The Latest from Cloisters

News, Publications, Policies, Events and Blogs

Court of Appeal in Mencap: The end of minimum wage for sleep-ins when asleep?

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

News-papers
The Court of Appeal handed down judgment this morning in the combined appeals of in Royal Mencap Society v Tomlinson-Blake and Shannon v Rampersad (full judgment available here ). In the sole judgment, Lord Justice Underhill has overturned a substantial body of case law and found that “sleep-in” residential care workers are only entitled to the Nat...
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Newcastle upon Tyne Hospitals NHS Foundation Trust v Haywood [2018] UKSC – what are the implications of the Supreme Court’s judgment?

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Nathaniel Caiden considers today’s Supreme Court judgment in Newcastle upon Tyne Hospitals NHS Foundation Trust v Haywood [2018] UKSC  in which Caspar Glyn QC and Tom Brown successfully represented Mrs Haywood. Today’s Supreme Court judgment has identified a standardised implied term when giving written notice of dismissal (i.e., a term implie...
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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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Four leading Cloisters silks will be speaking at the renowned 22 QCs conference

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Four leading Cloisters silks talk on a wide range of hot topics at the renowned 22 QCs conference on the key employment law issues for 2017-18. The conference will take place on 5th and 6th October 2017 at Strand Palace Hotel, Central London. This two day conference promises to be the event of the year for anyone advising on employment or disc...
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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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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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5 Cloisters QCs to speak at Michael Rubenstein’s Autumn Hot Employment Law Issues

5 Cloisters QCs to speak at Michael Rubenstein’s Autumn Hot Employment Law Issues
Cloisters barristers  Daphne Romney QC ,  Caspar Glyn QC ,  Jason Galbraith-Marten QC ,  Rachel Crasnow QC and Schona Jolly QC will be speaking at the Michael Rubenstein Hot Topics in Employment 2017/8 Conference on 5th- 6th October.  Day One features Schona Jolly QC  on  religious discrimination in the workp...
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Caspar Glyn QC and Rachel Barrett to represent claimant in a courier case against Excel

Caspar Glyn QC and Rachel Barrett to represent claimant in a courier case against Excel
Cloisters has been at the forefront of the recent litigation concerning the “gig economy”. Caspar Glyn QC and Rachel Barrett are representing a cycle courier, Andrew Boxer, who is suing Excel with the support of  the Independent Workers Union of Great Britain. Due to its importance it has received press coverage . Mr Boxer asserts that he is a...
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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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Adesokan v Sainbury's

Adesokan v Sainbury's
Caspar Glyn QC considers the Court of Appeal’s judgment today that an employee can be summarily dismissed for negligence and that a wrongfully dismissed employee cannot normally maintain an ongoing claim for wages. A short but important case from the Court of Appeal was released today. Given the Art 50 decision of the Supreme Court it was a good da...
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Cloisters beats Littleton Chambers in the EAT rankings

Cloisters beats Littleton Chambers in the EAT rankings
Today, The Lawyer announces that Cloisters ranks top in the EAT rankings. Cloisters made 61 appearances in total whilst Littleton Chambers made 59 and Old Square Chamber made 50. Overall, all three chambers accounted for 28 per cent of all chambers' appearances. The remaining chambers such as Outer Temple Chamber made 38 appearances, 11 King’s Benc...
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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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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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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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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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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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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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Caspar Glyn QC secures Will Chudley’s appearance in Saturday’s Premiership Final

Caspar Glyn QC secures Will Chudley’s appearance in Saturday’s Premiership Final
Caspar Glyn QC successfully represented Exeter Chief’s scrum half, Will Chudley, for a citing hearing on Tuesday 24 May. Mr Chudley was the Man of the Match in the Chief’s victory over Wasps in the Semi Finals and has been ever present in the team this season. He was cited for allegedly kicking Joe Launchbury contrary to the laws of the game. It wa...
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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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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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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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Cloisters' barristers join 343 lawyers in criticising UK’s “deeply inadequate” response to refugee crisis

Cloisters' barristers join 343 lawyers in criticising UK’s “deeply inadequate” response to refugee crisis
Cloisters’ barristers, Sir Stephen Sedley , Robin Allen QC , Patricia Hitchcock QC , Caspar Glyn QC  and Schona Jolly  are among 343 lawyers who have signed a statement attacking the government for its "deeply inadequate" response to the Syrian refugee crisis. The signatories include the most senior ranks of the retired judiciary. Sir Ste...
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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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Caspar Glyn QC represents claimant in sex discrimination case against World Snooker

Caspar Glyn QC represents claimant in sex discrimination case against World Snooker
Caspar Glyn QC represented Michaela Tabb, a high profile former referee, in her claim against World Snooker for sex discrimination, unfair dismissal and breach of contract. The case Michaela McInnes v World Snooker Ltd settled for an undisclosed sum. For press coverage go to: The BBC Sport: Michaela Tabb court case against World Snooker The Guardia...
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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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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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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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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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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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Paul Epstein QC and Caspar Glyn QC speak at the SJ Live Legal Event

Paul Epstein QC and Caspar Glyn QC speak at the SJ Live Legal Event
Cloisters' silks, Paul Epstein QC and Caspar Glyn QC   jointhe legal professions most respected figures to speak at the Solicitors Journal SJ Live two day legal event on 25 th February 2015 at Canary Wharf, London. Paul’s talk entitled ‘Holiday Pay: Holidays from hell’ will cover holidays and sickness, what is included in the calcula...
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Supreme Court to consider scope of 'collective redundancies'

Supreme Court to consider scope of 'collective redundancies'
Cloisters' barristers, Caspar Glyn QC and Tom Brown , are acting for the University and College Union in an appeal to be heard by the Supreme Court on Wednesday 21 January 2015. Brian Napier QC , also of Cloisters, appears for the Respondent. The case - University and College Union v University of Stirling (Case ID: UKSC 2014/0067) - will consider ...
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Cloisters barrister Caspar Glyn QC comments on proposed law relating to exploited migrant workers

Cloisters barrister Caspar Glyn QC comments on  proposed law relating to exploited migrant workers

Caspar Glyn QC, Cloisters' barrister,  comments to BBC World at One and the BBC on proposed new criminal offences in relation to exploited migrant workers.

For BBC coverage on this go to: BBC news

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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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