The Latest from Cloisters

News, Publications, Policies, Events and Blogs

Religion or belief and GORs. Bumper CJEU Round-Up, Part 2

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In the second part of this two-part blog, Cloisters’  Schona Jolly QC  and  Sarah Fraser Butlin  look at important new developments from the CJEU on the genuine occupational requirement in the context of religion or belief discrimination in the Framework Directive. When does a requirement to profess a faith, or to follow a parti...
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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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Tribunal erred in rejecting Shared Parental Leave claim

Rachel-Crasnow
Hextall v Chief Constable of Leicestershire Police EAT allows appeal: ET erred in its dismissal of indirect discrimination claim.  Rachel Crasnow QC , specialist in workplace rights, considers the latest appeal in the Shared Parental Leave saga. SUMMARY : Yesterday the EAT found that the ET erred in adopting for the purposes of Mr Hextall’s in...
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Constructive knowledge of disability: Donelien v Liberata UK Ltd [2018] EWCA Civ 129

In this blog Nathaniel Caiden considers yesterday’s judgment by the Court of Appeal that concerned constructive knowledge of disability - Donelien v Liberata UK Ltd [2018] EWCA Civ 129 (in which Tom Brown appeared throughout for the successful party). HR professionals, employers, lawyers and courts all have to deal with the sometimes fraught questi...
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Claire McCann and Navid Pourghazi to speak at ELA Conference

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Tuesday 20 March 2018, 9:30am - 5:30pm  Discrimination: The Law and Strategy presented by The Employment Lawyers Association is a two day conference. Cloister's Claire McCann and Navid Pourghazi will deliver an introduction to the concepts of discrimination. Their session will identify key discrimination concepts, including identifying protect...
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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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Tribunal rejects claim of religious discrimination by NHS Non-Executive Director opposed to same-sex adoption (Page v NHS Trust Development Authority)

Last week London South Employment Tribunal dismissed a claim by Richard Page for religious discrimination. The case concerned the NHS Trust Development Authority’s decision that he was not a suitable person to hold office as a Non-Executive Director in the NHS because of his conduct in publicising his opposition to same-sex adoption in the national...
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Judicial pensions and discrimination

Judicial pensions and discrimination
Two hundred and ten full-time judges, across a variety of courts and tribunals, have successfully sued the Lord Chancellor and the Ministry of Justice in the Employment Tribunal following changes to their pensions. A copy of the decision in McCloud & ors v (1) Lord Chancellor and (2) MOD is available here . This blog analyses the implications o...
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Discrimination compounds the pain in personal injury and clinical negligence claims

Discrimination compounds the pain in personal injury and clinical negligence claims
In this article, Sarah Fraser Butlin and Catriona Stirling consider discriminatory practices within the calculation of damages for personal injury and clinical negligence. Personal injury and clinical negligence lawyers do not tend to think about equality and diversity issues in their cases all that often. However there are several areas that are c...
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Times are changing - Gender Pay Gap Regulations

Times are changing - Gender Pay Gap Regulations
Forty-six years since the Equal Pay Act 1970, the gender pay gap persists despite years of litigation. The impending regulations have come at an important time, says Daphne Romney QC who has written a full article on this in the October 2016 edition of Counsel. This can be accessed here .

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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Cloisters’ Diversity Data

Cloisters’ Diversity Data
In accordance with the BSB Equality Rules, Cloisters has gathered diversity data from its members and staff.  The data has been collated and is now published in these tables . Almost all members of chambers’ workforce provided their diversity data and consented to its publication. We therefore have a representative data set across the groups w...
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Prevent Duty Part 4: Practical operation of a “due regard” duty: lessons from the Equality Act 2010 for the application of the Prevent Duty by universities

Prevent Duty Part 4:  Practical operation of a “due regard” duty:  lessons from the Equality Act 2010 for the application of the Prevent Duty by universities
In his fourth article on Prevent Duty Declan O'Dempsey  looks at the similarities between the Prevent Duty to have due regard and consider what the practical application of that duty to have due regard will look like in the light of the existing body of case law on the analogous s 149 of the Equality Act 2010. The duty under section 149 Equali...
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Race Discrimination and Housing in post-Brexit Britain

Race Discrimination and Housing in post-Brexit Britain
In this article  Catherine Casserley and Tom Gillie  consider race discrimination in housing and, in particular, the obligations that landlords have not to discriminate themselves and to take action when their tenants are experiencing discrimination and harassment by other tenants. The reported racist incidents have surged since the ...
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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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Age Discrimination in the light of CJEU case law

Age Discrimination in the light of
CJEU case law
Declan O’Dempsey provides an up-to-date overview of the Court of Justice’s evolving body of case law on age discrimination in the employment field in the latest issue of the European Equality Law Review .  This publication covers the European Economic Area and European Free Trade Association (EFTA). It provides an overview of the latest l...
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Bitter taste for Byron staff – how to handle the immigration obligations

Bitter taste for Byron staff – how to handle the immigration obligations
By Sally Cowen Last week Byron, the upmarket burger chain called their employees into a meeting, which was cast as a meeting to teach them how to cook burgers. Immigration officers turned up to this (allegedly) stooge meeting (the employees were not there to learn how to cook burgers, but apparently to be investigated by the Immigration Service). I...
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The Simmons v Castle debate continues

The Simmons v Castle debate continues
Sarah Fraser Butlin considers the most recent EAT judgment on the issue in Olayemi v Athena Medical Centre. It was HHJ Richardson’s turn to consider whether the 10% uplift on general damages applied to awards for injury to feelings.  His answer was yes. The Court of Appeal in Simmons v Castle [2012] EWCA Civ 1039 had declared that: “…with effe...
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Rachel Crasnow QC and Rachel Barrett represent whistleblowing judge in landmark EAT appeal

Rachel Crasnow QC and Rachel Barrett represent whistleblowing judge in landmark EAT appeal
Rachel Crasnow QC and Rachel Barrett presented what the MOJ described as a ‘revolutionary’ argument that judges are ‘workers under contract’ in a cutting edge EAT Appeal case today. In Gilham v MOJ , the Cloisters’ barristers represented District Judge Claire Gilham who made protected disclosures about listing pressures and potential courtroom dang...
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A part of inclusion? Disabled people and the right to a fair hearing

A part of inclusion? Disabled people and the right to a fair hearing
John Horan considers two recent cases that highlighted particular difficulties that disabled people face in obtaining a fair hearing before the courts.  Both cases ( Rackham v NHS Professionals Ltd and  Galo v Bombardier Aerospace UK )   provide a common-sense framework of considerations which a court or tribunal must bear in mi...
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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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Government responds to Women & Equalities Select Committee Report on Transgender Equality

Government responds to Women & Equalities Select Committee Report on Transgender Equality
The House of Commons’ Women and Equalities Select Committee was appointed on 3 June 2015.  The Committee announced its first inquiry shortly thereafter into transgender equality, looking at a range of outstanding issues for the trans community and considering how they could most effectively be addressed.  Six Ministers gave evidence to th...
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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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Brexit and Mrs Webb: Return of the sick man versus pregnant woman?

Brexit and Mrs Webb: Return of the sick man versus pregnant woman?
By Rachel Crasnow QC The EU widened the scope of protection against gender discrimination considerably. Advancements have included protection relating to equal pay, paid time off for antenatal appointments, pregnancy discrimination, parental leave and urgent time off for family reasons, paid maternity leave and the right to equal treatment for part...
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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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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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Supreme Court hears wheelchair user Paulley’s landmark appeal against bus company

Supreme Court hears wheelchair user Paulley’s landmark appeal against bus company
The Supreme Court heard today why bus companies must ensure that wheelchair users like Mr Doug Paulley (represented by Cloisters’ barristers Robin Allen QC and Catherine Casserley ) must have priority in using wheelchair spaces and why bus companies must end ‘first come, first serve’ policies. Facts In February 2012, wheelchair user Mr Paulley trie...
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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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Daphne Romney QC acts for former police Head of Legal in sex and disability discrimination case

Daphne Romney QC acts for former police Head of Legal in sex and disability discrimination case
Daphne Romney QC is acting for the former Head of Legal Services at Northumbria Police force in a high profile unfair dismissal case Denise Aubrey v Northumbria Police . The claimant, Denise Aubrey, was sacked for gross misconduct from the force she had worked at for 20 years following allegations that she had leaked information about an affair bet...
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EU anti-discrimination law: ten "easy" steps to disapplying inconsistent national provisions

EU anti-discrimination law: ten "easy" steps to disapplying inconsistent national provisions
Anna Beale looks at recent guidance from the CJEU in the context of age discriminatory provisions of Danish domestic law in Rasmussen . A constant theme in EU law is the extent to which EU provisions can be relied upon by domestic courts to interpret or disapply domestic law.  The case of Dansk Industri v Estate of Karsten Eigil Rasmussen ( C-...
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Six Cloisters' Silks join 22 QCs to update on hot Employment Law issues for 2016-2017

Six Cloisters' Silks join 22 QCs to update on hot Employment Law issues for 2016-2017
Six Cloisters' Silks are on the panel of 22 leading Queen’s Counsel at the  22 QCs - Hot employment law issues for 2016-2017  conference devised and chaired by Michael Rubenstein.  Robin Allen QC ,  Daphne Romney QC ,  Paul Epstein QC , Jason Galbraith-Marten QC ,  Caspar Glyn QC and  Rachel Crasnow QC  will ...
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Cloisters sponsors conference to discuss the ‘Lords Report on Disability and the Equality Act: Turning Recommendations into Reality’

Cloisters sponsors conference to discuss the ‘Lords Report on Disability and the Equality Act: Turning Recommendations into Reality’
Cloisters is proud to co-sponsor the conference to discuss the ‘ Lords Report on Disability and the Equality Act:Turning Recommendations into Reality ’ on 27 April 2016 at the Max Nasatyr Room, Third Floor Suite, Coin Street Neighbourhood Centre, 108 Stamford Street, South Bank, London, SE1 9NH. This timely event, co-organised by Catherin...
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Robin Allen QC and Prof. Muriel Robison to speak on key Discrimination Law updates at the Forum for Research into Equality and Diversity seminar

Robin Allen QC and Prof. Muriel Robison to speak on key Discrimination Law updates at the Forum for Research into Equality and Diversity seminar
Robin Allen QC and Professor Muriel Robison will provide key Discrimination Law updates for lawyers and HR practitioners at a seminar hosted by the Forum for Research into Equality and Diversity (FRED) in collaboration with the University of Northampton on April 11 2016 at Aston University, Birmingham from 6pm – 8pm. The two-hour course will cover ...
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House of Lords Select Committee condemns Equality Act’s failures to secure equality for disabled people

House of Lords Select Committee condemns Equality Act’s failures to secure equality for disabled people
On 24 March 2016, the House of Lords’ Select Committee published its report on the Equality Act 2010 and Disability entitled “The Equality Act 2010: the impact on disabled people” . Catherine Casserley acted as the Select Committee’s specialist adviser for the Report. She has appeared in a number of the cases referred to in the Report and obtained ...
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Robin Allen QC and Jonathan Mitchell QC secure major victory for 6,500 women in equal pay dispute worth £100m

Robin Allen QC and Jonathan Mitchell QC secure major victory for 6,500 women in equal pay dispute worth £100m
Robin Allen QC and Jonathan Mitchell QC successfully acted for thousands of women workers in a long-standing equal pay dispute against Glasgow City Council. Around 6,500 women are now expected to share a substantial pay deal worth up to £100 million. The decision by the Employment Appeal Tribunal in J MacDonald & Others v Glasgow City Council &...
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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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No childcare vouchers during maternity leave: upping the pressure during early months

No childcare vouchers during maternity leave: upping the pressure during early months
Rachel Crasnow QC considers the recent judgment of the EAT in Peninsula Business Services v Donaldson (handed down on 9 March 2016) Is it discriminatory to discontinue childcare vouchers during maternity leave? No, held the EAT in Peninsula Business Services v Donaldson , deciding that childcare vouchers amounted to “remuneration” and that it was n...
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Limits to the concept of ‘Associative Discrimination’

Limits to the concept of ‘Associative Discrimination’
The Supreme Court has refused permission to appeal or to make a referral to the CJEU in Hainsworth v Ministry of Defence. Daphne Romney QC considers this brake on the concept of associative discrimination and the law of disability. In Coleman v Attridge [2008] IRLR 722 the ECJ held that Art. 2 of the Framework Employment Equality Directive applied ...
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Equality, discrimination and the marginalised: The Immigration Bill 2015-16 and employment rights for migrants

Equality, discrimination and the marginalised: The Immigration Bill 2015-16 and employment rights for migrants
By Akua Reindorf Introduction The Immigration Bill 2015-16 was introduced on 17 September 2015 by a press release declaring that the Government’s intention is to make it “tougher than ever before” for illegal migrants to live in the UK. The press release is unambiguous in its message that tough action will be taken to crack down on those they deem ...
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Closing the Gap: Will the gender pay gap information Regulations bring about equality?

Closing the Gap:  Will the gender pay gap information Regulations bring about equality?
Daphne Romney QC  considers how the draft Equality Act 2010 (Gender Pay Gap Information) Regulations 2016 , published last week by the Government, will affect businesses . On 12 February 2016, the Government published the draft Equality Act 2010 (Gender Pay Gap Information) Regulations 2016 , which will affect some 8,000 businesses. This ...
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Employment Tribunal awards over £832,000 for sexual harassment to former NHS Director represented by Akua Reindorf

Employment Tribunal awards over £832,000 for sexual harassment to former NHS Director represented by Akua Reindorf
Akua Reindorf represented the successful Claimant, Helen Marks,  in a sexual harassment and sex discrimination case against Derbyshire Healthcare NHS Trust. The Employment Tribunal this week awarded Ms Marks £832,711 for injury to feelings, aggravated damages, personal injury and loss of earnings. See Marks v Derbyshire Healthcare NHS Fou...
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Starbucks held to account by Tribunal for its discrimination and victimisation of a dyslexic employee represented by Rajiv Bhatt

Starbucks held to account by Tribunal for its discrimination and victimisation of a dyslexic employee represented by Rajiv Bhatt
Rajiv Bhatt successfully represented the Claimant, Ms Meseret Kumulchew, in her sex and disability discrimination, victimisation and whistleblowing case against Starbucks, Vishal Ballee (the store manager at the time) and Sharon Sherrett (the area manager).  The case,  Kumulchew v Starbucks .  has been widely reported by the BBC . Ms...
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Access to Justice: the EAT considers how courts can provide reasonable adjustments for disabled people

Access to Justice: the EAT considers how courts can provide reasonable adjustments for disabled people
In Rackham v NHS Professionals Ltd Langstaff P (as he then was), in the EAT, has given judgment on the existence and nature of the duty on tribunals and courts to make reasonable adjustments for disabled litigants. Rackham v NHS Professionals Ltd [2015] UKEAT/0110/15: the issues The Claimant brought a case of disability discrimination and unfair di...
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How disabled people can get a fair hearing from the law courts

How disabled people can get a fair hearing from the law courts
John Horan and Nathan Roberts persuaded the President of the EAT, Langstaff P (as he then was), in the case of JW Rackham v NHS Professionals Ltd [2015] UKEAT to issue guidance for disabled people including a recommendation as to the Equal Treatment Bench Book’s ground rules hearing. The ground rules hearing has never been judiciously considered be...
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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

Testing the limits of the Equality Act 2010

Testing the limits of the Equality Act 2010
Adam Ohringer considers the recent EAT Judgment in  Butterworth v The Police & Crime Commissioner’s Office for Greater Manchester .   The Equality Act 2010 (EqA) prohibits many instances of discrimination against ex-employees.  Section 108 states: A person (A) must not discriminate against another (B) if...(a) the discrimination ...
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Claire McCann and Olivia-Faith Dobbie to speak at the ELA conference Discrimination: The Law and Strategy

Claire McCann and Olivia-Faith Dobbie to speak at the ELA conference Discrimination: The Law and Strategy
Claire McCann  and Olivia-Faith Dobbie will be speaking on ‘Introduction to concepts of discrimination’ at the ELA  Discrimination: The Law and Strategy Conference on Tuesday 15 March 2016 at the Royal College of Obstetricians and Gynaecologists , 27 Sussex Place, Regent's Park London. Claire and Olivia’s plenary morning session...
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Rachel Crasnow QC to speak at the TUC/EOR Discrimination Law Conference 2016

Rachel Crasnow QC to speak at the TUC/EOR Discrimination Law Conference 2016
Rachel Crasnow QC is speaking on the challenges to the Shared Parental Leave regime at the TUC/EOR Discrimination Law Conference 2016 on 22 January 2016. Rachel is currently advising the Bar Council on how to implement SPL. This annual discrimination law conference, held at TUC Congress House, Great Russell Street, London, will give trade unio...
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Transgender Enquiry Report published today

Transgender Enquiry Report published today
The Women & Equalities Select Committee today published its Report concluding its Transgender Enquiry which it launched on 27 July 2015 and which received over 230 submissions.  Claire McCann was appointed as a Specialist Adviser to the Enquiry and was asked to provide legal advice in relation to certain aspects of the law relating to tran...
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Robin Allen QC to speak at the Discrimination Law in 2016 Conference

Robin Allen QC to speak at the Discrimination Law in 2016 Conference
On 25 January 2016 Robin Allen QC will join an eminent panel of experts to speak at the  Discrimination Law in 2016 Conference: ‘The authoritative review of the most dynamic area of employment law in Scotland ‘. Robin’s session will cover the issue of ‘Discrimination because of religion or belief and sexual orientation’. This ever popular annu...
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Proving discrimination: The shifting burden of proof and access to evidence

Proving discrimination: The shifting burden of proof and access to evidence
Anna Beale was invited to speak at the Academy of European Law in Trier, Germany, on the shifting burden of proof and access to evidence in European discrimination law. Her podcast examines the way in which EU law has sought to alleviate the difficulties faced by claimants in discrimination claims – see the link below: http://www.era-comm.eu/anti-d...
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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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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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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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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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Declan O’Dempsey to lead workshop at the European Equality Law Network Legal Seminar 2015

Declan O’Dempsey to lead workshop at the European Equality Law Network Legal Seminar 2015
Declan O’Dempsey will lead a workshop at the European Equality Law Network Legal Seminar 2015 on 24 November 2015  at the Courtyard Marriott Hotel in Brussels.   He will present a study on the EU concept of disability & reasonable accommodations in the light of the UN Convention on the Rights of persons with disabilities . The se...
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Why the Government is failing disabled people on access to legal justice

Why the Government is failing disabled people on access to legal justice
Cloisters’ barrister John Horan discusses why the Government and the courts need to properly apply the UN Convention on the Rights of Persons with Disabilities so that effective measures are put in place to facilitate correct access to justice for disabled people. Currently many disabled people feel that actual access to legal justice and equal rec...
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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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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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Man wins damages for homophobic abuse by service provider based entirely on gestures

Man wins damages for homophobic abuse by service provider based entirely on gestures
Catherine Casserley , instructed by Unity Law, represented a gay man in what is believed to be the first case of its kind - a claim for direct discrimination and post relationship discrimination in services, based on gestures made by the defendant's staff member. The claimant attempted to return some locks to a shop following which he was subjected...
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Cloisters receives special mention at the Bar Pro Bono Awards 2015

Cloisters receives special mention at the Bar Pro Bono Awards 2015
Cloisters received a special mention for its long and extensive commitment to pro bono work at the Bar Pro Bono Awards at the Bar Conference on 17 October 2015. Lord Goldsmith, the Bar Pro Bono Unit President and Chair of the Award judging panel, said  'this is exemplified by their members' collectively taking on over 140 pro bono cases in the...
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Robin Allen QC, Rachel Crasnow QC and Catherine Casserley to speak at the DLA Annual Conference

Robin Allen QC, Rachel Crasnow QC and Catherine Casserley to speak at the DLA Annual Conference
Cloisters' Robin Allen QC , Rachel Crasnow QC and Catherine Casserley are speakers at the DLA Annual Conference 2015 "Equality Rights - Where next?" on Monday 26th October 2015. This is an The essential conference for anyone interested in equality law.  2015 is the 50th anniversary of the first Race Relations Act, the 40th anniversary of ...
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Robin Allen QC and Rachel Crasnow QC to speak at the Annual Discrimination Law Conference 2016

Robin Allen QC and Rachel Crasnow QC to speak at the Annual Discrimination Law Conference 2016
Cloisters' Head of Chambers Robin Allen QC and  Rachel Crasnow QC will be covering key issues in discrimination law at the TUC headquarters in London on Friday 22 January 2016 at Congress House, Great Russell Street, London WC1B 3LS. The conference, devised by Michael Rubenstein, is open to discrimination lawyers, Governmen...
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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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Declan O'Dempsey to speak at ERA Seminar - Applying EU Anti-Discrimination Law.

Declan O'Dempsey to speak at ERA Seminar - Applying EU Anti-Discrimination Law.
Declan O’Dempsey is to speak at the Ecole Nationale de la Magistrature, Paris, at a conference on Applying EU Anti-Discrimination Law – a Seminar for members of the Judiciary on 19-21 October 2015, organised by ERA on behalf of the EU Commission with the support of the French National School for the Judiciary.  Declan will deliver a talk to a ...
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Five Cloisters' Silks join 22 QC panel on 'Hot Issues in Employment Law for 2015-2016' Conference

Five Cloisters' Silks join 22 QC panel on 'Hot Issues in Employment Law for 2015-2016' Conference
Five Cloisters' Silks are on the panel of 22 leading Queen’s Counsel at the  22 Silk - Hot issues in Employment Law 2015-2016  conference devised and chaired by Michael Rubenstein. Robin Allen QC ,   Daphne Romney QC ,   Jason Galbraith-Marten QC ,  Caspar Glyn QC  and  Rachel Crasnow QC  will be part of the ...
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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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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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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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Rachel Crasnow QC reports on evidence given to the House of Lords Select Committee on the Equality Act 2010 and Disability

Rachel Crasnow QC reports on evidence given to the House of Lords Select Committee on the Equality Act 2010 and Disability
Last Tuesday Rachel Crasnow QC gave evidence to the House of Lords Select Committee on the Equality Act 2010 and Disability on behalf of the Bar Council. She along with other organisations, such as The Law Society, The Discrimination Law Association and The Law Centres Network, were asked their views on how well the Equality Act 2010 is being enfor...
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Paul Epstein QC and William Latimer-Sayer shortlisted for the Chambers UK Bar Awards 2015

Paul Epstein QC and William Latimer-Sayer shortlisted for the Chambers UK Bar Awards 2015
Cloisters is proud to announce that Paul Epstein QC and William Latimer-Sayer have been shortlisted for the Chambers UK Bar Awards 2015. Paul Epstein QC has been shortlisted for  Employment :  Silk of the Year. William Latimer-Sayer has been shortlisted for Personal Injury/Clinical Negligence :  Junior of the Year.   

29 Cloisters' barristers ranked in Legal 500 2015

29 Cloisters' barristers ranked in Legal 500 2015
Cloisters is delighted to announce that 29 members have been ranked in civil liberties, clinical negligence, employment, personal injury and sports practice areas in the Legal 500 2015 edition. What they say:  Solicitors have ‘absolute confidence in any barrister’ from Cloisters, which is best known for its employment, personal injury and...
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Caspar Glyn QC represents claimant in sex discrimination case against World Snooker

Caspar Glyn QC represents claimant in sex discrimination case against World Snooker
Caspar Glyn QC represented Michaela Tabb, a high profile former referee, in her claim against World Snooker for sex discrimination, unfair dismissal and breach of contract. The case Michaela McInnes v World Snooker Ltd settled for an undisclosed sum. For press coverage go to: The BBC Sport: Michaela Tabb court case against World Snooker The Guardia...
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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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The CJEU Judgment in CHEZ: Indirect discrimination by association

The CJEU Judgment in CHEZ: Indirect discrimination by association
By Rachel Crasnow QC and Siân McKinley Since C-303/06 Coleman v Attridge 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. In C-83/14 CHEZ Razpredelenie B...
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Supreme Court grants wheelchair user Paulley permission to appeal in landmark case

Supreme Court grants wheelchair user Paulley permission to appeal in landmark case
FirstGroup Plc v Paulley The Supreme Court today (8 July) granted the Appellant Mr Paulley (represented by Cloisters’ barristers Robin Allen QC and Catherine Casserley ) permission to appeal the Court of Appeal’s decision in a case considering what reasonable adjustments a bus company is required to make in order to accommodate disabled wheelchair ...
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Is equality, diversity and human rights yesterday's debate?

Is equality, diversity and human rights yesterday's debate?
This theme will be considered at Liverpool John Moores University's Equality, Diversity and Human Rights Conference on 4 November 2015 where Cloisters' Robin Allen QC will be keynote speaker. Equality, Diversity and Inclusion is a fast changing scene and this popular event will review the past five years since the Equality Act 2010 came i...
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Lee v Ashers Bakery: Cake Now or Cake Later?

Lee v Ashers Bakery: Cake Now or Cake Later?
By Olivia Dobbie Northern Ireland delivers a small slice of sweet justice to the gay rights movement, but for some, it leaves a bitter aftertaste. Is the law moving too fast? Just days before the Republic of Ireland voted in favour of same-sex marriage, its neighbour, Northern Ireland, demonstrated a similarly positive stance to gay rights in the j...
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Jonathan Mitchell QC joins Cloisters as associate member

Jonathan Mitchell QC joins Cloisters as associate member
We are delighted to announce that Jonathan Mitchell QC has joined Cloisters as an associate tenant.  Jonathan, a member of the Scottish Bar, brings with him his great skill and experience in commercial law ,  discrimination and equality , employment , sports and entertainment , human rights , regulatory and public law . He is renowned for...
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Gay police officer PC Dan Lichters wins discrimination claim against the Metropolitan Police

Gay police officer PC Dan Lichters wins discrimination claim against the Metropolitan Police
The Metropolitan Police has again lost a major discrimination claim brought against it by a serving officer. Akua Reindorf represented PC Lichters in his claim for direct sexual orientation discrimination, harassment and victimisation. The Met's beleaguered Fairness at Work (FAW) grievance procedure was also criticised for failing to provide any me...
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A victory for gay rights as Ashers bakery is found liable for discrimination

A victory for gay rights as Ashers bakery is found liable for discrimination
By Olivia Dobbie In a judgment handed down today by a County Court sitting in Belfast, Ashers bakery was found liable for discriminating against a customer when it refused to fulfil his order of making a cake which was iced with the slogan “Support Gay Marriage”. Cloisters’ Robin Allen QC acted for the customer (the plaintiff) in this significant r...
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Everyday sexism – from pregnancy to maternity and beyond

Everyday sexism – from pregnancy to maternity and beyond
By Sally Robertson Is it OK at a job interview to ask a woman about her childcare plans?  The Guardian published the wrong answer from its workplace agony uncle, Jeremy Bullmore, last Saturday in http://bit.ly/1EZICkd . From her perspective as a working mother and former ‘Dear Jeremy’ columnist, Ruth Cornish gave a much better answer in her bl...
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Daphne Romney QC talks on Radio 4 about the culture of sexual discrimination and harassment in the City

Daphne Romney QC talks on Radio 4 about the culture of sexual discrimination and harassment in the City
Daphne Romney QC talked to Jenni Murray on Radio 4 Woman’s Hour on 30 April 2015 about why sexual discrimination and harassment are still so rife in the City and how women who object to the aggressive and often crude  male sexual messages are often described as ‘cry-babies’. "What men see as ‘banter’ other people see as abuse “, she says. She ...
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Illegality in context - Sheryn Omeri comments on the recent Supreme Court decision in Hounga v Allen

Illegality in context - Sheryn Omeri comments on the recent Supreme Court decision in Hounga v Allen
Cloisters' barrister Sheryn Omeri discusses the most recent decision in Hounga v Allen , a case where the claimant, Miss Hounga, had arrived in the UK on a fraudulent passport which she had used to secure a 6-month visitor’s visa and worked illegallyas a home help for the first Respondent (Mrs Allen) in London for a period of 18 months. Read S...
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Court reserves judgment in gay rights v religious beliefs case

Court reserves judgment in gay rights v religious beliefs case
Gareth Lee v Ashers Baking Company Limited Belfast High Court reserved judgment yesterday in the case of Gareth Lee v Ashers Baking Company Ltd - a case that could have wide-reaching consequences for shop owners. Robin Allen QC , acting for gay rights activist Gareth Lee, told the court why a business should not “be allowed to break a contract with...
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Shared parental leave and pay: discrimination issues

Shared parental leave and pay: discrimination issues
By Catherine Richmond When I told my friend two years ago that I had spent my morning wading through the government’s proposals to introduce shared parental leave, he asked hopefully whether that was something to help frazzled parents get away from the kids for a few days (he takes care of his full-time). It was hard to disappoint him. But he was e...
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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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Daphne Romney QC acts for 3000 women in successful equal pay claim against council

Daphne Romney QC acts for 3000 women in successful equal pay claim against council
Daphne Romney QC , instructed by Fox & Partners, represented 3000 Claimants, including carers, cooks, cleaners, school crossing patrollers, sheltered housing wardens and caretakers working for North Lanarkshire Council. They were claiming equal pay with male comparators following a job evaluation scheme brought into effect in November 2006. The...
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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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Henderson v GMB : Discrimination and philosophical belief

Henderson v GMB : Discrimination and philosophical belief
By Jennifer Danvers The recent EAT judgment in  Henderson v GMB   is a must-read for practitioners seeking to advance or respond to claims of discrimination on the grounds of philosophical belief.          The Facts Keith Henderson, a GMB Regional organiser was dismissed on 7 December 2012.  At first instance...
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Supreme Court considers tests for justification under s15 Equality Act 2010 and Article 8 ECHR in a housing eviction case against a disabled tenant

Supreme Court considers tests for justification under s15 Equality Act 2010 and Article 8 ECHR in a housing eviction case against a disabled tenant
By Catherine Casserley The Supreme Court handed down its decision yesterday in Akerman-Livingstone v. Aster Communities Ltd (formerly Flourish Homes Ltd) [2015] UKSC 15 in which it considered the test of justification for discrimination under section 15 of the Equality Act 2010 (the EqA) as compared with justification for Article 8 of the Conventio...
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Socio-legal case study considers the wave of equal pay litigation

Socio-legal case study considers the wave of equal pay litigation
The Cambridge Journal of Economics has recently published an article which Sarah Fraser Butlin co-wrote with Professor Simon Deakin, Colm McLaughlin and Aleksandra Polanska looking at equal pay litigation. The paper ( available here ) is a socio-legal case study considering the recent wave of equal pay litigation and exploring the role of collectiv...
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Injury to feelings awards are exempt from tax – new EAT decision 5 March 2015

Injury to feelings awards are exempt from tax – new EAT decision 5 March 2015
By Will Dobson I have previously blogged on the question of whether awards for injury to feelings are taxable in the context of settlement agreements: (see link ) The EAT (presided over by Singh J) in Timothy James Consulting Ltd v Wilton concluded that awards for injury to feelings are exempt from tax. In doing so, it declined to follow the First ...
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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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Whistle-blower doctor challenges MOD over sacking by text

Whistle-blower doctor challenges MOD over sacking by text
Cloisters' barrister Schona Jolly appears for whistle-blower, Dr Stephen Frost, who was fired by text after requesting a police investigation into the dispensing of morphine sulphate tablets at an army base near Blackpool. Dr Frost, who has been granted leave to challenge the MOD at the Employment Tribunal, claims he was not told why his contract w...
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Applying EU Anti-Discrimination Law

Applying EU Anti-Discrimination Law
Cloisters barrister Tom Brown is one of the speakers at the prestigious ‘Applying EU Anti-Discrimination Law’ seminar being held  on 20- 21 April 2015 at the ERA Conference Centre, Trier, Germany. The seminar organised by the ERA on behalf of the European Commission is aimed at legal practitioners from EU member states...
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When is a religious or political belief appropriate?

When is a religious or political belief appropriate?
Employment Appeal Tribunal to consider when a manifestation of a religious or political belief is appropriate   Cloister’s barristers, Ed Williams and Sarah Fraser Butlin , are instructed in the case of GMB v Henderson which will be of fundamental importance to all discrimination lawyers. Keith Henderson was employed as a regional organiser in...
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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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Discrimination Law Conference 2015

Discrimination Law Conference 2015

Cloisters Head of Chambers, Robin Allen QC and barrister Rachel Crasnow QC, spoke at the high profile TUC and Equal Opportunities Review Discrimination Law Conference 2015 on 23 Jan 2015 at TUC headquarters, Great Russell Street, London.

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Rachel Crasnow to talk on pregnancy and maternity leave issues to the Employment Lawyers Group NI

Rachel Crasnow to talk on pregnancy and maternity leave issues to the Employment Lawyers Group NI
  Cloisters barrister, Rachel Crasnow, is to speak on pregnancy and maternity rights at the Employment Lawyers Group NI seminar in Belfast on 11 February 2015. The venue: Old Bar Library, Royal Courts of Justice, Belfast. Time: 1pm – 2pm (arrival at 12.30pm for 1pm start). To register for this seminar go to:   ELG Employment Lawyers ...
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Cloisters to host Discrimination Lawyers Annual General Meeting

Cloisters to host Discrimination Lawyers Annual General Meeting
Cloisters Chambers is to host the Discrimination Law Association’s AGM on 21 January 2015. The event features guest speaker Roger Kline, Research Fellow at Middlesex University and author of The “snowy white peaks” of the NHS: a survey of discrimination in governance and leadership and the potential impact on patient care in London and England...
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Cloisters' barrister Rachel Crasnow appointed Silk

Cloisters' barrister Rachel Crasnow appointed Silk
Chambers is delighted to announce that Rachel Crasnow  has been appointed Queen’s Counsel. This appointment recognises her long-held reputation as an outstanding employment and discrimination expert and advocate. As a junior Rachel featured in some of the most high-profile and complex litigation in her fields and joins Cloisters’ team of ...
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New EHCPs : challenges and top tips

Cloisters barristers Yvette Genn and Sarah Fraser Butlin were on the panel of speakers at the charity Scope’s Family information Day event on 8 January hosted by the clinical negligence team of Pennington Manches. The primary focus of the event was Education, Health and Care Plans. Sarah and Yvette ran an extremely well received session on this top...
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Shared parental rights and discrimination

Shared parental rights and discrimination
The new shared parental leave and pay rights are now in force and employers will be taking steps to introduce policies to comply. Cloisters employment law barristers, Sian McKinley and Robin Allen QC , explain how employers will have to rethink their approaches to maternity and parental leave to avoid claims of sex discrimination. The Shared Parent...
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Women on the front line

Women on the front line

by Andrew Buchan

 Ground Close Combat  (GCC) roles are ‘those roles that are primarily intended and designed with the purpose of requiring individuals on the ground, to close with and kill the enemy’.

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First case in EAT to consider caste-based discrimination

First case in EAT to consider caste-based discrimination

The EAT has today handed down judgment in the case of Chandhok v Tirkey.

This the first case in the EAT to consider caste-based discrimination. A link to the judgment can be found here. and a link to our previous post summarising the arguments in the appeal can be found here.

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Obesity and disability following Kaltoft

Can Employers now breath a sigh of relief following the 18 December judgment in the CJEU case of C‑354/13 Kaltoft v Municipality of Billund that obesity itself is not a protected characteristic?

Cloisters barristers, Rachel Crasnow and Sarah Fraser Butlin discuss.

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Focus on the effects and not the cause

Focus on the effects and not the cause

Daphne Romney QC, barrister at Cloisters Chambers comments on the CJEU decision on whether obesity can be a disability.

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Obesity can be considered a disability: EU court rules

Obesity can be considered a disability: EU court rules

By Claire McCann

The Court of Justice of the European Union (CJEU) has handed down a key judgment today on the vexed question of whether obesity constitutes a disability within the meaning of EU law.

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Jason Galbraith-Marten QC to speak at the EU Gender Equality Law seminar 23 February 2015

Jason Galbraith-Marten QC to speak at the EU Gender Equality Law seminar 23 February 2015

Cloisters barrister Jason Galbraith-Marten QC joins the panel of eminent speakers at the seminar commissioned by the European Union’s Programme for Employment and Social Solidarity – Progress (2007-2013) in Germany on 23 February 2015 at the ERA Conference Centre, Metzer Allee 4, Trier.

The seminar will provide participants with an overview of the EU gender equality legislation as interpreted by the Court of Justice of the EU in its large case on this topic.

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Cloisters barrister Caspar Glyn QC comments on proposed law relating to exploited migrant workers

Cloisters barrister Caspar Glyn QC comments on  proposed law relating to exploited migrant workers

Caspar Glyn QC, Cloisters' barrister,  comments to BBC World at One and the BBC on proposed new criminal offences in relation to exploited migrant workers.

For BBC coverage on this go to: BBC news

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Discrimination Law in 2015

Cloisters’ employment law barristers Robin Allen QC and Rachel Crasnov will be on the panel of experts speaking at the Discrimination Law in 2015 Conference in London on Friday 23 January 2015.

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When is it time to stop judging? Age Discrimination and the Judiciary

by Tamar Burton

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Bus company wins appeal over wheelchair policy

Bus company wins appeal over wheelchair policy

by Olivia Dobbie

In the Court of Appeal judgment handed down today in the case of Firstgroup v Paulley, it was held that although wheelchair users have priority to occupy designated wheelchair spaces on buses, there is no legal requirement for bus drivers to move passengers from that space to allow wheelchair users to board. The Court of Appeal held that passengers should “of course” move from the designated space to allow wheelchair users to use it, but that if such passengers refuse, the driver is not required to do anything more than ask them to move. If they continue to refuse, the wheelchair user will have to wait for the next bus.

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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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Declan O'Dempsey speaks at European Commission's seminar 'Enforcement of equality and anti-discrimination law' on 28 November 2014

Cloisters' barrister, Declan O'Dempsey , is speaking at the Legal Seminar 'Enforcement of equality and anti-discrimination law' on  28 November 2014 at Courtyard Marriott Hotel Avenue des Olympiades 6, Brussels. Declan's workshop session covers The Burden of Proof The shift of the burden of proof is an essential procedural issue for equality a...
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Reasonable adjustments and comparators - why simple is not necessarily right

You have a claim for breach of the duty to make reasonable adjustments? Well, that’s simple isn’t it? No, not at all. Sarah Fraser Butlin and Rachel Crasnow explore the issues in reasonable adjustments claims and particularly the difficult comparator point which is raising its ugly head again. Very often when we are considering a claim for breach o...
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Robin Allen QC comments on BBC footage of firms’ failure to provide disability access

Robin Allen QC , Cloisters head of Chambers and a leading expert in equality law was asked for his expert opinion on BBC London ‘Inside Out ‘ investigation footage that showed a large number of  high street chains still seen to be failing to accommodate people with disabilities. Two BBC researchers, one blind with a guide dog and one wheelchai...
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Article 6 – the Right to a fair trial – and discrimination in the Armed Forces

At a time when the UK’s membership of the European Convention of Human Rights (“ECHR”) and our domestic Human Rights Act 1998 (“HRA”) is a hot political topic, it is timely that the Employment Appeal Tribunal (“EAT”) has handed down a judgment considering Article 6 ECHR in relation to special time limit provisions for discrimination complaints brou...
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Proving and Disproving Discrimination by Ed Williams and Tom Coghlin

Is there a conflict with Judicial pragmatism and what statute actually says? Introduction This talk looks at the legal and practical tools available to employment lawyers to prove or disprove direct discrimination and harassment, exploring in particular three areas: a)How judges apply the burden of proof s136(2)(3) EA 2010. b) What is the role of C...
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Proving and disproving discrimination

by Ed Williams and Tom Coghlin Introduction This talk looks at the legal and practical tools available to employment lawyers to prove or disprove direct discrimination and harassment, exploring in particular three areas: How judges apply the burden of proof s136(2)(3) EA 2010. What is the role of Comparators in light of the Supreme Court decision o...
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Ed Williams is a contributing author to Discrimination in Employment Law, Sweet & Maxwell £100

Ed Williams is a contributing author to Discrimination in Employment Law, Sweet & Maxwell £100
Ed Williams is a contributing author to Discrimination in Employment Law, Sweet & Maxwell £100

New report published on age and employment A new thematic report from the European Network of Legal Experts in the non-discrimination field, titled "Age and Employment" is now available.

New report published on age and employment A new thematic report from the European Network of Legal Experts in the non-discrimination field, titled "Age and Employment" is now available.
New report published on age and employment  A new thematic report from the European Network of Legal Experts in the non-discrimination field, titled "Age and Employment" is now available. This report, written by Declan O'Dempsey and Anna Beale, supervised by Mark Freedland, is published by the European Commission and examines some practical as...
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Daphne Romney QC and Dee Masters Beginner's guide to the ban on age discrimination in goods and services - click here

Daphne Romney QC and Dee Masters Beginner's guide to the ban on age discrimination in goods and services - click here
Daphne Romney QC and Dee Masters Beginner's guide to the ban on age discrimination in goods and services - click here

Rachel Crasnow's article about age discrimination in healthcare can be found here

Rachel Crasnow's article about age discrimination in healthcare can be found here
Rachel Crasnow's article about age discrimination in healthcare can be found here

Volunteers’ status under anti-discrimination law: where to now? Declan O'Dempsey and Olivia Faith Dobbie discuss here

Volunteers’ status under anti-discrimination law: where to now? Declan O'Dempsey and Olivia Faith Dobbie discuss here
Volunteers’ status under anti-discrimination law: where to now? Declan O'Dempsey and Olivia Faith Dobbie discuss here

End to gender discrimination in the financial sector. Dee Masters and Sian McKinley discuss this change of law

End to gender discrimination in the financial sector. Dee Masters and Sian McKinley discuss this change of law
End to gender discrimination in the financial sector. Dee Masters and Sian McKinley discuss this change of law - read the article here

Legal Action Group book on Discrimination in Employment

Legal Action Group book on Discrimination in Employment
Legal Action Group book on Discrimination in Employment - edited by Declan O'Dempsey, Catherine Casserley, Sally Robertson and Anna Beale