The Latest from Cloisters

News, Publications, Policies, Events and Blogs

Are new initiatives to tackle age discrimination on their way?

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In this blog, Rachel Crasnow QC considers the recent proposals to reform the Equality Act 2010 outlined by the Women and Equalities Committee in its report concerning Older People and Employment which was published on 17 July 2018. Their proposals were formulated after hearing expert evidence from a range of people including Cloisters’ Dee Masters ...
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Women and Equalities Committee report on Older People and Employment

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On 17 July 2018, the Women and Equalities Committee published its report into Older People and Employment. A copy of the report is available here . It recognises that older people continue to be discriminated against in the workplace and the Equality Act 2010 requires some careful tweaks so as to encourage fuller employment for the over 50’s. These...
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Algorithms, apps & artificial intelligence 2: Can data protection laws be used to challenge discriminatory tech?

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New paper from Cloisters’ Robin Allen QC and Dee Masters examining discriminatory technology. In our first piece , which we initially published in November 2017, we explored the interplay between technology and the Equality Act 2010 (‘ EA 2010 ’) concluding that algorithms, apps and artificial intelligence (‘ AI ’) have the potential to give rise t...
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New paper from Robin Allen QC and Dee Masters: Algorithms, Apps & Artificial Intelligence

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Since publishing their popular blog  Algorithms, Apps & Artificial Intelligence:  The next frontier in discrimination law , Robin Allen QC and Dee Masters have had many enquiries and follow ups both here in the UK and Europe. Yesterday, Wednesday 4th July 2018, they delivered a talk of the same name to the Discrimination Law Asso...
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Algorithms, Apps and Artificial Intelligence: The Next Frontier in Discrimination Law?

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Wednesday 4 July 2018 from 18:00 to 19:30 Robin Allen QC and Dee Masters will jointly deliver a talk on the interplay between technology and discrimination law at an upcoming Practioner Group Meeting at the Discrimination Law Association.  Following the popularity of the their Algorithms, Apps and Artifical Intelligence blog, Robin and Dee wil...
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Is age discrimination keeping older people out of work?

Dee Masters gave oral evidence to the Women and Equalities Committee today (10 January 2018) concerning ways in which the law could be modified so as to improve the recruitment and retention of older workers.  She shared a panel with Christopher Brooks (Senior Policy Manager, Age UK), Elizabeth Prochaska (Legal Director, Equality and Human Rig...
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Algorithms, Apps & Artificial Intelligence: The Next Frontier in Discrimination Law?

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Robin Allen QC and Dee Masters from Cloisters consider the interplay between technology and discrimination law in this article. Overview How often does the media depict the relentless increase in technology as a danger to our  health , our  children  and our  security ?  More recently, commentators have started to identify ...
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Identifying direct discrimination in “proxy cases” after R (on the application of Coll) v Secretary of State for Justice

Identifying direct discrimination in “proxy cases” after R (on the application of Coll) v Secretary of State for Justice
Dee Masters considers the recent Supreme Court decision of R (on the application of Coll) v Secretary of State for Justice [2017] UKSC 40 which was handed down on 24 May 2017.  A copy of the judgment is available here . Overview Coll is compulsory reading for discrimination lawyers. Lady Hale, who provided the leading judgment, examines the ex...
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Robin Allen QC and Dee Masters provide submissions to the United Nations

Robin Allen QC and Dee Masters provide submissions to the United Nations
The United Nation’s Open Ended Working Group (OEWG) is considering a new international instrument in order to protect older people.  It has called for evidence in advance of its Eighth Working Session in July 2017 ( https://social.un.org/ageing-working-group ).  Robin Allen QC and Dee Masters, barristers at Cloisters, have submitted a pap...
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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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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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Cloisters barristers provide evidence on children's rights

Cloisters barristers provide evidence on children's rights
Robin Allen QC and Dee Masters provided written evidence to the Parliamentary Joint Committee on Human Rights concerning the rights of children. They argued that in order to comply with international law, the remit of the Equality Act 2010 should be broadened to protect children and young people from age discrimination in the fields of goods, facil...
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Cloisters’ barristers have made a submission to the UK Parliamentary Joint Committee on Human Rights

Cloisters’ barristers have made a submission to the UK Parliamentary Joint Committee on Human Rights
The Joint Committee on Human Rights (JCHR) has launched an inquiry into the human rights implications of Brexit. It has asked about the potential impact of withdrawal on human rights protected by EU law, including include labour rights, disability rights and rights to freedom from discrimination.  JCHR Chair Harriet Harman said: "EU law provid...
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The Conseil d’État in France has recently overturned a ban on “burkinis”: Is French secularism now under attack?

The Conseil d’État in France has recently overturned a ban on “burkinis”: Is French secularism now under attack? Dee Masters , Cloisters This article argues that the recent decision of the Conseil d’État concerning the ban on “burkinis” will have very little impact on the interplay between secularism, religious freedom and the principle of non-disc...
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ELA briefing features innovative articles by Cloisters

ELA briefing features innovative articles by Cloisters
Cloisters is consistently at the cutting edge of legal analysis.  The July edition of ELA briefing contains two articles by barristers at Cloisters.   Schona Jolly and Nathan Roberts produced an analysis of C-157/15 Achbita v G4S Secure Solutions NV entitled, “Secular workplaces v religious freedoms” which argues that the law is cham...
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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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CJEU confirms that certain retirement schemes can discriminate on the grounds of age

CJEU confirms that certain retirement schemes can discriminate on the grounds of age
Dee Masters considers the CJEU’s judgment in C-159/15 Lesar v Telekom Austria AG published on 16 June 2016.  It confirms that employer-run retirement schemes, which completely replace rather than supplement any government benefits related to retirement, can freely discriminate on the grounds of age in relation to entry and exit. Factual backgr...
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Challenging stereotypical assumptions: age discrimination and student loans

Challenging stereotypical assumptions: age discrimination and student loans
by Dee Masters The Court of Session has recently handed down a decision which highlights the importance of public bodies reassessing assumptions concerning older people so as to ensure that they are not acting in a way which is discriminatory. In Scotland, student loans, which cover living expenses during periods of study, are only available to peo...
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Dee Masters elected Member at Large on ELA Management Committee

Dee Masters elected Member at Large on ELA Management Committee
Dee Masters has been elected Member at Large on the Employment Lawyers Association (ELA) Management Committee 2016-18. The ELA is an apolitical organisation representing the views and interests of just over 6,000 specialist, qualified employment lawyers in the UK. Since its inception in 1992, ELA has become the voice of authority in employment law....
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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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Age discrimination and the taxation of pension income

Age discrimination and the taxation of pension income
By Robin Allen QC and Dee Masters In Finland there is a supplementary tax on income from a retirement pension (“the Supplementary Tax”).  It is charged at a rate of 6% provided that the pension income is greater than €45,000.  Crucially, it is paid in addition to the income tax which would ordinarily be levied. A Finnish national challeng...
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The European Accessibility Act 2015

The European Accessibility Act 2015
The European Accessibility Act 2015 – Robin Allen QC and Dee Masters consider the new positive duty to make reasonable adjustments in relation to services and products for disabled people and certain age groups.  To view their paper please click on the following link European-Accessibility-Act-article.docx

Early conciliation: the tide is turning towards a liberal interpretation

Early conciliation: the tide is turning towards a liberal interpretation
In this blog, Nathaniel Caiden of Cloisters considers the latest EAT case on the Early Conciliation (“EC”) requirements - Mist v Derby Community Health Services NHS Trust UKEAT/0170/15 (“Mist”) (for judgment click Mist-Judgment.pdf ) which was handed down today. He also analyses the approach that ETs are likely to take going forward.   Overvie...
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Dee Masters speaks at Legal-Island's 10th Equality Law Update in Northern Ireland

Dee Masters speaks at Legal-Island's 10th Equality Law Update in Northern Ireland
Dee Masters today spoke at Legal-Island's 10th Equality Law Update at the Merchant Hotel, Belfast, Northern Ireland. The session covered Age Discrimination and Goods, Facilities and Services (GFS) and the wide ranging implications for businesses, services providers and consumers alike. A copy of the paper can be found by clicking here.

Dee Masters to speak at Legal-Island's 10th Equality Law Update in Northern Ireland

Dee Masters to speak at Legal-Island's 10th Equality Law Update in Northern Ireland
Dee Masters is to speak at Legal-Island's 10th Equality Law Update at the Merchant Hotel, Belfast, Northern Ireland on the 2 December 2015. Dee's session will cover Age Discrimination and Goods, Facilities and Services (GFS). Legal-Island's 10th Equality Law Update is an full-day event ( 09:20 - 16:30) that will bring together leading practitioners...
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Goods, facilities and services: Age discrimination problems arise in unexpected places

Goods, facilities and services: Age discrimination problems arise in unexpected places
By Dee Masters and Siân McKinley Overview There has been a ban on age discrimination in goods, facilities and services in Great Britain since 1 October 2012 but very little litigation or publicity.  However, age discrimination problems can arise in some unexpected but common areas.  It seems likely that service providers have been lulled ...
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Dee Masters speaks at the Equality Commission NI conference on strengthening protection for all ages

Dee Masters speaks at the Equality Commission NI conference on strengthening protection for all ages
At the recent Equality Commission for Northern Ireland (ECNI) conference, Cloisters’ Dee Masters gave a talk on ‘Proposals for reform of Age Discrimination in the Provision of Good, Facilities and Services'. To read Dee's paper click here . Currently there is no protection for anyone in Northern Ireland against age discrimination in the provision o...
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Indirect discrimination by association: a regressive step?

By Dee Masters and Siân McKinley Overview Since C-303/06 Coleman v Attridg e Law , a person may bring a claim for direct discrimination if they are treated less favourably because they are associated with a protected characteristic, such as disability or race, even if they do not share that protected characteristic. The facts of Coleman provide a c...
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What does Duty of Candour mean for employers?

By Dee Masters and Sian McKinley So far, commentators have focused on the interplay between clinical negligence law and the Duty of Candour. But the latest requirements also have important repercussions for those in regulated professions such as doctors and nurses and their employment relationships. In this article, we look at steps which employers...
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Age Discrimination, Collegiality and Leaver Provisions

Characterising ex-employees as “good” or “bad” leavers under bonus schemes is common in the commercial sector.  Traditionally, employees who retire are classified as “good leavers” giving them access to generous financial payments. The difficulty for organisations is that rewarding retirees is, on its face, age discrimination requiring justifi...
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