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

Royal-Courts-of-Justice
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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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 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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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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Team Cloisters raises £4890 (plus gift aid) in London legal charity walk

Team Cloisters raises £4890 (plus gift aid) in London legal charity walk
Patricia Hitchcock QC , Tamar Burton , Chesca Lord ,  Tom Brown ,  Jen Danvers , Sally Robertson  and  Rachel Barrett  joined the Lord Chief Justice and thousands of lawyers to raise funds for the London Legal Support Trust, the Free Representation Unit and the Bar Pro Bono Unit. Team Cloisters raised £4890 plus gift aid in...
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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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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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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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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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Holiday pay: What about back pay?

Ahead of this week’s EAT judgment in Bear Scotland Ltd v Fulton and Baxter, Hertel (UK) Ltd v Wood and others and Amec Group Limited v Law and others , employers feared the prospect of crippling retrospective pay claims dating back up to 16 years. Businesses and their representatives breathed a collective sigh of relief upon reading [81], which sai...
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