The Latest from Cloisters

News, Publications, Policies, Events and Blogs

Trafficking victim awarded High Court damages in minimum wage and harassment claims

Legal-statue
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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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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The end of the ‘sex taint’ argument in equal pay: McNeil v Commissioners for HM Revenue and Customs

Equality Act
Robin Allen QC and Anna Beale consider the implications of the EAT’s decision in McNeil v Commissioners for HM Revenue and Customs [ 1] , one of the first appellate cases to consider what is required to show “particular disadvantage” in an equal pay claim based on indirect discrimination under the Equality Act 2010. Previous formulations of the tes...
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Time Limits under the Human Rights Act 1998: what is a “course of conduct”?

Anna Beale discusses the Supreme Court’s interpretation of the time limit provisions contained in the Human Rights Act 1998 in O’Connor v Bar Standards Board [2017] UKSC 78 The Statutory Provisions As will be known to most readers, the Human Rights Act 1998 (‘HRA 1998’) provides, in section 7(5)(a), that any proceedings brought against a public aut...
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Not all in the family: migrant domestic worker who had to “pay” for accommodation and food wins minimum wage claim.

ABE-and-NC
In a minimum wage claim, brought by a migrant domestic worker, the High Court has addressed the “family worker” exemption found in the National Minimum Wage Regulations 2015, specifically the provision relating to “deductions” in respect of accommodation and meals. Nathan Roberts considers the case and the trap the Defendants set for themselves. An...
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Sleep-in workers revisited: a multi-factorial approach to eligibility for the minimum wage

Sleep-in workers revisited: a multi-factorial approach to eligibility for the minimum wage
Anna Beale considers the most recent guidance from the EAT on the vexed question of whether workers should receive the minimum wage for “sleep in” shifts. Keen readers of this site may recall my critical blog on the EAT decision in Shannon v Rampersad . In that case, HHJ Peter Clark decided that an ‘on call night care assistant’ in a residential ho...
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No “reason why”: Essop and Naeem in the Supreme Court

No “reason why”: Essop and Naeem in the Supreme Court
Robin Allen QC and Anna Beale consider the latest case on indirect discrimination and ask the pressing question: are equal pay cases suddenly significantly easier for Claimants? The Supreme Court has today handed down judgment in the cases of Essop and others v Home Office (UK Border Agency) and Naeem v Secretary of State for Justice . The judgment...
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Certainty for all: a plea to the Taylor Review by Caspar Glyn QC, Anna Beale & Nathaniel Caiden

Certainty for all: a plea to the Taylor Review by Caspar Glyn QC, Anna Beale & Nathaniel Caiden
In November 2016, the government commissioned a review of modern employment practices. It is being led by Matthew Taylor and will focus on what has become known as the “gig economy”. In this blog, we summarise our written evidence to that review. Our central plea was that our legislators provide certainty for all. In our view this can best be achie...
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Cloisters barristers ranked in the UK Bar: Labour and Employment 2017

Cloisters barristers ranked in the UK Bar: Labour and Employment 2017
Who’s Who Legal has identified Cloisters as a leader in its field.  It endorsed 13 barristers at the junior level making Cloisters the most endorsed chambers in this category. Two silks and four juniors were also ranked in the highly rated category. Cloisters is pleased and delighted that our legal experts have been recognised for their work i...
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Written submission to House of Commons Business, Energy and Industrial Strategy Committee inquiry

Written evidence from Caspar Glyn QC, Anna Beale and Nathaniel Caiden   Authors This submission has been prepared by Leading Employment silk, Caspar Glyn QC [1] , and Leading Employment Juniors Anna Beale [2] and Nathaniel Caiden [3] . Our conclusions to the questions posed follow: and then our reasons. Conclusion Question 1 Those who provide ...
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Neurological causation and Chester v Afshar principles considered: Crossman v St George’s Healthcare NHS Trust [ 2016] EWHC 2878 (QB)

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

Cloisters’ Diversity Data
In accordance with the BSB Equality Rules, Cloisters has gathered diversity data from its members and staff.  The data has been collated and is now published in these tables . Almost all members of chambers’ workforce provided their diversity data and consented to its publication. We therefore have a representative data set across the groups w...
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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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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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EU anti-discrimination law: ten "easy" steps to disapplying inconsistent national provisions

EU anti-discrimination law: ten "easy" steps to disapplying inconsistent national provisions
Anna Beale looks at recent guidance from the CJEU in the context of age discriminatory provisions of Danish domestic law in Rasmussen . A constant theme in EU law is the extent to which EU provisions can be relied upon by domestic courts to interpret or disapply domestic law.  The case of Dansk Industri v Estate of Karsten Eigil Rasmussen ( C-...
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Proving discrimination: The shifting burden of proof and access to evidence

Proving discrimination: The shifting burden of proof and access to evidence
Anna Beale was invited to speak at the Academy of European Law in Trier, Germany, on the shifting burden of proof and access to evidence in European discrimination law. Her podcast examines the way in which EU law has sought to alleviate the difficulties faced by claimants in discrimination claims – see the link below: http://www.era-comm.eu/anti-d...
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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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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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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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Advocate General rejects UK challenge to EU legislation capping bankers’ bonuses

Advocate General rejects UK challenge to EU legislation capping bankers’ bonuses
By Anna Beale In an Opinion delivered today, [1] Advocate General Jääskinen has rejected the UK’s challenge to the provisions in the EU’s “Capital Requirements” legislation (comprising Directive 2013/36/EU and Regulation (EU) No 575/2013) which purport to regulate the amount of bankers’ bonuses and promote greater transparency in relation to remune...
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With the right to give notice of intention to share parental leave fast approaching, Anna Beale unravels the complexities of the new shared parental leave legislation

Important new rights for parents to effectively share the mother’s maternity leave are due to come into force in respect of babies due on or after 5 th April 2015. This may seem some way off at present, but employers should be aware that employees will be able to give notice of their intention to share parental leave in respect of such children fro...
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