The Latest from Cloisters

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Ayodele v Citylink: burden of proof orthodoxy restored

Daniel Dyal considers the latest decision of the Court of Appeal on the burden of proof. It was 10.29 am on 10 August 2017 and all employment lawyers were sure they understood how the burden of proof provisions at s.136 Equality Act 2010 worked. It was all about Igen v Wong [2005] ICR 931 with a dash of refinement from Madarassy v Nomura Internatio...
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Daniel Dyal successfully defends teachers’ trade union before the ET in sex discrimination claim

Daniel Dyal successfully defends teachers’ trade union before the ET in sex discrimination claim
In Revely v NASUWT Daniel Dyal  successfully defended the National Association of Schoolmasters and Union of Women Teachers (NASUWT) in sex discrimination proceedings before the employment tribunal in Exeter. The Claimant alleged that there was a discriminatory culture in the union led by one of its Assistant General Secretaries, to which the ...
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Associative Victimisation: Thompson v London Central Bus Company, EAT

Associative Victimisation: Thompson v London Central Bus Company, EAT
By Daniel Dyal In Thompson v London Central Bus Company [2015] UKEAT 0108_15_2007  Mr Thompson claimed that he was victimised because of a protected act. The twist was that he did not do the protected act himself. The protected act was done by another employee with whom, Mr Thompson claimed, management associated him. Mr Thompson was a member ...
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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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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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Clinical Negligence and Personal Injury Round-up: January 2015

Clinical Negligence and Personal Injury Round-up: January 2015

 By Daniel Dyal

With the festive period now a distant memory, it’s time to catch up on some important recent developments. In this blog we round-up recent case law, a few of the key cases members of chambers are involved in and the Ministry of Justice’s response to the court fees consultation.

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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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Carrying over annual leave and back-pay: Sash Window Workshop Ltd v King

By Daniel Dyal

Introduction

In Sash Window Workshop v King theEmployment Appeal Tribunal returned to two of the central controversies in recent holiday pay case-law. Firstly the right to carry annual leave entitlement over from one leave year to the next. Secondly the right to claim back pay for untaken leave in historic leave years, particularly upon the termination of employment.

 In this blog Daniel Dyal unpicks what Sash Windows decided, considers some of its implications and suggests an alternative approach to some of the reasoning.

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Voluntary overtime and holiday pay: a ray of light for employers?

By Daniel Dyal If a worker undertakes voluntary overtime, should that be taken into account when calculating their holiday pay? That is one of the most topical questions for employment lawyers. In Patterson v Castlereagh Borough Council   , an Industrial Tribunal in Northern Ireland has answered the question in the negative, holding that volun...
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