The Latest from Cloisters

News, Publications, Policies, Events and Blogs

Whistleblowing. In tune again.

RCJ
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...
Continue reading

Freezing orders in support of employment tribunal proceedings: The European dimension

Adam-Ohringer
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...
Continue reading

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...
Continue reading

The ever-widening scope of vicarious liability

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

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...
Continue reading

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...
Continue reading

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...
Continue reading

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...
Continue reading

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...
Continue reading

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...
Continue reading

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...
Continue reading

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...
Continue reading

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: “...
Continue reading

Cloisters’ Robin Allen QC heads IRLR’s all-time top advocates list

Cloisters’ Robin Allen QC heads IRLR’s all-time top advocates list
Cloisters’ Head of Chambers, Robin Allen QC , is listed as the clear leader in argued cases reported in the Industrial Relations Law Reports’ with 145 appearances reported in IRLR from its inception in 1972 to 2014 as recorded in Equal Opportunities review  January 2015. Cloisters members who are also listed for appearing over 10 times as...
Continue reading

Holiday pay – the great miscalculation

Following the Judgment of the Employment Appeal Tribunal in Bear Scotland v Fulton (UKEATS/0046/13/BI) it is likely that millions of employees have been underpaid their holiday pay. The EAT decided that EU law requires that pay for both guaranteed and non-guaranteed overtime to be taken into account when determining the normal rate of pay to which ...
Continue reading

One teacher two governors?

Since the decision of the Court of Appeal in Murphy v Slough Borough Council [2005] ICR 721 it was believed that employees of schools with devolved budgets could only be disciplined by their schools and not by the local authority.  The recent decision of Supperstone J in Davies v London Borough  of Haringey [2014] EWHC 3393 (QB) challenge...
Continue reading