October Upcoming challenges in employment discrim...
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Jurisdiction battles: Employment rules win

Jurisdiction battles: Employment rules win
Jacques Algazy QC , an expert at Cloisters on international and territorial jurisdiction and conflicts of laws, comments on the recent judgment of the European Court of Justice below.   In Ho lterman Ferho Exploitatie BV and others v Spies von Bullesheim C-47/14 , the CJEU definitively ruled in favour of the jurisdiction provisions applicable ...
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Rachel Crasnow QC to speak at Addleshaw Goddard's Employment Group seminar

Rachel Crasnow QC to speak at Addleshaw Goddard's Employment Group seminar
Cloisters’ Rachel Crasnow QC will be speaking at Addleshaw Goddard’s annual Employment Group Training Day for in-house employment lawyers and HR professionals on 15 October 2015. Rachel’s session ‘Fighting for adjustments - 20 years of disability discrimination’  will offer guidance through how the law has developed over the last 20 years.&nbs...
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Ed Williams and Catriona Stirling seek reference to CJEU in key TUPE case

Ed Williams and Catriona Stirling seek reference to CJEU in key TUPE case
Ed Williams and Catriona Stirling will appear in the Employment Appeal Tribunal on 11 September 2015 in the case of Martlet Homes Ltd & Ors v Mr Dean Layton . This is an important case concerning the meaning and scope of the TUPE Regulations. It will determine whether there is a transfer within the meaning of the Regulations when there are mult...
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Rachel Crasnow QC speaker at MBL Employment Law Conference 2015

Rachel Crasnow QC speaker at MBL Employment Law Conference 2015
Rachel Crasnow QC will be speaking at the MBL "Employment Law Conference – Review of the Year 2015" on Monday 14 September 2015 at the London Hilton Hotel, 22 Park Lane London W1K 1BE. Rachel’s session will cover the dramatic developments in discrimination law. This conference is 6 CPD hours. 

Does your daily commute count as working time?

Does your daily commute count as working time?
By Jason Galbraith-Marten QC In Whittlestone v BJP Home Support Limited [2014] ICR 275 the EAT held that for those without a permanent place of work, time spent travelling between assignments counted as ‘time work’ for the purposes of the National Minimum Wage Regulations 1999. In Federación de Servicios Privados del sindicato Comisiones obreras (C...
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Employment Tribunal fees – a new Scottish dimension

Employment Tribunal fees – a new Scottish dimension
By Brian Napier QC  (Scotland) and Jonathan Mitchell QC (Scotland) The recent rejection by the Court of Appeal to Unison’s challenge to the fee-charging regime that is now part of our employment tribunal system comes as a set-back to all who see fee-charging as a denial of (access to) justice.  This week, however, there is good news for s...
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Sarah Fraser Butlin successfully represents appellant in case establishing fees paid by Union can be recovered in the EAT

Sarah Fraser Butlin successfully represents appellant in case establishing fees paid by Union can be recovered in the EAT
By Rachel Barratt Sarah Fraser Butlin successfully represented the appellant in Ibarz v University of Sheffield   establishing that costs funded on a party’s behalf by a trade union may be recovered from the other side. Background to the appeal Dr Ibarz taught Spanish and Latin American Studies at the University of Sheffield. The University sp...
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Chris Milsom acts for former EULEX prosecutor in whistleblowing case

Chris Milsom acts for former EULEX prosecutor in whistleblowing case
Cloisters’ barrister, Chris Milsom , is acting for Marie Bamieh, in her whistleblowing claim against the European Union Rule of Law Mission in Kosovo (EULEX) in the Central London Employment Tribunal. Maria Bamieh, a former prosecutor at EULEX, alleges she was suspended after she blew the whistle on serious corruption taking place within the EU Age...
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Griffin v Plymouth Hospitals NHS Trust - remedy judgment

Griffin v Plymouth Hospitals NHS Trust - remedy judgment
By Rajiv Bhatt Following the Court of Appeal’s decision ( Griffin v Plymouth Hospitals NHS Trust [2014] EWCA Civ 1240 ) the Employment Tribunal has now handed down its remedy judgment.  Cloisters’ barrister Chris Milsom represented the Claimant at the remedy hearing.  Three points of interest arise from the judgment. Firstly, the revised ...
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The recast Brussels regulation: to sue or not to be sued

The recast Brussels regulation:  to sue or not to be sued
Petter considers the recast Brussels regulation on jurisdiction  and the recognition and enforcement of civil judgments in an employment dispute, and provides useful guidance on the ambit of the regulation and the availability of an anti-suit injunction to enforce it...   To read the full article by Cloisters' Jacques Algazy QC ...
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Care staff not transferred when new reduced service starts

Care staff not transferred when new reduced service starts
Sally Cowen successfully represented the new care provider in this test of when staff TUPE to a new provider within the care industry. This will have impact on many re-tender situations in the care industry, where cutbacks are being made to the service provided. The ET (Leicester) has decided that where a re-tender exercise for housing support serv...
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Dealing with wide-ranging discrimination claims: using a staged approach

Dealing with wide-ranging discrimination claims: using a staged approach
Dee Masters and Nathaniel Caiden , like many of our barristers, are frequently tasked with dealing with wide-ranging discrimination claims. They have recently written a practical article for the ELA Briefing, discussing a potential solution to taming such ‘sweeping discrimination claims’: using a staged approach. A staged approach involves the clai...
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Chris Milsom appears in judicial review on child soldiers and age discrimination

Chris Milsom appears in judicial review on child soldiers and age discrimination
By Rajiv Bhatt Cloisters’ Chris Milsom i s currently being led by Matrix Chambers’ David Wolfe QC in a judicial review of the army’s minimum service requirements for minors.  The case has been brought by Child Soldiers International (CSI), an NGO concerned with the involvement of children in armed conflict. It has already generated considerabl...
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Voluntary overtime: the beginning of the end of the ray of light

Voluntary overtime: the beginning of the end of the ray of light
By Jacques Algazy QC The judgement of the Northern Ireland Court of Appeal  (“NICA”) in Patterson  v Castlereagh Borough  Council marks the latest stage in the evolution of the case law on the calculation of holiday pay  and the concept of “normal remuneration” for the purpose of reckoning the appropriate entitlement. The Northe...
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Peripatetic workers get a lift (home)

Peripatetic workers get a lift (home)
By Sally Cowen The Advocate General gave an opinion last week, stating that the time taken by peripatetic employees travelling to and from their first/last appointments to home should have that time considered as ‘working time’ under Article 2 of 2003/88/EC Directive ( Federación de Servicios Privados del sindicato Comisiones Obreras Case C-266/14 ...
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Using the Protection from Harassment Act in the employment field

Using the Protection from Harassment Act in the employment field
Akua Reindorf and David Massarella discuss how the Protection from Harassment Act 1997 is a flexible tool which can be used by employment practitioners in situations that the more familiar harassment provisions in the Equality Act 2010 cannot cover. It was originally created to target stalkers, but the definition of 'harassment' within the PHA is b...
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PIP disability benefits delay unlawful

PIP disability benefits delay unlawful
Sally Robertson considers the ruling in  R (Ms C & Mr W) v Secretary of State for Work and Pensions [2015] EWHC 1607 (Admin). On 5 June, Mrs Justice Patterson in the Administrative Court ruled that the Department for Work and Pensions’ delay in delivering Personal Independence Payments (PIP) to two claimants was unlawful.   PIP was in...
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SPLash (advice on shared parental leave) website now LIVE

SPLash (advice on shared parental leave) website now LIVE
By Claire McCann An alliance of organisations with expertise in employment law and issues affecting parents at work have created SPLash, a website dedicated to providing advice on the new rights relating to shared parental leave.  The legislation governing these rights can be complex to navigate and SPLash hopes to provide much needed clarific...
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Professional discipline and the right of appeal

Professional discipline and the right of appeal
By Adam Ohringer Appeals against many professional disciplinary tribunals lie to the High Court. CPR PD 52D lists the bodies over which the court exercises a supervisory role. Through what could only have been an oversight, the list omits appeals against decisions taken by the Secretary of State for Education in respect of teachers under s.141B of ...
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The CJEU confirms meaning of “establishment”

The CJEU confirms meaning of “establishment”
By Jacques Algazy QC & Claire McCann In the Woolworths  case, the CJEU has confirmed that under the EU Directive on Collective Redundancies an employer’s obligations are triggered in respect of the single employing unit to which the affected employees are assigned and has declined to deal with the question of vertical direct effect. Backgr...
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Griffin v Plymouth Hospital NHS Trust [2014] EWCA Civ 1240

Griffin v Plymouth Hospital NHS Trust [2014] EWCA Civ 1240
The President of the Employment Tribunals, Judge Brian Doyle, has announced that the Compensation for Loss of Pension Rights Booklet (“the Guidance”) has been withdrawn from the Ministry of Justice website, however the underlying approaches in the Guidance remain valid. The decision follows Underhill LJ’s comments in Griffin v Plymouth Hospitals NH...
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Embedded communications and protected disclosures: the law following Barton v Royal Borough of Greenwich

Embedded communications and protected disclosures: the law following Barton v Royal Borough of Greenwich
By Rajiv Bhatt In the recent case of Barton v Royal Borough of Greenwich UKEAT/0041/14/DXA (in which the respondent was represented by Cloisters’ barrister Sheryn Omeri ) the claimant came to find out that his line manager had emailed documents which contained personal data to what he thought was her unsecured home email address.  He considere...
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Gay police officer PC Dan Lichters wins discrimination claim against the Metropolitan Police

Gay police officer PC Dan Lichters wins discrimination claim against the Metropolitan Police
The Metropolitan Police has again lost a major discrimination claim brought against it by a serving officer. Akua Reindorf represented PC Lichters in his claim for direct sexual orientation discrimination, harassment and victimisation. The Met's beleaguered Fairness at Work (FAW) grievance procedure was also criticised for failing to provide any me...
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Radio 4 Unreliable Evidence: Clive Anderson asks Sarah Fraser Butlin what law can do for the gender pay gap

Radio 4 Unreliable Evidence: Clive Anderson asks Sarah Fraser Butlin what law can do for the gender pay gap
In “Unreliable Evidence”, broadcasted on BBC Radio 4 on 13 May 2015, Clive Anderson and a panel of senior legal experts discussed the apparent failure of the Equal Pay Act 1970 to bridge the gender pay gap.  Amongst those taking part was Cloisters barrister,Vice Chair of the Industrial Law Society and Cambridge academic Sarah Fraser Butlin who...
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British Gas appeals against inclusion of commission in holiday pay in Lock

British Gas appeals against inclusion of commission in holiday pay in Lock
By Chesca Lord Last week, Eversheds announced that their client British Gas had lodged an appeal against the recent Employment Tribunal Judgment in Lock v British Gas . Eversheds stated that the appeal is on the following two grounds: “ 1. Commission and non-guaranteed overtime are dealt with under different provisions, which use different language...
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Everyday sexism – from pregnancy to maternity and beyond

Everyday sexism – from pregnancy to maternity and beyond
By Sally Robertson Is it OK at a job interview to ask a woman about her childcare plans?  The Guardian published the wrong answer from its workplace agony uncle, Jeremy Bullmore, last Saturday in http://bit.ly/1EZICkd . From her perspective as a working mother and former ‘Dear Jeremy’ columnist, Ruth Cornish gave a much better answer in her bl...
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Five Cloisters' Silks join 22 QC panel to update on Hot Employment Issues for 2015-2016

Five Cloisters' Silks join 22 QC panel to update on Hot Employment Issues for 2015-2016
Five Cloisters' Silks are on the panel of 22 leading Queen’s Counsel at the 22 Silk - Hot issues in Employment Law 2015-2016  conference devised and chaired by Michael Rubenstein. Robin Allen QC ,   Daphne Romney QC ,   Jason Galbraith-Marten QC , Caspar Glyn QC and Rachel Crasnow QC will be part of the expert panel who will update d...
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When do collective redundancy consultations rules apply to a chain of shops?

When do collective redundancy consultations rules apply to a chain of shops?
  USDAW v Woolworths C-80/14 By Declan O'Dempsey Today the CEJU handed down its judgment on C‑80/14 Union of Shop, Distributive and Allied Workers (USDAW) , B. Wilson v WW Realisation 1 Ltd, in liquidation , Ethel Austin Ltd , Secretary of State for Business, Innovation and Skill s.  Since the Advocate General’s Opinion in [5/2/15] the ex...
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Caspar Glyn QC and Tom Brown succeed in appeal for University College Union: collective consultation duty applies to fixed-term employees

Caspar Glyn QC and Tom Brown succeed in appeal for University College Union: collective consultation duty applies to fixed-term employees
University and College Union v University of Stirling When are proposed dismissals for reasons not related to the individuals concerned? This is the question that employers, trade unions and Employment Tribunals must address when considering whether an employer is obliged to consult about collective redundancies, because it is only when a dismissal...
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First toe in the water of ‘ In The Public Interest’

First toe in the water of ‘ In The Public Interest’
Chestertons v  Nurmohammed By Daphne Romney QC In order to qualify as a protected disclosure, a disclosure must be a qualifying disclosure, namely that it must fall within the categories listed in section ERA 1996 43B(1) as inserted by the Public Interest Disclosure Act 1998, and now re-amended by the Enterprise and regulatory reform Act 2013....
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Cloisters responds to public consultation by the European Commission on its review of the Working Time Directive

Cloisters responds to public consultation by the European Commission on its review of the Working Time Directive
A team of four Cloisters’ barristers, Claire McCann , Olivia Dobbie , Sian McKinley and Chesca Lord , have co-written a response to the public consultation by the European Commission in connection with its review of the Working Time Directive.  The consultation was announced in December 2014 and concluded on 18 March 2015.  Here is a...
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Holiday Pay Claims: the end of the beginning? Or the beginning of the end?

Holiday Pay Claims: the end of the beginning? Or the beginning of the end?
Caspar Glyn QC and Daniel Dyal On Monday 13 April 2015, Caspar Glyn QC and Daniel Dyal will address the Employment Lawyers Association in an evening training session in London on the hot topic of holiday pay. Here are a few tasters of the issues they will discuss and links to some of the source materials: -       ...
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Cloisters unites with key family rights groups to raise awareness on shared parental leave and pay

Cloisters unites with key family rights groups to raise awareness on shared parental leave and pay
by Claire McCann Cloisters has joined Your Employment Settlement Service(YESS) Law, Maternity Action and Working Families to produce and disseminate vital information on the complex rights associated with shared parental leave which may be taken in respect of babies due to be born on or after 5 April 2015.  The shared parental leave regime is ...
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Whistleblowing: How to fight and win under the new law

Whistleblowing: How to fight and win under the new law
Cloisters’ barrister Caspar Glyn QC and former Chair of the Industrial Law Society will give a talk on Whistleblowing at the Radisson Edwardian Hotel, Free Trade Hall in Manchester on 28 April 2015 at 6pm. Caspar will analyse the changes following the biggest shake-up to whistleblowing legislation in 2013 and will predict how the courts w...
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Holiday Pay Claims: The beginning of the end? Or merely the end of the beginning?

Holiday Pay Claims: The beginning of the end? Or merely the end of the beginning?
Cloisters barristers,  Caspar Glyn QC and Daniel Dyal , will conduct an evening seminar for the Employment Lawyers Association (ELA) on the topic of  Holiday Pay Claims on Monday 13 April 2015 at the Royal College of Surgeons, Lincoln's Inn Fields. London Their talk will analyse where we are, suggest where we are going and ...
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Clarkson, the BBC and employer’s liability

Clarkson, the BBC and employer’s liability
 By  Jason Galbraith-Marten QC  and Rachel Crasnow QC Tony Hall, the BBC’s Director General, announced on 25 March that Jeremy Clarkson's contract will not be renewed after an "unprovoked physical attack" on a Top Gear producer, Oisin Tymon. It is widely reported that Mr Clarkson has hired lawyers, presumably to advise him about his ...
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From Luxembourg to Leicester

From Luxembourg to Leicester
Judgment of the Employment Tribunal in Lock v British Gas (25 March 2015) Commission payments should be included in holiday pay, according to Leicester ET By Adam Ohringer When Lock v British Gas [2014] ICR 813 was considered by the Court of Justice of the European Union (“CJEU”) the principle behind the calculation of holiday pay appeared clear: “...
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Three Cloisters’ barristers elected on Industrial Law Society’s executive committee

Three Cloisters’ barristers elected on Industrial Law Society’s executive committee
Chambers is delighted to congratulate Sarah Fraser Butlin who was elected  Vice Chair of the Industrial Law Society at its recent elections. She is joined by Anna Beale who is the newly elected Secretary and Declan O’Dempsey on the executive  committee. Sarah Fraser Butlin is  and employment specialist ‘noted for her strength at appe...
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Rachel Crasnow QC and Yvette Genn speak at Law Management Section HR forum

Rachel Crasnow QC and Yvette Genn speak at  Law Management Section HR forum
Cloisters barristers Rachel Crasnow QC and Yvette Genn are invited to speak at the Law Society’s Law Management Section HR Forum on Tuesday 24 March 2015. Rachel’s talk will cover gender and diversity highlighting issues of: Equal pay – spotlight on law firms Equalising pay Gender and diversity balance – practical steps Yvette will talk about flexi...
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Terri Paddock wins unfair dismissal claim against WhatsOnStage

Terri Paddock wins unfair dismissal claim against WhatsOnStage
If WhatsOnStage recommended you a play about a woman sacked for sexual harassment of another woman at the Office Christmas Lunch, even though the alleged victim had never made a complaint, you might have thought it sounded too far-fetched. Sadly for Terri Paddock, its well-known Managing Director, it was all too true. Two days after the lunch Ms Pa...
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Injury to feelings awards are exempt from tax – new EAT decision 5 March 2015

Injury to feelings awards are exempt from tax – new EAT decision 5 March 2015
By Will Dobson I have previously blogged on the question of whether awards for injury to feelings are taxable in the context of settlement agreements: (see link ) The EAT (presided over by Singh J) in Timothy James Consulting Ltd v Wilton concluded that awards for injury to feelings are exempt from tax. In doing so, it declined to follow the First ...
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Rachel Crasnow QC to speak at the Industrial Law Society's One Day Spring Conference -Saturday 25 April 2015

Rachel Crasnow QC to speak at the Industrial Law Society's One Day Spring Conference -Saturday 25 April 2015
Rachel Crasnow QC , Cloisters barrister, is to speak on the topic of " Fighting for Adjustments: twenty years of the DDA" at the ILS One Day Spring Conference which continues to deal with the cutting edge legal issues that affect the worker; from all sides of the debate.  Line-up of speakers include Sir Brendan Barber, Chair of ACAS ...
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Debunking banking

Debunking banking
Do you know what 'derivatives' means? ...or  'FOREX'...or 'futures'...or  'positions'?  No? Then you are not alone and all will be explained at an informal briefing in the famous Dispensary on the 19th March between 2.30pm - 4.30pm at Leman Street London E1 when Cloisters employment barrister,   Jason Galbraith-Marten QC , ...
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Whistle-blower doctor challenges MOD over sacking by text

Whistle-blower doctor challenges MOD over sacking by text
Cloisters' barrister Schona Jolly appears for whistle-blower, Dr Stephen Frost, who was fired by text after requesting a police investigation into the dispensing of morphine sulphate tablets at an army base near Blackpool. Dr Frost, who has been granted leave to challenge the MOD at the Employment Tribunal, claims he was not told why his contract w...
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Disclosure – pulling your head out of the sand

Disclosure – pulling your head out of the sand
In this article Cloisters' barrister  Paul Epstein QC comments on what disclosure actually means and what the obligations are in the Employment Tribunal. He discusses the different types of disclosure, the new CPR test and what parties need to do.   1. What is disclosure? An obvious point, really, but sometimes little appreciated. To a pu...
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Is promise to double length and rate of paternity leave effective?

Is promise to double length and rate of paternity leave effective?
Cloisters' barrister Rachel Crasnow considers Labour party’s announcement on 9 February that a future Labour government would double paternity leave to four weeks and also double the current rate of paternity pay. The aim is to ensure the money available is as good as the national minimum wage. The current eligibility is for two weeks’ paternity le...
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Rachel Crasnow to talk on pregnancy and maternity leave issues to the Employment Lawyers Group NI

Rachel Crasnow to talk on pregnancy and maternity leave issues to the Employment Lawyers Group NI
  Cloisters barrister, Rachel Crasnow, is to speak on pregnancy and maternity rights at the Employment Lawyers Group NI seminar in Belfast on 11 February 2015. The venue: Old Bar Library, Royal Courts of Justice, Belfast. Time: 1pm – 2pm (arrival at 12.30pm for 1pm start). To register for this seminar go to:   ELG Employment Lawyers ...
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Shared parental rights and discrimination

Shared parental rights and discrimination
The new shared parental leave and pay rights are now in force and employers will be taking steps to introduce policies to comply. Cloisters employment law barristers, Sian McKinley and Robin Allen QC , explain how employers will have to rethink their approaches to maternity and parental leave to avoid claims of sex discrimination. The Shared Parent...
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The Deduction from Wages (Limitation) Regulations 2014

By Daniel Dyal and Chesca Lord

Following the decision of the Employment Appeal Tribunal in Bear Scotland, the Government announced that it would set up a task force to mitigate the impact of the decision on businesses. This has culminated in The Deduction from Wages (Limitation) Regulations 2014

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Carrying over annual leave and back-pay: Sash Window Workshop Ltd v King

By Daniel Dyal

Introduction

In Sash Window Workshop v King theEmployment Appeal Tribunal returned to two of the central controversies in recent holiday pay case-law. Firstly the right to carry annual leave entitlement over from one leave year to the next. Secondly the right to claim back pay for untaken leave in historic leave years, particularly upon the termination of employment.

 In this blog Daniel Dyal unpicks what Sash Windows decided, considers some of its implications and suggests an alternative approach to some of the reasoning.

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Does the fact that a claim is one of whistleblowing rather than ordinary unfair dismissal matter when you’ve got to think about territoriality?

By Sarah Fraser Butlin

The simple answer is no.

In a case with both sides represented by Cloisters barristers, the President of the EAT (himself the ex-Head of Chambers) held that the test is exactly the same. The fundamental basis for an unfair dismissal claim lies in section 94. There is no reason for the automatic nature of the dismissal in s103A to modify the approach to territoriality.

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Voluntary overtime and holiday pay: a ray of light for employers?

By Daniel Dyal If a worker undertakes voluntary overtime, should that be taken into account when calculating their holiday pay? That is one of the most topical questions for employment lawyers. In Patterson v Castlereagh Borough Council   , an Industrial Tribunal in Northern Ireland has answered the question in the negative, holding that volun...
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What does Duty of Candour mean for employers?

By Dee Masters and Sian McKinley So far, commentators have focused on the interplay between clinical negligence law and the Duty of Candour. But the latest requirements also have important repercussions for those in regulated professions such as doctors and nurses and their employment relationships. In this article, we look at steps which employers...
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Reasonable adjustments and comparators - why simple is not necessarily right

You have a claim for breach of the duty to make reasonable adjustments? Well, that’s simple isn’t it? No, not at all. Sarah Fraser Butlin and Rachel Crasnow explore the issues in reasonable adjustments claims and particularly the difficult comparator point which is raising its ugly head again. Very often when we are considering a claim for breach o...
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Age Discrimination, Collegiality and Leaver Provisions

Characterising ex-employees as “good” or “bad” leavers under bonus schemes is common in the commercial sector.  Traditionally, employees who retire are classified as “good leavers” giving them access to generous financial payments. The difficulty for organisations is that rewarding retirees is, on its face, age discrimination requiring justifi...
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Holiday pay…CJEU confirms UK’s historic approach limiting to basic pay has been wrong

The CJEU (Court of Justice of the European Union) has today has handed down its decision in Lock v British Gas . The decision confirms that Mr Lock’s holiday pay must include an element to represent the ‘commission’ he would have earned had he been at work for British Gas (rather than on holiday): “ Article 7(1) of Directive 2003/88 must be in...
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Flexible working opened up to all – will it make a difference?

Today, 30 June 2014, flexible working requests can now be made by all. Previously the statutory right was only enjoyed by parents of children under the age of 17 (or 18 if the child is disabled) and certain carers. There has been much press in relation to the issue but will it actually make any difference? Anecdotally, many employees and employers ...
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Whistleblowing law a ‘nudge’ in the right direction

On 25 June 2014, the Government concluded its response to the whistleblowing consultation which it started last year.  In “ Whistleblowing Framework Call For Evidence: Government Response ” it set out the following 9 recommendations that will be taken forward Improved Guidance being given for individuals; Some best practice guidance/non-statut...
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Reforming the Right to Strike in the Digital Age

On 10 July over 1 million public sector workers went on strike across the UK. Almost immediately and inevitably debate polarised between those who see the right to strike as a fundamental freedom and those who see strikes as an inconvenience that must be restricted by legislation. One of the loudest voices from the latter camp was the Prime Ministe...
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