The Latest from Cloisters

News, Publications, Policies, Events and Blogs

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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Cloisters column: Reforming the Soft Tissue Injury (whiplash) Claims Process – Government consultation and reform in the ‘post-truth’ age?

Cloisters column: Reforming the Soft Tissue Injury (whiplash) Claims Process – Government consultation and reform in the ‘post-truth’ age?
Cloisters: Equality and Human Rights in Practic e by Martyn McLeish Recommended reading:   this article on George Osborne’s 2015 proposal. In the 2015 autumn statement the then Chancellor announced proposals for whiplash claims and an increase to the small claims limit in personal injury actions. The Government has now published its Consu...
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Declan O’Dempsey to provide training to the Equality and Human Rights Commission

Declan O’Dempsey to provide training to the Equality and Human Rights Commission
Cloisters is proud to announce that Declan O’Dempsey of Cloisters has been awarded the contract to provide training to the Equality and Human Rights Commission on the use of international treaties in UK law. Catherine Casserley together with Declan will provide the training materials for the course on the 23 rd March this year. The training aims to...
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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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Times are changing - Gender Pay Gap Regulations

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

The Conseil d’État in France has recently overturned a ban on “burkinis”: Is French secularism now under attack?

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

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

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

Race Discrimination and Housing in post-Brexit Britain
In this article  Catherine Casserley and Tom Gillie  consider race discrimination in housing and, in particular, the obligations that landlords have not to discriminate themselves and to take action when their tenants are experiencing discrimination and harassment by other tenants. The reported racist incidents have surged since the ...
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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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Rachel Crasnow QC and Rachel Barrett represent whistleblowing judge in landmark EAT appeal

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

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

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

Disappointment for victims of trafficking
Schona Jolly considers what comes next after the Supreme Court rejects the race discrimination claim in Taiwo v Olaigbe and Onu v Akwiwu “The mistreatment of migrant domestic workers by employers who exploit their employees’ vulnerable situation is clearly wrong”, stated Lady Hale at the start of a judgment which will come as a real disappointment ...
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Brexit and Mrs Webb: Return of the sick man versus pregnant woman?

Brexit and Mrs Webb: Return of the sick man versus pregnant woman?
By Rachel Crasnow QC The EU widened the scope of protection against gender discrimination considerably. Advancements have included protection relating to equal pay, paid time off for antenatal appointments, pregnancy discrimination, parental leave and urgent time off for family reasons, paid maternity leave and the right to equal treatment for part...
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CJEU confirms that certain retirement schemes can discriminate on the grounds of age

CJEU confirms that certain retirement schemes can discriminate on the grounds of age
Dee Masters considers the CJEU’s judgment in C-159/15 Lesar v Telekom Austria AG published on 16 June 2016.  It confirms that employer-run retirement schemes, which completely replace rather than supplement any government benefits related to retirement, can freely discriminate on the grounds of age in relation to entry and exit. Factual backgr...
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Samira Achbita v G4S Secure Solutions NV: a dangerous new concept of direct discrimination

Samira Achbita v G4S Secure Solutions NV: a dangerous new concept of direct discrimination
Declan O’Dempsey considers the opinion of the Advocate General in Case C-157/15 Samira Achbita and Centrum voor gelijkheid van kansen en voor racismebestrijding v G4S Secure Solutions NV . Overview Principles of law should be designed from behind a “veil of ignorance”, not standing on the ramparts of Fortress Europe.  The Advocate General (AG)...
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Supreme Court hears wheelchair user Paulley’s landmark appeal against bus company

Supreme Court hears wheelchair user Paulley’s landmark appeal against bus company
The Supreme Court heard today why bus companies must ensure that wheelchair users like Mr Doug Paulley (represented by Cloisters’ barristers Robin Allen QC and Catherine Casserley ) must have priority in using wheelchair spaces and why bus companies must end ‘first come, first serve’ policies. Facts In February 2012, wheelchair user Mr Paulley trie...
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Cloisters, proud sponsors of the Bob Hepple Equality Award 2016

Cloisters, proud sponsors of the Bob Hepple Equality Award 2016
Cloisters are proud to sponsor the Bob Hepple Equality Award 2016 on 30 June 2016. The event, organised by the Equal Rights Trust and the Industrial Law Society, will take place at Dechert LLP, Queen Victoria Street, London. The Award, established in the name of the late Professor Sir Bob Hepple QC champion of equality and non-discrimination, conti...
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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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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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Robin Allen QC and Prof. Muriel Robison to speak on key Discrimination Law updates at the Forum for Research into Equality and Diversity seminar

Robin Allen QC and Prof. Muriel Robison to speak on key Discrimination Law updates at the Forum for Research into Equality and Diversity seminar
Robin Allen QC and Professor Muriel Robison will provide key Discrimination Law updates for lawyers and HR practitioners at a seminar hosted by the Forum for Research into Equality and Diversity (FRED) in collaboration with the University of Northampton on April 11 2016 at Aston University, Birmingham from 6pm – 8pm. The two-hour course will cover ...
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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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Extension of Right to Shared Parental Leave….

Extension of Right to Shared Parental Leave….
Claire McCann considers this week’s announcement by George Osborne in the March 2016 budget to extend the right to shared parental leave Shared parental leave was introduced for parents of babies due on or after 5 April 2015, allowing mothers to share their leave with their “partner” which is defined in the legislation as “ someone, of either sex, ...
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Limits to the concept of ‘Associative Discrimination’

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

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

Closing the Gap:  Will the gender pay gap information Regulations bring about equality?
Daphne Romney QC  considers how the draft Equality Act 2010 (Gender Pay Gap Information) Regulations 2016 , published last week by the Government, will affect businesses . On 12 February 2016, the Government published the draft Equality Act 2010 (Gender Pay Gap Information) Regulations 2016 , which will affect some 8,000 businesses. This ...
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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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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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Rachel Crasnow QC to speak at the TUC/EOR Discrimination Law Conference 2016

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

Transgender Enquiry Report published today
The Women & Equalities Select Committee today published its Report concluding its Transgender Enquiry which it launched on 27 July 2015 and which received over 230 submissions.  Claire McCann was appointed as a Specialist Adviser to the Enquiry and was asked to provide legal advice in relation to certain aspects of the law relating to tran...
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Proving discrimination: The shifting burden of proof and access to evidence

Proving discrimination: The shifting burden of proof and access to evidence
Anna Beale was invited to speak at the Academy of European Law in Trier, Germany, on the shifting burden of proof and access to evidence in European discrimination law. Her podcast examines the way in which EU law has sought to alleviate the difficulties faced by claimants in discrimination claims – see the link below: http://www.era-comm.eu/anti-d...
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Remedy in Tirkey v Chandhok

Remedy in Tirkey v Chandhok
By Tamar Burton The liability judgment in Tirkey v Chandhok  caught the attention of many legal commentators after the Employment Tribunal awarded Mrs Tirkey £183,773.53 for her National Minimum Wages claim alone. [Click  here  for Cloisters' blog on liability judgment.]  On 4 December 2015 the Employment Tribunal handed down it...
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Dee Masters speaks at Legal-Island's 10th Equality Law Update in Northern Ireland

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

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

Dee Masters to speak at Legal-Island's 10th Equality Law Update in Northern Ireland
Dee Masters is to speak at Legal-Island's 10th Equality Law Update at the Merchant Hotel, Belfast, Northern Ireland on the 2 December 2015. Dee's session will cover Age Discrimination and Goods, Facilities and Services (GFS). Legal-Island's 10th Equality Law Update is an full-day event ( 09:20 - 16:30) that will bring together leading practitioners...
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Declan O’Dempsey to lead workshop at the European Equality Law Network Legal Seminar 2015

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

Why the Government is failing disabled people on access to legal justice
Cloisters’ barrister John Horan discusses why the Government and the courts need to properly apply the UN Convention on the Rights of Persons with Disabilities so that effective measures are put in place to facilitate correct access to justice for disabled people. Currently many disabled people feel that actual access to legal justice and equal rec...
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Qualified but cannot work here? General Teaching Council for Scotland faces recruiting challenge

Qualified but cannot work here? General Teaching Council for Scotland faces recruiting challenge
By Declan O'Dempsey The BBC says former teachers with English teaching qualifications, living in the local military population could be recruited by Moray Council to alleviate staff shortages.  Currently they cannot work because they qualified outside Scotland. The General Teaching Council for Scotland (GTCS) is considering approval of Moray’s...
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Catherine Casserley to speak on Disability and the Equality Act 2010: Removing Barriers to Equality and Human Rights Implementation?

Catherine Casserley to speak on Disability and the Equality Act 2010: Removing Barriers to Equality and Human Rights Implementation?
Catherine Casserley will join an expert panel of speakers at this half-day free event on 4 December 2015 that will focus on what impact legal aid and other reforms are having on the enforcement of disability equality rights (now contained in the Equality Act 2010). This event, jointly hosted by the Centre for Disability Studies and the Centre for L...
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Man wins damages for homophobic abuse by service provider based entirely on gestures

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

Cloisters receives special mention at the Bar Pro Bono Awards 2015
Cloisters received a special mention for its long and extensive commitment to pro bono work at the Bar Pro Bono Awards at the Bar Conference on 17 October 2015. Lord Goldsmith, the Bar Pro Bono Unit President and Chair of the Award judging panel, said  'this is exemplified by their members' collectively taking on over 140 pro bono cases in the...
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Robin Allen QC and Rachel Crasnow QC to speak at the Annual Discrimination Law Conference 2016

Robin Allen QC and Rachel Crasnow QC to speak at the Annual Discrimination Law Conference 2016
Cloisters' Head of Chambers Robin Allen QC and  Rachel Crasnow QC will be covering key issues in discrimination law at the TUC headquarters in London on Friday 22 January 2016 at Congress House, Great Russell Street, London WC1B 3LS. The conference, devised by Michael Rubenstein, is open to discrimination lawyers, Governmen...
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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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How far can charities engage in political campaigning?

How far can charities engage in political campaigning?
Declan O’Dempsey has published a podcast about how far charities can engage in political campaigning.  Here he: Considers how the restrictions in charity law on political activity affect in particular charities concerned with human rights and/or equality.   Covers the guidance issued by the Electoral Commission and by the Charity Commissi...
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Caspar Glyn QC represents claimant in sex discrimination case against World Snooker

Caspar Glyn QC represents claimant in sex discrimination case against World Snooker
Caspar Glyn QC represented Michaela Tabb, a high profile former referee, in her claim against World Snooker for sex discrimination, unfair dismissal and breach of contract. The case Michaela McInnes v World Snooker Ltd settled for an undisclosed sum. For press coverage go to: The BBC Sport: Michaela Tabb court case against World Snooker The Guardia...
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Dee Masters speaks at the Equality Commission NI conference on strengthening protection for all ages

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

Greek Judge strikes a blow for parental leave equality
Case C-222/14 Konstantinos Maïstrellis v Ypourgos Dikaiosynis, Diafaneias kai Anthropinon Dikaiomaton – 16 July 2015 ; blog by  Jacques Algazy QC and Rachel Crasnow QC The Claimant, a male Greek Judge holding the status of a Civil servant, challenged the Greek legislation that provides that a male civil servant is not entitled to paid parenta...
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The CJEU Judgment in CHEZ: Indirect discrimination by association

The CJEU Judgment in CHEZ: Indirect discrimination by association
By Rachel Crasnow QC and Siân McKinley Since C-303/06 Coleman v Attridge Law , a person may bring a claim for direct discrimination if they are treated less favourably because they are associated with a protected characteristic, such as disability or race, even if they do not share that protected characteristic. In C-83/14 CHEZ Razpredelenie B...
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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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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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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 unites with key family rights groups to raise awareness on shared parental leave and pay

Cloisters unites with key family rights groups to raise awareness on shared parental leave and pay
by Claire McCann Cloisters has joined Your Employment Settlement Service(YESS) Law, Maternity Action and Working Families to produce and disseminate vital information on the complex rights associated with shared parental leave which may be taken in respect of babies due to be born on or after 5 April 2015.  The shared parental leave regime is ...
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Court reserves judgment in gay rights v religious beliefs case

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

By Dee Masters and Siân McKinley Overview Since C-303/06 Coleman v Attridg e Law , a person may bring a claim for direct discrimination if they are treated less favourably because they are associated with a protected characteristic, such as disability or race, even if they do not share that protected characteristic. The facts of Coleman provide a c...
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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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Supreme Court considers tests for justification under s15 Equality Act 2010 and Article 8 ECHR in a housing eviction case against a disabled tenant

Supreme Court considers tests for justification under s15 Equality Act 2010 and Article 8 ECHR in a housing eviction case against a disabled tenant
By Catherine Casserley The Supreme Court handed down its decision yesterday in Akerman-Livingstone v. Aster Communities Ltd (formerly Flourish Homes Ltd) [2015] UKSC 15 in which it considered the test of justification for discrimination under section 15 of the Equality Act 2010 (the EqA) as compared with justification for Article 8 of the Conventio...
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Seven members appointed to the Equality & Human Rights Commission Panel of Preferred Counsel

Seven members appointed to the Equality & Human Rights Commission Panel of Preferred Counsel
All Cloisters' employment specialists are experts in the area of  E quality Law , so we are delighted to announce that seven of its members have been appointed to the Equality and Human Rights Commission’s (EHRC) new Panel of Preferred Counsel.  They are: Robin Allen QC ;  Paul Epstein QC  ;  Declan O’Dempsey ;  Cather...
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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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Rachel Crasnow to talk on pregnancy and maternity leave issues to the Employment Lawyers Group NI

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

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

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

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

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

Women on the front line

by Andrew Buchan

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

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First case in EAT to consider caste-based discrimination

First case in EAT to consider caste-based discrimination

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

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

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Obesity and disability following Kaltoft

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

Cloisters barristers, Rachel Crasnow and Sarah Fraser Butlin discuss.

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Focus on the effects and not the cause

Focus on the effects and not the cause

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

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Obesity can be considered a disability: EU court rules

Obesity can be considered a disability: EU court rules

By Claire McCann

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

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

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

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

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

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

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

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

For BBC coverage on this go to: BBC news

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Discrimination Law in 2015

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

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

by Tamar Burton

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Bus company wins appeal over wheelchair policy

Bus company wins appeal over wheelchair policy

by Olivia Dobbie

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

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Is caste discrimination barred under the Equality Act?

Is caste discrimination barred under the Equality Act?

The Employment Appeal Tribunal has reserved its decision in the case of Chandhok v Tirkey concerning whether caste-based discrimination is prohibited under the Equality Act 2010.

Christopher Milsom, who appeared at first instance, led Tamar Burton in the first case heard by the EAT concerning caste-based discrimination. The Equality and Human Rights Commission was granted permission to intervene.

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

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

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

Robin Allen QC , Cloisters head of Chambers and a leading expert in equality law was asked for his expert opinion on BBC London ‘Inside Out ‘ investigation footage that showed a large number of  high street chains still seen to be failing to accommodate people with disabilities. Two BBC researchers, one blind with a guide dog and one wheelchai...
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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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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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Public Sector Equality Duty and impact assessments:  If you will the end do you will the means?

Public Sector Equality Duty and impact assessments:  If you will the end do you will the means?
Public Sector Equality Duty and impact assessments:  If you will the end do you will the means? Read the article here