The Latest from Cloisters

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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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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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Important principle in whistle-blowing law to be considered by the Court of Appeal

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On Wednesday 13 June 2018 the Court of Appeal will hear the case of Kilraine v London Borough of Wandsworth . Cloisters’ barristers Chris Milsom and Rachel Barrett represent the appellant, Karen Kilraine, who is challenging the decision of the employment tribunal to dismiss her whistle-blowing claim. A key point in the appeal is whether the law dis...
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Job interviews “ripe territory” for maternity discrimination.

Job interviews “ripe territory” for maternity discrimination.
The Equality and Human Rights Commission has today published a new study revealing the extent of maternity and pregnancy discrimination in recruitment. Showing that many businesses’ attitudes are decades behind the law, the survey of 1,106 senior decision makers in business found around a third (36%) of private sector employers agree that it is rea...
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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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Cloisters barristers seek to make new whistleblowing law for judges

Until the case of Gilham v MOJ there was no authority addressing whether judges work under contracts for whistleblowing purposes. DJ Gilham complained of whistle-blowing detriment to the ET after she made protected disclosures at Warrington county court about workplace pressures and potential courtroom dangers to civil judges in the light of &...
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Legal Words on the rights of disabled students from Chris Milsom

Legal Words on the rights of disabled students from Chris Milsom
Chris Milsom has appeared in the Lexis Nexis Legal Words series which invites lawyers and judges to consider important legal developments in a wide array of fields. He discusses the landmark case of Jagoo v Bristol City Council concerning the student exemption on the payment of council tax for disabled students. Interviewed by Alex Heshmaty, C...
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Court of Appeal raises prospect of whistleblowing protection for 54,000 Junior Doctors

Court of Appeal raises prospect of whistleblowing protection for 54,000 Junior Doctors
The Court of Appeal has handed down its decision in Day v Lewisham NHS Trust & Health Education England in which Chris Milsom acted for the successful appellant. The case concerns the status of the relationship between Dr Day (and indeed all 54,000 junior doctors in the UK)  and Health Education England (HEE) who interviews, deploys and ma...
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Court of Appeal to hear landmark appeal on whistleblowing protection for junior doctors

Court of Appeal to hear landmark appeal on whistleblowing protection for junior doctors
The Court of Appeal will hear the landmark appeal of Dr Chris Day on 21 March 2017 in which Public Concern at Work has been granted leave to intervene. Dr Day is being represented by Cloisters’ Chris Milsom.  Dr Day argues that 54,000 junior doctors deployed in NHS Trusts by Health Education England (HEE) should be regarded as workers of HEE u...
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Radio 4's PM interviews Chris Milsom on the Court of Appeal's decision in Pimlico Plumbers v Smith

Radio 4's PM interviews Chris Milsom on the Court of Appeal's decision in Pimlico Plumbers v Smith
Chris Milsom appeared on Radio 4’s PM to discuss the decision of the Court of Appeal in Pimlico Plumbers v Smith and its implications on employment status in the gig economy. Chris explains that PP is just one illustration of a wider issue but is nonetheless a welcome instance of ensuring that those who are in a position of economic subordination e...
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Speaking Up – Whistleblowing in the NHS

Speaking Up – Whistleblowing in the NHS
Dr Chris Day features in the BBC Radio Four Documentary File on Four Speaking Up – Whistleblowing in the NHS. Dr Day contends that there is a lack of protection for 43,000 junior doctors whose career progression is governed by the supervising body Health Education England. The Court of Appeal is due to hear the matter in March 2017 by way of an exp...
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BBC Sussex Radio interviews Chris Milsom on the protection disabled people accessing public transport

BBC Sussex Radio interviews Chris Milsom on the protection disabled people accessing public transport
Chris Milsom , one of our experts in discrimination law, featured on BBC Sussex Radio exploring the protection disabled people accessing public transport. This followed high-profile instances of disabled people facing disadvantage in public transport including most recently Mrs Sandra Nighy, a wheelchair user left to wait 2 hours for a taxi until m...
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Deposit Orders: Not to be used as a “strike out through the back door”

Deposit Orders: Not to be used as a “strike out through the back door”
Chris Milsom succeeds before the EAT in Hemdan v Ishmail & Ors in an important case about the appropriate amount of a deposit order against someone who has very low means to pay. Navid Pourghazi discusses the case .   The facts The Claimant, who was a victim of trafficking, claimed that she had been employed in circumstances that amounted ...
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The Immigration Act and the “Fluency Duty” for Public Sector Workers: Speaking in Tongues?

The Immigration Act and the “Fluency Duty” for Public Sector Workers: Speaking in Tongues?
What steps are employers expected to take to comply with the Public Sector English Language Requirement? And how do they avoid discrimination challenges in the process? In its 2015 manifesto the present Government pledged the safe and high quality delivery of public services by ensuring that they are provided to an appropriate standard of fluency i...
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Is gender segregation in education discriminatory?

Is gender segregation in education discriminatory?
Rachel Barrett and Chris Milsom discuss the recent case of Interim Executive Board of X School v Chief Inspector of Education, Children's Services and Skills [2016] EWHC 2813 (Admin) in this blog. A copy of the judgment is available here . Many of us might instinctively think that the answer to the opening question would be ‘yes’. After all, in 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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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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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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Disappointment for victims of trafficking

Disappointment for victims of trafficking
Schona Jolly considers what comes next after the Supreme Court rejects the race discrimination claim in Taiwo v Olaigbe and Onu v Akwiwu “The mistreatment of migrant domestic workers by employers who exploit their employees’ vulnerable situation is clearly wrong”, stated Lady Hale at the start of a judgment which will come as a real disappointment ...
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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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Remedy in Tirkey v Chandhok

Remedy in Tirkey v Chandhok
By Tamar Burton The liability judgment in Tirkey v Chandhok  caught the attention of many legal commentators after the Employment Tribunal awarded Mrs Tirkey £183,773.53 for her National Minimum Wages claim alone. [Click  here  for Cloisters' blog on liability judgment.]  On 4 December 2015 the Employment Tribunal handed down it...
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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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EAD Solicitors and Ors v Abrams: Equality for all “Persons?”

EAD Solicitors and Ors v Abrams: Equality for all “Persons?”
Chris Milsom considers the recent EAT Judgment which decides that a limited company can sue for discrimination under the Equality Act 2010 below: In this month’s Employment Law Association Briefing ( Blurred Lines? ‘Association’, ‘Direct’ and ‘Indirect’ following CHEZ ) I addressed the controversial decision on associative discrimination of CHEZ Ra...
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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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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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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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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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Seven members appointed to the Equality & Human Rights Commission Panel of Preferred Counsel

Seven members appointed to the Equality & Human Rights Commission Panel of Preferred Counsel
All Cloisters' employment specialists are experts in the area of  E quality Law , so we are delighted to announce that seven of its members have been appointed to the Equality and Human Rights Commission’s (EHRC) new Panel of Preferred Counsel.  They are: Robin Allen QC ;  Paul Epstein QC  ;  Declan O’Dempsey ;  Cather...
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Blackwood v Birmingham: Neither the Time nor the Placement

Blackwood v Birmingham: Neither the Time nor the Placement
By Chris Milsom In Blackwood v Birmingham and Solihull Mental Health NHS Foundation Trust UKEAT/0130/14 the EAT was faced with a jurisdictional issue which is of practical importance but is somewhat bereft of appellate guidance. Since the CA is due to hear an appeal in July 2015, the decision is still in a state of flux. B was a single mother and u...
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Is caste discrimination barred under the Equality Act?

Is caste discrimination barred under the Equality Act?

The Employment Appeal Tribunal has reserved its decision in the case of Chandhok v Tirkey concerning whether caste-based discrimination is prohibited under the Equality Act 2010.

Christopher Milsom, who appeared at first instance, led Tamar Burton in the first case heard by the EAT concerning caste-based discrimination. The Equality and Human Rights Commission was granted permission to intervene.

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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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Why UK whistle-blowing protection laws don’t always apply to those who blow the whistle overseas

Why UK whistle-blowing protection laws don’t always apply to those who blow the whistle overseas

Smania v Standard Chartered

This EAT case concerns the territorial scope of whistle-blowing involving a Claimant a banker working in Singapore for the Respondent.

The Claimant sought to argue that UK whistle-blowing protection applied to him when he made allegations of financial misconduct. The Respondent’s registered office is based in the UK and is regulated by both UK law along and relevant Asian regulation.

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Fair Treatment and Foreseeability: A Game of Two Halves in Yapp v Foreign And Commonwealth Office

By Chris Milsom The setting of the Court of Appeal’s recent decision in Yapp v Foreign and Commonwealth Office [2014] EWCA Civ 1512 may be exotic, but the principles are universal. In upholding the decision of the High Court, the CA has illustrated the potency of the principle of fair treatment in employment. In allowing the FCO appeal, however, it...
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