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Glasgow City Council Decides Not to Appeal

Photo credit: BBC News 17 Jan 2017
Yesterday, Glasgow City Council decided that it would not pursue permission to appeal to the Supreme Court against the Court of Session decision in HBJ Claimants v Glasgow City Council [2017] IRLR 739. The Court had allowed the claimants’ appeal against rulings by the ET and EAT that the Workplace Pay and Benefits Review (“WPBR”), the job evaluatio...
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Uber drivers are “workers”; Employment Appeal Tribunal confirms today

EAT
Today, the Employment Appeal Tribunal handed down its landmark decision in Aslam & Farrar v Uber confirming that Uber drivers are “workers” and entitled to be paid minimum wage, holiday pay and not be subjected to detriment if they blow the whistle. The judgment is here . Jason Galbraith-Marten QC and Sheryn Omeri represented the Claimant Uber ...
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Cloisters act in Uber case

JGMSO
Jason Galbraith-Marten QC and Sheryn Omeri , barristers at Cloisters, are representing Uber drivers who have brought claims against Uber BV (Dutch parent company), Uber London Limited and Uber Britannia Limited as test cases. They are instructed by Bates Wells Braithwaite. The drivers are claiming that they are entitled to minimum wage, holiday pay...
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5 Cloisters QCs to speak at Michael Rubenstein’s Autumn Hot Employment Law Issues

5 Cloisters QCs to speak at Michael Rubenstein’s Autumn Hot Employment Law Issues
Cloisters barristers  Daphne Romney QC ,  Caspar Glyn QC ,  Jason Galbraith-Marten QC ,  Rachel Crasnow QC and Schona Jolly QC will be speaking at the Michael Rubenstein Hot Topics in Employment 2017/8 Conference on 5th- 6th October.  Day One features Schona Jolly QC  on  religious discrimination in the workp...
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Jason Galbraith-Marten QC & Sarah Fraser Butlin succeed in the bike courier employment rights case against City Sprint

Jason Galbraith-Marten QC & Sarah Fraser Butlin succeed in the bike courier employment rights case against City Sprint
Jason Galbraith-Marten QC and Sarah Fraser Butlin have succeeded in the highly publicised cycle courier claim before the Employment Tribunal.  They were instructed by BWB, acting pro bono for Maggie Dewhurst who was challenging her employment status against City Sprint.  The Employment Judge accepted their arguments that Ms Dewhurst was a...
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Cloisters Employment Law Conference: What you need to know in 2017

Cloisters Employment Law Conference: What you need to know in 2017
Cloisters’ leading employment law silks and juniors will share their wealth of expertise and practical know-how on hot employment law issues that are likely to have the greatest impact on employment and HR professionals in the coming year. Book now and ensure your place at this one day conference which will be held on 3 November 2016 from 10am to 4...
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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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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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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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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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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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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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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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I’ll smoke if I want to. Unless I’m in hospital

I’ll smoke if I want to. Unless I’m in hospital
By Jason Galbraith-Marten QC The government has just announced its intention to ban smoking in all prisons in England and Wales. No doubt such a ban will be challenged as an unlawful interference with prisoners’ rights. A recent case from the Court of Session (Inner House) in Scotland may give an indication about how such a challenge will fare. In ...
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Jason Galbraith-Marten QC to be a key note speaker at The Association of University Legal Practitioners’ Annual Conference

Jason Galbraith-Marten QC to be a key note speaker at The Association of University Legal Practitioners’ Annual Conference
Jason Galbraith-Marten QC   will be a key note speaker at Cloisters' sponsored  Association of University Legal Practitioners (AULP) Conference 2015. This two day annual event for AULP members will include workshops and presentations on current issues faced by legal services in higher education. The conference is being held at University ...
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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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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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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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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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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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