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Samira Achbita v G4S Secure Solutions NV: a dangerous new concept of direct discrimination

Samira Achbita v G4S Secure Solutions NV: a dangerous new concept of direct discrimination
Declan O’Dempsey considers the opinion of the Advocate General in Case C-157/15 Samira Achbita and Centrum voor gelijkheid van kansen en voor racismebestrijding v G4S Secure Solutions NV . Overview Principles of law should be designed from behind a “veil of ignorance”, not standing on the ramparts of Fortress Europe.  The Advocate General (AG)...
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Cloisters sponsors the Association of University Legal Practitioners’ Conference 2016 on 11 -12 April 2016

Cloisters sponsors the Association of University Legal Practitioners’ Conference 2016 on 11 -12 April 2016
Cloisters is proud to co-sponsor this year’s annual conference of the Association of University Legal Practitioners (AULP) held at  Cambridge University on 11-12 April 2016. This two-day event promises to be a controversial one. Declan O’Dempsey will speak on how the implications of Prevent Duty placed on higher education bodies under the Coun...
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School attendance awards: a poor lesson in tolerance to disabilities

School attendance awards: a poor lesson in tolerance to disabilities
Declan O’Dempsey and Siân McKinley consider the problems caused by school attendance award schemes. Some schools have started trying to encourage 100% attendance by pupils by having attendance awards schemes.  There are various ways in which a school can do this, and the precise way will be a matter for the school.  However, certain metho...
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Declan O’Dempsey successfully argues that Prison Service sessional teachers are entitled to employment rights

Declan O’Dempsey successfully argues that Prison Service sessional teachers are entitled to employment rights
A Cardiff Employment Tribunal has found that sessional teachers in the Prison Service were employees and therefore entitled to employment rights.  Declan O’Dempsey , acting for Prospect union members, successfully argued (in the case of Betts and Others v Secretary of State for Justice ) that their employment was lawful.  Surprisingly the...
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Qualified but cannot work here? General Teaching Council for Scotland faces recruiting challenge

Qualified but cannot work here? General Teaching Council for Scotland faces recruiting challenge
By Declan O'Dempsey The BBC says former teachers with English teaching qualifications, living in the local military population could be recruited by Moray Council to alleviate staff shortages.  Currently they cannot work because they qualified outside Scotland. The General Teaching Council for Scotland (GTCS) is considering approval of Moray’s...
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Declan O'Dempsey to chair panel of experts at Annual Human Rights Conference

Declan O'Dempsey to chair panel of experts at Annual Human Rights Conference
Declan O’Dempsey is chairing a panel of equality experts at the 17 th Annual Human Rights Law Conference (2015) at Church House London.  The 17th annual conference will examine a broad range of topical human rights issues, and key legal experts will interpret and discuss recent case law and legislative developments. Declan will be delivering a...
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Proportionality and Data Protection

Proportionality and Data Protection
Declan O'Dempsey and Catherine Richmond assess the amount of effort required to respond to a data subject access request: the Information Commissioner goes one way but the courts go another. The Information Commissioner’s Office has never liked the suggestion of the High Court in Ezsias v Welsh Ministers [2007] EWHC B15 (QB) (23 November 2007)...
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Tribunal finds compulsory retirement of cricket umpires at 65 was not age discrimination

Tribunal finds compulsory retirement of cricket umpires at 65 was not age discrimination
By David Massarella On 13 March 2015 the London Central Employment Tribunal gave judgment in a test case about the right of the England and Wales Cricket Board (‘EWCB’) to dismiss first class umpires (‘FCUs’) at 65.  In Willey and Sharpe v England and Wales Cricket Board it rejected the idea that the EWCB could rely on its stated aim of avoidi...
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Terri Paddock wins unfair dismissal claim against WhatsOnStage

Terri Paddock wins unfair dismissal claim against WhatsOnStage
If WhatsOnStage recommended you a play about a woman sacked for sexual harassment of another woman at the Office Christmas Lunch, even though the alleged victim had never made a complaint, you might have thought it sounded too far-fetched. Sadly for Terri Paddock, its well-known Managing Director, it was all too true. Two days after the lunch Ms Pa...
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Permission to remove the Lord Chancellor’s foot from public law

Permission to remove the Lord Chancellor’s foot from public law
By Declan O'Dempsey Today (3 March 2015) the Divisional Court gave judgment in Ben Hoare Bell Solicitors & Ors, R (On the Application Of) v The Lord Chancellor [2015] EWHC 523 (Admin).  Four firms of solicitors who provide legal services in public law areas and a charity providing advice, support and services to homeless and badly housed p...
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Retirement of Cricketing Umpires

Retirement of Cricketing Umpires
Cloisters barrister Declan O’Dempsey represented Peter Willey and George Sharp against the English Cricket Board at Central London Employment Tribunal this week. The umpires brought cases, backed by Prospect union , for unfair dismissal and age discrimination when they were forced to retire by the ECB because they were reaching 65.  The ECB sa...
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