The Latest from Cloisters

News, Publications, Policies, Events and Blogs

Cloisters success at the Chambers & Partners Bar Awards 2018

C&P Awards
Cloisters is delighted to announce its success at the Chambers & Partners Bar Awards 2018:  Cloisters is the Employment Set of the Year William Latimer-Sayer QC is Personal Injury and Clinical Negligence Silk of the Year Tom Brown nominated for Employment Junior of the Year

Nominations for Chambers UK Bar Awards 2017

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Cloisters are delighted to announce that Rachel Crasnow QC and Dan Lawson have been nominated for Silk of the Year (Employment) and Junior of the Year (Personal Injury / Clinical Negligence) respectively.  The 2017 Chambers UK Bar Awards will be held at The London Hilton on Park Lane on Thursday, 26th October 2017.  

The Supreme Court, ET fees and access to justice: Stopping the government in its tracks

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Caspar Glyn QC , Schona Jolly QC and Sian McKinley consider the implications of today’s seismic decision from the Supreme Court which ruled that ET fees are unlawful: R (on the application of UNISON) v Lord Chancellor [2017] UKSC 51.   Judgment Lord Reed, delivering the lead judgment, held the Employment Tribunals and the Employment Appeal Tri...
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‘Promoting’ restrictive covenants – the start of a new direction of travel post Egon Zehnder Ltd v Tillman

‘Promoting’ restrictive covenants – the start of a new direction of travel post Egon Zehnder Ltd v Tillman
Jacques Algazy QC and Nathaniel Caiden consider whether the case of Egon Zehnder Ltd v Tillman [2017] EWHC 1278 (Ch) marks the start of a trend whereby restrictive covenants against employees will be increasingly upheld owing to an employer’s ‘future intention’ of the employees’ progress (that is promotions and increasing seniority).     ...
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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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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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Legal 500 2016 recognises Cloisters’ Compelling Advocacy, Astute Advice and Exceptional Client Care:

Legal 500 2016 recognises Cloisters’ Compelling Advocacy, Astute Advice and Exceptional Client Care:
        Cloisters is delighted to announce that Legal 500 2016 continues to consider our barristers as Leaders at the Bar for Clinical Negligence, Employment, Human Rights & Civil Liberties, Inquests & Inquiries, Personal Injury and Sports law (see here ).  We have been newly included this year for our work on Inque...
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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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Sarah Fraser Butlin acts in whistle-blowing case that re-ignites worker status debate

Sarah Fraser Butlin acts in whistle-blowing case that re-ignites worker status debate
Rachel Barrett considers the recent decision McTigue v University Hospital Bristol NHS Foundation Trust , in which the President of the Employment Appeal Tribunal has given important guidance on the application of whistle-blowing provisions to agency workers. Sarah Fraser Butlin of Cloisters represented the NHS Trust in this latest case to consider...
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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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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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Caspar Glyn QC to speak at the ILS Annual Oxford Conference

Caspar Glyn QC to speak at the ILS Annual Oxford Conference
Cloisters is delighted to be involved again in this year’s Industrial Law Society’s (ILS) Annual Conference at St Catherine’s College, Oxford. The conference will run from Friday 16 September  to Sunday 18 September 2016. Caspar Glyn QC will be giving a plenary lecture on Friday entitled:  Master and Servants. Employment Status – Yesterda...
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Supreme Court to determine first CJEU reference post Brexit referendum

Supreme Court to determine first CJEU reference post Brexit referendum
Robin Allen QC and Rachel Crasnow QC are in the Supreme Court today [Thursday 7 July] representing Dermod O’Brien QC, the part-time judge whom they have acted for since 2008 and for whom they obtained, for the very first time, a judicial pension although he was always only part-time.  [See O’Brien v MOJ [2013] ICR 499] A point has arisen conce...
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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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Caspar Glyn QC to speak at the ILS Annual Oxford Conference

Caspar Glyn QC to speak at the ILS Annual Oxford Conference
Cloisters is delighted to be involved in this year’s Industrial Law Society’s (ILS) Annual Conference at St Catherine’s College, Oxford. The conference will run from Friday 16 September to Sunday 18 September 2016. Caspar Glyn QC will be giving a plenary lecture on the latest key employment law issues. Other confirmed speakers will be Dr ...
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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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Employment status update

Employment status update
by Nathan Roberts Despite streams of case law on the status of workers and employees, new issues and principles keep emerging. On the horizon is litigation between various app-based companies and their users as to worker status. Litigation has also recently been brought by the Independent Workers Union of Great Britain on behalf of cycle couriers s...
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Caspar Glyn QC successfully defends Leyton Orient Football Club against Director of Football’s Wrongful Dismissal claim

Caspar Glyn QC successfully defends Leyton Orient Football Club against Director of Football’s Wrongful Dismissal claim
Working with Liz Ellen, Head of Sport at Mishcon de Reya, Caspar Glyn QC successfully defended Leyton Orient against Mauro Milanese’s claim for wrongful dismissal. The Judge found, after cross-examination, that Mr Milanese had a track record of dishonesty and was prepared to lie when confronted with uncomfortable truths. The Judge held that Leyton ...
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Caspar Glyn QC secures Will Chudley’s appearance in Saturday’s Premiership Final

Caspar Glyn QC secures Will Chudley’s appearance in Saturday’s Premiership Final
Caspar Glyn QC successfully represented Exeter Chief’s scrum half, Will Chudley, for a citing hearing on Tuesday 24 May. Mr Chudley was the Man of the Match in the Chief’s victory over Wasps in the Semi Finals and has been ever present in the team this season. He was cited for allegedly kicking Joe Launchbury contrary to the laws of the game. It wa...
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Reasonable adjustments: exercising the right to be heard

Reasonable adjustments: exercising the right to be heard
John Horan considers a decision concerning the United Nations Convention on the Rights of Persons with Disabilities and the Equal treatment bench book, and the lessons that can be learned from it by the lawyers of disabled people seeking to use tribunals and courts in this country. In Rackham v NHS Professionals Limited UKEAT/0110/15 , 16 December ...
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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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Akua Reindorf addresses the annual conference of the Council of Employment Judges

Akua Reindorf addresses the annual conference of the Council of Employment Judges
Akua Reindorf was invited to address the annual conference of the Council of Employment Judges in Harrogate on 7 May 2016. She spoke on the subject of “Working Abroad and Territorial Jurisdiction”, joining distinguished speakers HHJ Peter Clark, HHJ Jenny Eady, HHJ Mary Stacey, Lord Justice Ryder and Sean Jones QC.   Cloisters  has signif...
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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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How is ‘Employment’ defined under the Equality Act 2010?

How is ‘Employment’ defined under the Equality Act 2010?
What is employment under the Equality Act 2010? Adam Ohringer considers the recent judgment of the Court of Appeal in Secretary of State for Justice v Windle [2016] EWCA civ 459   It always strikes me as amusing that employment lawyers have such difficulty defining what employment actually is.  Maybe it is like asking a biologist: ‘what i...
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Caspar Glyn QC acts successfully for fire service in false claim of harassment and unfair dismissal case

Caspar Glyn QC acts successfully for fire service in false claim of harassment and unfair dismissal case
Caspar Glyn QC acted successfully for South Wales Fire and Rescue Service in refuting claims that a former employee had been  harassed, unfairly treated and dismissed due to his mixed race and for making a protected disclosure. After cross-examination by Caspar, the former South Wales firefighter, Michaele Lloyd dropped his claims. The Employm...
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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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The Bar and shared parental leave

The Bar and shared parental leave
by Rachel Crasnow QC Since Shared Parental Leave (SPL) came into force a year ago on 5 April 2015, I have written, lectured and advised widely about this new legal entitlement. The people I have not engaged with much about SPL are barristers - for the key reason that as self-employed professionals rather than employees, they are excluded from this ...
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Jason Galbraith-Marten QC and Sarah Fraser Butlin act for cycle couriers in fundamental challenge to courier industry’s employment practice

Jason Galbraith-Marten QC and Sarah Fraser Butlin act for cycle couriers in fundamental challenge to courier industry’s employment practice
Jason Galbraith-Marten QC and Sarah Fraser Butlin are instructed by the Independent Workers Union of Great Britain (IWGB) to act for a number of cycle couriers who are bringing claims against some of the major courier companies.   The cycle couriers are claiming holiday pay and seeking a written statement under s1 Employment Rights Act 1996 to...
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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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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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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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Being deterred from membership of an independent trade union: Court of Appeal, again, considers the case of Mr Bone

Being deterred from membership of an independent trade union:  Court of Appeal, again, considers the case of Mr Bone
Sarah Fraser Butlin reviews the recent judgment of the Court of Appeal in the long-running litigation in Bone v North Essex Partnership NHS Foundation Trust .  Mr Bone was the leading light of the Workers of England Union (WEU) and brought claims of race discrimination, which were all dismissed, and of detriment under s146 TULRCA 1992.  T...
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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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Cox v MoJ: Vicarious Liability Extension in Christian Brothers Case Approved by Supreme Court

Cox v MoJ: Vicarious Liability Extension in Christian Brothers Case Approved by Supreme Court
By Catriona Stirling Vicarious liability has been considered by our highest courts in a flood of cases in recent years and the law has taken another step forward with today’s judgments from the Supreme Court in the conjoined appeals of Mohamud v WM Morrison Supermarkets plc [2016] UKSC 11 (in which the appeal was successful) and Cox v Ministry of J...
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The Court of Appeal in Griffiths: Malcolm comparison 'inapt' for reasonable adjustment cases

The Court of Appeal in Griffiths: Malcolm comparison 'inapt' for reasonable adjustment cases
In the disability discrimination decision of Griffiths v Secretary of State for Work and Pensions , the Court of Appeal provides helpful guidance on the proper comparator in reasonable adjustments cases. Rachel Crasnow QC and Sarah Fraser Butlin suggest that the Court’s conclusion – that the comparator is not akin to that in Malcolm – mus...
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Mohamud: The Plates of Vicarious Liability Shift Again

Mohamud: The Plates of Vicarious Liability Shift Again
By Catriona Stirling Vicarious liability has been considered by our highest courts in a flood of cases in recent years and the law has taken another step forward with today’s judgments from the Supreme Court in the conjoined appeals of Mohamud v WM Morrison Supermarkets plc [2016] UKSC 11 (in which the appeal was successful) and Cox v Ministry of J...
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Cloisters’ Joel Donovan QC and Adam Ohringer win definitive guidance on vicarious liability in Mohamud v Morrison Supermarkets

Cloisters’ Joel Donovan QC and Adam Ohringer win definitive guidance on vicarious liability in Mohamud v Morrison Supermarkets
The Supreme Court’s judgment in the case of Mr A M Mohamud (in substitution for Mr A Mohamud (deceased)) (Appellant) v WM Morrison Supermarkets plc (Respondent) – UKSC 2014/0087 on appeal from the Court of Appeal  was handed down this morning. The Court unanimously allows the Claimant’s appeal and holds the Respondent vicariously liable for th...
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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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Settling Injury to Feelings: A Taxing Time

Settling Injury to Feelings: A Taxing Time
Tom Gillie , a pupil at Cloisters, considers the recent Upper Tribunal (Tax and Chancery Chamber) judgment in Moorthy v HMRC [2016] UKUT 13 TCC in respect of taxation on injury to feelings payments. Introduction Until recently, you could be forgiven for thinking that sums paid as settlement for injury to feelings were tax exempt. That forgiveness s...
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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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CMOs Revisited: Case Management Orders in the Employment Tribunals

CMOs Revisited: Case Management Orders in the Employment Tribunals
Adam Ohringer  considers the recent judgment of the EAT in Serco Ltd v Wells .   Employment Tribunals routinely make Case Management Orders (“CMOs”) for the fair and efficient determination of claims.  CMOs may be made on the papers or at a preliminary hearing.  In complex cases, there may be more than one preliminary hearing as...
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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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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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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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Spying on Employees: Has the European Court of Human Rights really given carte blanche to employers?

Spying on Employees: Has the European Court of Human Rights really given carte blanche to employers?
Schona Jolly looks at the recent judgment in Barbulescu v Romania . British newspapers have been swirling with scaremongering stories that suggest the right to privacy in the workplace is dead. This week, the European Court of Human Rights gave an interesting judgment in Barbulescu v Romania which has led to media speculation that ‘Europe’ now give...
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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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Copy to Self @ home – BE CAREFUL!

Copy to Self @ home – BE CAREFUL!
Sally Cowen  considers the recent High Court Judgment in Farnan v Sunderland Association Football Club Ltd [20 15] EWHC 3759 (QB). We’ve all advised clients to make sure that they accumulate evidence of the breach of trust and confidence they allege. Following  Brandeaux Advisers v Chadwick [2010] All ER 235 and Tokio Marine Kiln Insuranc...
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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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Beckford: Clarity as to 10% uplift on general damages in the Tribunal?

Beckford: Clarity as to 10% uplift on general damages in the Tribunal?
Olivia-Faith Dobbie  comments on why the Simmons v Castle saga continues in Beckford . Introduction In Simmons v Castle  [2012] EWCA Civ 1039, the Court of Appeal (CA) declared that: “…with effect from 1 April 2013, the proper level of general damages in all civil claims for (i) pain and suffering, (ii) loss of amenity, (iii) physical inc...
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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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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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Database rights: ownership, breaches and remedies

Database rights: ownership, breaches and remedies
There is, at common law, no property in information ( Oxford v Moss [1978] 68 Cr App Rep 183).  An employer may want to use database rights where traditional restrictive covenant approaches to protecting a business interest will not succeed.  In this article Declan O’Dempsey covers some of the ways in which an employer can use the Databas...
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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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What does 'qualifying disclosure' mean in the context of whistleblowing legislation?

What does 'qualifying disclosure' mean in the context of whistleblowing legislation?
In this month’s ELA briefing, Sheryn Omeri (together with James Laddie QC of Matrix) considers the meaning of “qualifying disclosure” in the context of whistleblowing legislation. Section 43B of the Employment Rights Act defines a qualifying disclosure as a disclosure of information which, in the reasonable belief of the worker making the disclosur...
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Daphne Romney QC to talk on recent surprising developments in discrimination law at ILS event

Daphne Romney QC to talk on recent surprising developments in discrimination law at ILS event
Daphne Romney QC will be giving a talk on the latest surprising developments in discrimination law at the ILS meeting in Edinburgh on 22 October 2015. Her course will consider whether the Court of Appeal will reverse the unwelcome re-appearance of Malcolm into disability discrimination in Griffiths v SSWP . Why is abstaining from fizzy drinks not f...
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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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Righting discriminatory pension schemes: Does the EU “future effects” or “no retrospectivity” principle win?

Righting discriminatory pension schemes: Does the  EU “future effects” or “no retrospectivity” principle win?
Claire McCann considers the Court of Appeal judgment in O’Brien v Ministry of Justice and Walker v Innospec & Ors , which deals with the question of whether rights under the EU Part-time Workers Directive and the Framework Directive can be retrospective in the complex area of entitlement to pensions. In these joint cases, the Court of Appeal co...
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Are sleep-in workers entitled to the national minimum wage?

Are sleep-in workers entitled to the national minimum wage?
Anna Beale reflects on the recent EAT Judgment concerning national minimum wage for “sleep-in” workers doing “salaried hours work” in a residential care home: Shannon v Rampersad & Rampersad t/a Clifton House Residential Home The question of whether workers who “sleep-in” overnight at their workplace are entitled to the minimum wage for some or...
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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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Robin Allen QC shortlisted 'Employment Silk of the Year' for Legal 500 Awards 2015

Robin Allen QC shortlisted 'Employment Silk of the Year' for Legal 500 Awards 2015
Robin Allen QC has been shortlisted for Employment Silk of the Year for the 2015 Legal 500 UK awards. Robin, Head of Cloisters, specialises in employment, equality, discrimination, human rights, public law and local authority work. He has twice been named Chambers and Partners' "Employment Law QC of the Year" and has appeared in 145 reported c...
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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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Jurisdiction battles: Employment rules win

Jurisdiction battles: Employment rules win
Jacques Algazy QC , an expert at Cloisters on international and territorial jurisdiction and conflicts of laws, comments on the recent judgment of the European Court of Justice below.   In Ho lterman Ferho Exploitatie BV and others v Spies von Bullesheim C-47/14 , the CJEU definitively ruled in favour of the jurisdiction provisions applicable ...
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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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Rachel Crasnow QC to speak at Addleshaw Goddard's Employment Group seminar

Rachel Crasnow QC to speak at Addleshaw Goddard's Employment Group seminar
Cloisters’ Rachel Crasnow QC will be speaking at Addleshaw Goddard’s annual Employment Group Training Day for in-house employment lawyers and HR professionals on 15 October 2015. Rachel’s session ‘Fighting for adjustments - 20 years of disability discrimination’  will offer guidance through how the law has developed over the last 20 years.&nbs...
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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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Rachel Crasnow QC speaker at MBL Employment Law Conference 2015

Rachel Crasnow QC speaker at MBL Employment Law Conference 2015
Rachel Crasnow QC will be speaking at the MBL "Employment Law Conference – Review of the Year 2015" on Monday 14 September 2015 at the London Hilton Hotel, 22 Park Lane London W1K 1BE. Rachel’s session will cover the dramatic developments in discrimination law. This conference is 6 CPD hours. 

Does your daily commute count as working time?

Does your daily commute count as working time?
By Jason Galbraith-Marten QC In Whittlestone v BJP Home Support Limited [2014] ICR 275 the EAT held that for those without a permanent place of work, time spent travelling between assignments counted as ‘time work’ for the purposes of the National Minimum Wage Regulations 1999. In Federación de Servicios Privados del sindicato Comisiones obreras (C...
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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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Employment Tribunal fees – a new Scottish dimension

Employment Tribunal fees – a new Scottish dimension
By Brian Napier QC  (Scotland) and Jonathan Mitchell QC (Scotland) The recent rejection by the Court of Appeal to Unison’s challenge to the fee-charging regime that is now part of our employment tribunal system comes as a set-back to all who see fee-charging as a denial of (access to) justice.  This week, however, there is good news for s...
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Chris Milsom acts for former EULEX prosecutor in whistleblowing case

Chris Milsom acts for former EULEX prosecutor in whistleblowing case
Cloisters’ barrister, Chris Milsom , is acting for Marie Bamieh, in her whistleblowing claim against the European Union Rule of Law Mission in Kosovo (EULEX) in the Central London Employment Tribunal. Maria Bamieh, a former prosecutor at EULEX, alleges she was suspended after she blew the whistle on serious corruption taking place within the EU Age...
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Rachel Barrett returns to Cloisters Chambers

Rachel Barrett returns to Cloisters Chambers
Cloisters is delighted to welcome Rachel Barrett back from a year’s secondment to the Supreme Court and Privy Council, where she acted as Judicial Assistant to Lord Wilson and Lord Hodge JJSC. She was closely involved in several high profile cases across Chambers’ areas of practice, including Greater Glasgow Health Board v Doogan [2014] UKSC 68 (co...
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Griffin v Plymouth Hospitals NHS Trust - remedy judgment

Griffin v Plymouth Hospitals NHS Trust - remedy judgment
By Rajiv Bhatt Following the Court of Appeal’s decision ( Griffin v Plymouth Hospitals NHS Trust [2014] EWCA Civ 1240 ) the Employment Tribunal has now handed down its remedy judgment.  Cloisters’ barrister Chris Milsom represented the Claimant at the remedy hearing.  Three points of interest arise from the judgment. Firstly, the revised ...
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The recast Brussels regulation: to sue or not to be sued

The recast Brussels regulation:  to sue or not to be sued
Petter considers the recast Brussels regulation on jurisdiction  and the recognition and enforcement of civil judgments in an employment dispute, and provides useful guidance on the ambit of the regulation and the availability of an anti-suit injunction to enforce it...   To read the full article by Cloisters' Jacques Algazy QC ...
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Catherine Casserley appointed specialist adviser to the House of Lords’ Equality Act 2010 and Disability Select Committee

Catherine Casserley appointed specialist adviser to the House of Lords’  Equality Act 2010 and Disability Select Committee
Cloisters is delighted to announce that Catherine Casserley has been appointed specialist adviser to the House of Lords’ Equality Act 2010 and Disability Select Committee.  This is a part-time role and Catherine remains in full-time practice at Chambers. The Select Committee was appointed on 11 June to consider the impact of the Equality Act 2...
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Care staff not transferred when new reduced service starts

Care staff not transferred when new reduced service starts
Sally Cowen successfully represented the new care provider in this test of when staff TUPE to a new provider within the care industry. This will have impact on many re-tender situations in the care industry, where cutbacks are being made to the service provided. The ET (Leicester) has decided that where a re-tender exercise for housing support serv...
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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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Robin Allen QC to speak at the Industrial Law Society’s Annual Oxford Conference 2015

Robin Allen QC to speak at the Industrial Law Society’s Annual Oxford Conference 2015
Cloisters' Robin Allen QC  is to speak at the Industrial Law Society’s Annual Oxford Conference  being held at St Catherine’s College Oxford on 25-27 September 2015. This event  will cover the following topics: -Conflict of rights in the discrimination field; -Restrictive covenants; -Individual v collective rights; -Settlement a...
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Chris Milsom appears in judicial review on child soldiers and age discrimination

Chris Milsom appears in judicial review on child soldiers and age discrimination
By Rajiv Bhatt Cloisters’ Chris Milsom i s currently being led by Matrix Chambers’ David Wolfe QC in a judicial review of the army’s minimum service requirements for minors.  The case has been brought by Child Soldiers International (CSI), an NGO concerned with the involvement of children in armed conflict. It has already generated considerabl...
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Voluntary overtime: the beginning of the end of the ray of light

Voluntary overtime: the beginning of the end of the ray of light
By Jacques Algazy QC The judgement of the Northern Ireland Court of Appeal  (“NICA”) in Patterson  v Castlereagh Borough  Council marks the latest stage in the evolution of the case law on the calculation of holiday pay  and the concept of “normal remuneration” for the purpose of reckoning the appropriate entitlement. The Northe...
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Peripatetic workers get a lift (home)

Peripatetic workers get a lift (home)
By Sally Cowen The Advocate General gave an opinion last week, stating that the time taken by peripatetic employees travelling to and from their first/last appointments to home should have that time considered as ‘working time’ under Article 2 of 2003/88/EC Directive ( Federación de Servicios Privados del sindicato Comisiones Obreras Case C-266/14 ...
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Using the Protection from Harassment Act in the employment field

Using the Protection from Harassment Act in the employment field
Akua Reindorf and David Massarella discuss how the Protection from Harassment Act 1997 is a flexible tool which can be used by employment practitioners in situations that the more familiar harassment provisions in the Equality Act 2010 cannot cover. It was originally created to target stalkers, but the definition of 'harassment' within the PHA is b...
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SPLash (advice on shared parental leave) website now LIVE

SPLash (advice on shared parental leave) website now LIVE
By Claire McCann An alliance of organisations with expertise in employment law and issues affecting parents at work have created SPLash, a website dedicated to providing advice on the new rights relating to shared parental leave.  The legislation governing these rights can be complex to navigate and SPLash hopes to provide much needed clarific...
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Professional discipline and the right of appeal

Professional discipline and the right of appeal
By Adam Ohringer Appeals against many professional disciplinary tribunals lie to the High Court. CPR PD 52D lists the bodies over which the court exercises a supervisory role. Through what could only have been an oversight, the list omits appeals against decisions taken by the Secretary of State for Education in respect of teachers under s.141B of ...
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The CJEU confirms meaning of “establishment”

The CJEU confirms meaning of “establishment”
By Jacques Algazy QC & Claire McCann In the Woolworths  case, the CJEU has confirmed that under the EU Directive on Collective Redundancies an employer’s obligations are triggered in respect of the single employing unit to which the affected employees are assigned and has declined to deal with the question of vertical direct effect. Backgr...
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Embedded communications and protected disclosures: the law following Barton v Royal Borough of Greenwich

Embedded communications and protected disclosures: the law following Barton v Royal Borough of Greenwich
By Rajiv Bhatt In the recent case of Barton v Royal Borough of Greenwich UKEAT/0041/14/DXA (in which the respondent was represented by Cloisters’ barrister Sheryn Omeri ) the claimant came to find out that his line manager had emailed documents which contained personal data to what he thought was her unsecured home email address.  He considere...
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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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Radio 4 Unreliable Evidence: Clive Anderson asks Sarah Fraser Butlin what law can do for the gender pay gap

Radio 4 Unreliable Evidence: Clive Anderson asks Sarah Fraser Butlin what law can do for the gender pay gap
In “Unreliable Evidence”, broadcasted on BBC Radio 4 on 13 May 2015, Clive Anderson and a panel of senior legal experts discussed the apparent failure of the Equal Pay Act 1970 to bridge the gender pay gap.  Amongst those taking part was Cloisters barrister,Vice Chair of the Industrial Law Society and Cambridge academic Sarah Fraser Butlin who...
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British Gas appeals against inclusion of commission in holiday pay in Lock

British Gas appeals against inclusion of commission in holiday pay in Lock
By Chesca Lord Last week, Eversheds announced that their client British Gas had lodged an appeal against the recent Employment Tribunal Judgment in Lock v British Gas . Eversheds stated that the appeal is on the following two grounds: “ 1. Commission and non-guaranteed overtime are dealt with under different provisions, which use different language...
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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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Five Cloisters' Silks join 22 QC panel to update on Hot Employment Issues for 2015-2016

Five Cloisters' Silks join 22 QC panel to update on Hot Employment Issues for 2015-2016
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 expert panel who will update d...
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When do collective redundancy consultations rules apply to a chain of shops?

When do collective redundancy consultations rules apply to a chain of shops?
  USDAW v Woolworths C-80/14 By Declan O'Dempsey Today the CEJU handed down its judgment on C‑80/14 Union of Shop, Distributive and Allied Workers (USDAW) , B. Wilson v WW Realisation 1 Ltd, in liquidation , Ethel Austin Ltd , Secretary of State for Business, Innovation and Skill s.  Since the Advocate General’s Opinion in [5/2/15] the ex...
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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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Caspar Glyn QC and Tom Brown succeed in appeal for University College Union: collective consultation duty applies to fixed-term employees

Caspar Glyn QC and Tom Brown succeed in appeal for University College Union: collective consultation duty applies to fixed-term employees
University and College Union v University of Stirling When are proposed dismissals for reasons not related to the individuals concerned? This is the question that employers, trade unions and Employment Tribunals must address when considering whether an employer is obliged to consult about collective redundancies, because it is only when a dismissal...
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First toe in the water of ‘ In The Public Interest’

First toe in the water of ‘ In The Public Interest’
Chestertons v  Nurmohammed By Daphne Romney QC In order to qualify as a protected disclosure, a disclosure must be a qualifying disclosure, namely that it must fall within the categories listed in section ERA 1996 43B(1) as inserted by the Public Interest Disclosure Act 1998, and now re-amended by the Enterprise and regulatory reform Act 2013....
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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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Cloisters responds to public consultation by the European Commission on its review of the Working Time Directive

Cloisters responds to public consultation by the European Commission on its review of the Working Time Directive
A team of four Cloisters’ barristers, Claire McCann , Olivia Dobbie , Sian McKinley and Chesca Lord , have co-written a response to the public consultation by the European Commission in connection with its review of the Working Time Directive.  The consultation was announced in December 2014 and concluded on 18 March 2015.  Here is a...
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Holiday Pay Claims: the end of the beginning? Or the beginning of the end?

Holiday Pay Claims: the end of the beginning? Or the beginning of the end?
Caspar Glyn QC and Daniel Dyal On Monday 13 April 2015, Caspar Glyn QC and Daniel Dyal will address the Employment Lawyers Association in an evening training session in London on the hot topic of holiday pay. Here are a few tasters of the issues they will discuss and links to some of the source materials: -       ...
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Whistleblowing: How to fight and win under the new law

Whistleblowing: How to fight and win under the new law
Cloisters’ barrister Caspar Glyn QC and former Chair of the Industrial Law Society will give a talk on Whistleblowing at the Radisson Edwardian Hotel, Free Trade Hall in Manchester on 28 April 2015 at 6pm. Caspar will analyse the changes following the biggest shake-up to whistleblowing legislation in 2013 and will predict how the courts w...
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Holiday Pay Claims: The beginning of the end? Or merely the end of the beginning?

Holiday Pay Claims: The beginning of the end? Or merely the end of the beginning?
Cloisters barristers,  Caspar Glyn QC and Daniel Dyal , will conduct an evening seminar for the Employment Lawyers Association (ELA) on the topic of  Holiday Pay Claims on Monday 13 April 2015 at the Royal College of Surgeons, Lincoln's Inn Fields. London Their talk will analyse where we are, suggest where we are going and ...
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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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Clarkson, the BBC and employer’s liability

Clarkson, the BBC and employer’s liability
 By  Jason Galbraith-Marten QC  and Rachel Crasnow QC Tony Hall, the BBC’s Director General, announced on 25 March that Jeremy Clarkson's contract will not be renewed after an "unprovoked physical attack" on a Top Gear producer, Oisin Tymon. It is widely reported that Mr Clarkson has hired lawyers, presumably to advise him about his ...
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From Luxembourg to Leicester

From Luxembourg to Leicester
Judgment of the Employment Tribunal in Lock v British Gas (25 March 2015) Commission payments should be included in holiday pay, according to Leicester ET By Adam Ohringer When Lock v British Gas [2014] ICR 813 was considered by the Court of Justice of the European Union (“CJEU”) the principle behind the calculation of holiday pay appeared clear: “...
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Three Cloisters’ barristers elected on Industrial Law Society’s executive committee

Three Cloisters’ barristers elected on Industrial Law Society’s executive committee
Chambers is delighted to congratulate Sarah Fraser Butlin who was elected  Vice Chair of the Industrial Law Society at its recent elections. She is joined by Anna Beale who is the newly elected Secretary and Declan O’Dempsey on the executive  committee. Sarah Fraser Butlin is  and employment specialist ‘noted for her strength at appe...
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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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Rachel Crasnow QC and Yvette Genn speak at Law Management Section HR forum

Rachel Crasnow QC and Yvette Genn speak at  Law Management Section HR forum
Cloisters barristers Rachel Crasnow QC and Yvette Genn are invited to speak at the Law Society’s Law Management Section HR Forum on Tuesday 24 March 2015. Rachel’s talk will cover gender and diversity highlighting issues of: Equal pay – spotlight on law firms Equalising pay Gender and diversity balance – practical steps Yvette will talk about flexi...
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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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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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Rachel Crasnow QC to speak at the Industrial Law Society's One Day Spring Conference -Saturday 25 April 2015

Rachel Crasnow QC to speak at the Industrial Law Society's One Day Spring Conference -Saturday 25 April 2015
Rachel Crasnow QC , Cloisters barrister, is to speak on the topic of " Fighting for Adjustments: twenty years of the DDA" at the ILS One Day Spring Conference which continues to deal with the cutting edge legal issues that affect the worker; from all sides of the debate.  Line-up of speakers include Sir Brendan Barber, Chair of ACAS ...
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Debunking banking

Debunking banking
Do you know what 'derivatives' means? ...or  'FOREX'...or 'futures'...or  'positions'?  No? Then you are not alone and all will be explained at an informal briefing in the famous Dispensary on the 19th March between 2.30pm - 4.30pm at Leman Street London E1 when Cloisters employment barrister,   Jason Galbraith-Marten QC , ...
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Old vicarious liability rekindled

Old vicarious liability rekindled
By Nathaniel Caiden Recent case law on imposing vicarious liability seems to have suggested a wider test for vicarious liability.  The recent case law has seemingly extended the range of cases including those where the relationship is one “akin to employment”: Catholic Child Welfare Society v Various Claimants [2012] UKSC 56; [2013] 2 AC 1 and...
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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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Disclosure – pulling your head out of the sand

Disclosure – pulling your head out of the sand
In this article Cloisters' barrister  Paul Epstein QC comments on what disclosure actually means and what the obligations are in the Employment Tribunal. He discusses the different types of disclosure, the new CPR test and what parties need to do.   1. What is disclosure? An obvious point, really, but sometimes little appreciated. To a pu...
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Is promise to double length and rate of paternity leave effective?

Is promise to double length and rate of paternity leave effective?
Cloisters' barrister Rachel Crasnow considers Labour party’s announcement on 9 February that a future Labour government would double paternity leave to four weeks and also double the current rate of paternity pay. The aim is to ensure the money available is as good as the national minimum wage. The current eligibility is for two weeks’ paternity le...
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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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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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Successful appeal against dismissal automatically revives contract of employment

Successful appeal against dismissal automatically revives contract of employment

Cloisters’ barrister Nathaniel Caiden appeared for the successful appellant in Salmon v Castlebeck Care (Teesdale) Ltd and Ors, an important judgment from the Employment Appeal Tribunal about the effect of a successful appeal on an employee’s contract of employment.

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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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Paul Epstein QC and Caspar Glyn QC speak at the SJ Live Legal Event

Paul Epstein QC and Caspar Glyn QC speak at the SJ Live Legal Event
Cloisters' silks, Paul Epstein QC and Caspar Glyn QC   jointhe legal professions most respected figures to speak at the Solicitors Journal SJ Live two day legal event on 25 th February 2015 at Canary Wharf, London. Paul’s talk entitled ‘Holiday Pay: Holidays from hell’ will cover holidays and sickness, what is included in the calcula...
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Supreme Court to consider scope of 'collective redundancies'

Supreme Court to consider scope of 'collective redundancies'
Cloisters' barristers, Caspar Glyn QC and Tom Brown , are acting for the University and College Union in an appeal to be heard by the Supreme Court on Wednesday 21 January 2015. Brian Napier QC , also of Cloisters, appears for the Respondent. The case - University and College Union v University of Stirling (Case ID: UKSC 2014/0067) - will consider ...
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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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Cloisters’ Robin Allen QC heads IRLR’s all-time top advocates list

Cloisters’ Robin Allen QC heads IRLR’s all-time top advocates list
Cloisters’ Head of Chambers, Robin Allen QC , is listed as the clear leader in argued cases reported in the Industrial Relations Law Reports’ with 145 appearances reported in IRLR from its inception in 1972 to 2014 as recorded in Equal Opportunities review  January 2015. Cloisters members who are also listed for appearing over 10 times as...
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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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The Deduction from Wages (Limitation) Regulations 2014

By Daniel Dyal and Chesca Lord

Following the decision of the Employment Appeal Tribunal in Bear Scotland, the Government announced that it would set up a task force to mitigate the impact of the decision on businesses. This has culminated in The Deduction from Wages (Limitation) Regulations 2014

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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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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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Settling a taxing point about taxation of settlement agreements

If you are an advisor who only occasionally dabbles with tax issues in settlements for fear of having to delve into murky tax law, take note of a recent decision providing a lucid summary of the relevant principles. The case is also a cautionary tale for claimants challenging tax assessments as the claimant’s unsuccessful challenge before the First-Tier Tax Tribunal (FTT) resulted in a tax bill larger than the one sent to him by HMRC. If Oti-Obhihara [2011] IRLR 386 and Orthet v Vince Cain [2005] ICR 374 ring a distant bell from advising on settlements past, they should now be retuned to the sound of alarm bells as the FTT in Moorthy v HMRC [2014] UKFTT 834 (TC) has doubted their correctness.

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

by Tamar Burton

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

By Daniel Dyal

Introduction

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

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

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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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Does the fact that a claim is one of whistleblowing rather than ordinary unfair dismissal matter when you’ve got to think about territoriality?

By Sarah Fraser Butlin

The simple answer is no.

In a case with both sides represented by Cloisters barristers, the President of the EAT (himself the ex-Head of Chambers) held that the test is exactly the same. The fundamental basis for an unfair dismissal claim lies in section 94. There is no reason for the automatic nature of the dismissal in s103A to modify the approach to territoriality.

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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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Whistleblowing - time starts to run as soon as decision/act occurs, says EAT

Whistleblowing - time starts to run as soon as decision/act occurs, says EAT
Does time start to run (under s48(3)) when the employer makes a decision, or when the employee is told of it, in a whistleblowing claim (not dismissal)? McKinney v London Borough of Newham (UKEAT/0501/13/LA) (EAT) by Sally Cowen Cloisters Chambers' barrister Declan O’Dempsey represented the Claimant in this appeal under the pro bono Employment Law ...
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Voluntary overtime and holiday pay: a ray of light for employers?

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

by Jennifer Danvers Frequently limitation will be a key issue in noise-induced hearing loss (“NIHL”) cases. The following issues arise:        when does the 3 year time limit run from, in other words:       when did the cause of action accrue; or       if later, when di...
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Fair Treatment and Foreseeability: A Game of Two Halves in Yapp v Foreign And Commonwealth Office

By Chris Milsom The setting of the Court of Appeal’s recent decision in Yapp v Foreign and Commonwealth Office [2014] EWCA Civ 1512 may be exotic, but the principles are universal. In upholding the decision of the High Court, the CA has illustrated the potency of the principle of fair treatment in employment. In allowing the FCO appeal, however, it...
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Vicarious liability, individual responsibility and the employer's statutory defence roadshow talks

Jason Galbraith-Marten QC , Cloisters and former Chair of the Industrial Law Society will give a series of talks analysing the concept of vicarious liability both at common law and under statute, notably the Equality Act 2010, and in particular how two different approaches first converged but now appear to be diverging again is a roadshow of talks ...
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Advocate General rejects UK challenge to EU legislation capping bankers’ bonuses

Advocate General rejects UK challenge to EU legislation capping bankers’ bonuses
By Anna Beale In an Opinion delivered today, [1] Advocate General Jääskinen has rejected the UK’s challenge to the provisions in the EU’s “Capital Requirements” legislation (comprising Directive 2013/36/EU and Regulation (EU) No 575/2013) which purport to regulate the amount of bankers’ bonuses and promote greater transparency in relation to remune...
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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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Why the Supreme Court’s decision in Preston is conceptually confused

Cloisters’ barrister Sarah Fraser Butli n considers the Supreme Court’s decision which held that there was no employment contract between the Methodist Church and its minister. Read Sarah’s commentary in November's Industrial Law Journal. Extract: This paper considers the case of The President of the Methodist Conference v Preston and suggests that...
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Supreme Court grants permission to appeal in Taiwo v Olaigbe

The migrant domestic worker who suffered mistreatment and victimisation by her employers has been granted leave to appeal to the Supreme Court. Cloisters’ barristers Robin Allen QC  Head of Chambers and Christopher Milsom will represent the Appellant in this leading case. For background news on case development go to Cloisters news: Taiwo v Ol...
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Daphne Romney QC at Cloisters acts in the first Scottish multiple equal pay claim to reach the employment tribunal remedy stage

The remedies hearing on the second wave of the pay case representing 363 claims dating from 2001 to 2007 against North Lanarkshire Council, raised examples of women working in the social care service being paid less than men doing the same job. The two day hearing took place in Glasgow. Ms Daphne Romney representing the claimants argued strong...
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Holiday pay: What about back pay?

Ahead of this week’s EAT judgment in Bear Scotland Ltd v Fulton and Baxter, Hertel (UK) Ltd v Wood and others and Amec Group Limited v Law and others , employers feared the prospect of crippling retrospective pay claims dating back up to 16 years. Businesses and their representatives breathed a collective sigh of relief upon reading [81], which sai...
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Holiday Pay Judgment: What it means for you

by Olivia-Faith Dobbie On 4 November 2014, the Employment Appeal Tribunal (EAT) handed down its decision in Bear Scotland Ltd v Fulton and Baxter, Hertel (UK) Ltd v Wood and others and Amec Group Limited v Law and others . It is a ground-breaking decision which gives some clarity to various European Judgments on the issue. The key points to take fr...
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Holiday pay – the great miscalculation

Following the Judgment of the Employment Appeal Tribunal in Bear Scotland v Fulton (UKEATS/0046/13/BI) it is likely that millions of employees have been underpaid their holiday pay. The EAT decided that EU law requires that pay for both guaranteed and non-guaranteed overtime to be taken into account when determining the normal rate of pay to which ...
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2014 Equality and Employment Update: Focusing on Legal Status, Disability and Flexible Working

On 14 October 2014, Rachel Crasnow , Sarah Fraser Butlin , and Sally Robertson delivered a 2014 Equality and Employment Update (which focused on legal status, disability and flexible working) as part of Cloisters’ Autumn Seminar Series. The paper accompanying this update, which was written by the speakers and Declan O’Dempsey , can be accessed here...
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One teacher two governors?

Since the decision of the Court of Appeal in Murphy v Slough Borough Council [2005] ICR 721 it was believed that employees of schools with devolved budgets could only be disciplined by their schools and not by the local authority.  The recent decision of Supperstone J in Davies v London Borough  of Haringey [2014] EWHC 3393 (QB) challenge...
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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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With the right to give notice of intention to share parental leave fast approaching, Anna Beale unravels the complexities of the new shared parental leave legislation

Important new rights for parents to effectively share the mother’s maternity leave are due to come into force in respect of babies due on or after 5 th April 2015. This may seem some way off at present, but employers should be aware that employees will be able to give notice of their intention to share parental leave in respect of such children fro...
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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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New right to accompany partner to antenatal appointments

Currently if a father or partner of a pregnant employee wants to accompany their partner to attend an antenatal appointment, they have to use up holiday entitlement. After 1 October, they will gain the right to statutory time off – albeit unpaid- during working hours, to accompany the pregnant woman to two such appointments. This new right is pursu...
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In-house costs in ET…status quo remains as EAT deems recoverable

Cloisters’ Nathaniel Caiden (instructed by Wragge Lawrence Graham & Co LLP ) represented the Appellant in Ladak v DRC Locums Ltd .   In a significant judgment that clarifies the position on the recovery of costs of employed representatives, the Employment Appeal Tribunal found that the costs of an in-house legal representative were re...
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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

Rachel Crasnow and Robin Allen QC together with a team from Cloisters have written a new textbook

Rachel Crasnow and Robin Allen QC together with a team from Cloisters have written a new textbook
Rachel Crasnow and Robin Allen QC together with a team from Cloisters have written a new textbook for Jordan's Publishing entitled "Family Rights at Work : A Guide to Employment Law" – published in 2012- and are delivering further training on this on 13 March 2013

Robin Allen QC and Rachel Crasnow have written Employment Law and Human Rights

Robin Allen QC and Rachel Crasnow have written Employment Law and Human Rights
Robin Allen QC and Rachel Crasnow have written Employment Law and Human Rights £49.95 (with Anna Beale) OUP, 2nd Edition September 2007)

Philip Engleman (education) and Paul Michell (employment) are specialist contributors to Bullen & Leake & Jacob's Precedents of Pleadings 2008

Philip Engleman (education) and Paul Michell (employment) are specialist contributors to Bullen & Leake & Jacob's Precedents of Pleadings 2008
Philip Engleman (education) and Paul Michell (employment) are specialist contributors to Bullen & Leake & Jacob's Precedents of Pleadings 2008

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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Sarah Fraser Butlin on what Jackson means for employment lawyers

Sarah Fraser Butlin on what Jackson means for employment lawyers
Sarah Fraser Butlin on what Jackson means for employment lawyers, click  here
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Consultation Response on Implementing Employee-Owner Status

Consultation Response on Implementing Employee-Owner Status
Consultation Response on Implementing Employee-Owner Status. Click  here to read more.

Sally Robertson discusses employment tribunals: striking out claims

Sally Robertson discusses employment tribunals: striking out claims
Sally Robertson discusses employment tribunals: striking out claims

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

Holiday pay…CJEU confirms UK’s historic approach limiting to basic pay has been wrong

The CJEU (Court of Justice of the European Union) has today has handed down its decision in Lock v British Gas . The decision confirms that Mr Lock’s holiday pay must include an element to represent the ‘commission’ he would have earned had he been at work for British Gas (rather than on holiday): “ Article 7(1) of Directive 2003/88 must be in...
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Flexible working opened up to all – will it make a difference?

Today, 30 June 2014, flexible working requests can now be made by all. Previously the statutory right was only enjoyed by parents of children under the age of 17 (or 18 if the child is disabled) and certain carers. There has been much press in relation to the issue but will it actually make any difference? Anecdotally, many employees and employers ...
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Whistleblowing law a ‘nudge’ in the right direction

On 25 June 2014, the Government concluded its response to the whistleblowing consultation which it started last year.  In “ Whistleblowing Framework Call For Evidence: Government Response ” it set out the following 9 recommendations that will be taken forward Improved Guidance being given for individuals; Some best practice guidance/non-statut...
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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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