The Latest from Cloisters

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2 New Silks for Cloisters

Cloisters is delighted to announce that  Ed Williams  and  Tom Coghlin  have been successful in the 2017 silk competition. They will both be appointed to Queen's Counsel at a ceremony taking place on 26th February 2018 at Westminster Hall. Warmest congratulations to Ed and Tom from all at Cloisters, we wish you every success for...
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Agency Employees, Unfair Dismissal and the Necessity of Communicating an Intention to Dismiss: the recent EAT judgment in Sandle v Adecco UK Ltd

Agency Employees, Unfair Dismissal and the Necessity of Communicating an Intention to Dismiss: the recent EAT judgment in Sandle v Adecco UK Ltd
Ed Williams and Caroline Musgrave appeared before the EAT in July 2016 to argue an important case for agency workers and those who bring or defend unfair dismissal claims in the context of agency employment. Navid Pourghazi discusses the Judgment.   Introduction The EAT’s decision in Sandle v Adecco UK Limited is a must-read for practitioners ...
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Internal appeals and the EDT: the statutory regime reigns supreme

Internal appeals and the EDT: the statutory regime reigns supreme
Tamar Burton considers the impact of an internal appeal decision to change a summary dismissal to a dismissal with notice on the effective date of termination (“EDT”). This factual scenario was considered by the Court of Appeal in Rabess v London Fire and Emergency Planning Authority, a case concerning the interplay between the common law principle...
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Ed Williams and Jennifer Danvers successfully defend School against allegations that Senior Leadership Team forged resignation letters of teaching assistants

Ed Williams and Jennifer Danvers successfully defend School against allegations that Senior Leadership Team forged resignation letters of teaching assistants
Ed Williams  and Jennifer Danvers successfully defended a school in Birmingham against allegations that the senior leadership team had forged the resignation letters of teaching assistants. The facts of the case were described in the so called Trojan horse letter, which detailed a blueprint to introduce an Islamist ethos into schools...
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Ed Williams and Catriona Stirling represent successful appellants in the EAT in ground-breaking TUPE case

Ed Williams and Catriona Stirling represent successful appellants in the EAT in ground-breaking TUPE case
Ed Williams and Catriona Stirling appeared for the successful appellants in the EAT in the ground-breaking TUPE case of Hyde Housing Association Ltd and Others v Layton , in which judgment has now been handed down. The ET had held that, in circumstances where A’s employment with B transferred to joint and several employment with B and other employe...
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Ed Williams and Catriona Stirling seek reference to CJEU in key TUPE case

Ed Williams and Catriona Stirling seek reference to CJEU in key TUPE case
Ed Williams and Catriona Stirling will appear in the Employment Appeal Tribunal on 11 September 2015 in the case of Martlet Homes Ltd & Ors v Mr Dean Layton . This is an important case concerning the meaning and scope of the TUPE Regulations. It will determine whether there is a transfer within the meaning of the Regulations when there are mult...
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Is the Government’s recent Trade Union bill compliant with the European Convention on Human Rights?

Is the Government’s recent Trade Union bill compliant with the European Convention on Human Rights?
By Ed Williams and Sarah Fraser Butlin In what has been billed as the biggest crackdown on trade union rights for 30 years, the Conservative government have published a draft Trade Union Bill along with three separate consultation documents on ballot thresholds in important public services, hiring agency staff during industrial action and tackling ...
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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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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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Why UK whistle-blowing protection laws don’t always apply to those who blow the whistle overseas

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

Smania v Standard Chartered

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

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

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Zero Hours contracts: why we don't need to wait for PM Farage to reform

Zero-hours-article.pdf

Reforming the Right to Strike in the Digital Age

On 10 July over 1 million public sector workers went on strike across the UK. Almost immediately and inevitably debate polarised between those who see the right to strike as a fundamental freedom and those who see strikes as an inconvenience that must be restricted by legislation. One of the loudest voices from the latter camp was the Prime Ministe...
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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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