The Latest from Cloisters

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Court of Appeal in Mencap: The end of minimum wage for sleep-ins when asleep?

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Nathaniel Caiden considers today’s Court of Appeal judgment in Royal Mencap Society v Tomlinson-Blake and Shannon v Rampersad in which Caspar Glyn QC and Chesca Lord appeared for Mr Shannon. The Court of Appeal in   Royal Mencap Society v Tomlinson-Blake and Shannon v Rampersad   [2018] EWCA Civ 1641were concerned with the issue of whethe...
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Newcastle upon Tyne Hospitals NHS Foundation Trust v Haywood [2018] UKSC – what are the implications of the Supreme Court’s judgment?

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Nathaniel Caiden considers today’s Supreme Court judgment in Newcastle upon Tyne Hospitals NHS Foundation Trust v Haywood [2018] UKSC  in which Caspar Glyn QC and Tom Brown successfully represented Mrs Haywood. Today’s Supreme Court judgment has identified a standardised implied term when giving written notice of dismissal (i.e., a term implie...
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12 Week rights for agency workers: Kocur v Royal Mail

Tom Coghlin QC considers the important judgment of the Employment Appeal Tribunal (EAT) in Kocur v Royal Mail and anor UKEAT/0181/17 , a decision which brings much-needed clarification to the rights of agency workers to the same basic working and working conditions under the Agency Worker Regulations 2010. Nathaniel Caiden of Cloisters appeared for...
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Constructive knowledge of disability: Donelien v Liberata UK Ltd [2018] EWCA Civ 129

In this blog Nathaniel Caiden considers yesterday’s judgment by the Court of Appeal that concerned constructive knowledge of disability - Donelien v Liberata UK Ltd [2018] EWCA Civ 129 (in which Tom Brown appeared throughout for the successful party). HR professionals, employers, lawyers and courts all have to deal with the sometimes fraught questi...
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Unintentionally wide non-compete clause: A warning from the Court of Appeal in Egon Zehnder Ltd v Tillman

Having previously blogged on this case (see here for that blog on Egon Zehnder Ltd v Tillman [2017] EWHC 1278 (Ch)), Jacques Algazy QC and Nathaniel Caiden consider the repercussions of the Court of Appeal judgment in Tillman v Egon Zehnder Ltd [2017] EWCA Civ 1054.   Background The facts of the case are summarised in the previous blog (see he...
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Voluntary Overtime and Holiday Pay

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Nathaniel Caiden considers the recent Employment Appeal Tribunal (EAT) judgment in Dudley MBC v Willetts UKEAT/0334/16/JOJ that concerns the inclusion of voluntary overtime normally worked in calculating holiday pay.   Introduction On 31 July 2017, when many were actually on holiday, the EAT handed down the latest judgment dealing with holiday...
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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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Certainty for all: a plea to the Taylor Review by Caspar Glyn QC, Anna Beale & Nathaniel Caiden

Certainty for all: a plea to the Taylor Review by Caspar Glyn QC, Anna Beale & Nathaniel Caiden
In November 2016, the government commissioned a review of modern employment practices. It is being led by Matthew Taylor and will focus on what has become known as the “gig economy”. In this blog, we summarise our written evidence to that review. Our central plea was that our legislators provide certainty for all. In our view this can best be achie...
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Written submission to House of Commons Business, Energy and Industrial Strategy Committee inquiry

Written evidence from Caspar Glyn QC, Anna Beale and Nathaniel Caiden   Authors This submission has been prepared by Leading Employment silk, Caspar Glyn QC [1] , and Leading Employment Juniors Anna Beale [2] and Nathaniel Caiden [3] . Our conclusions to the questions posed follow: and then our reasons. Conclusion Question 1 Those who provide ...
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Incapacity and Illegality in the Personal Injury / Clinical Negligence context

Incapacity and Illegality in the Personal Injury / Clinical Negligence context
By Nathaniel Caiden Introduction Those dealing with personal injury and clinical negligence cases will often have dealt with claimants who lack capacity and the resulting costs in light of that lack of capacity.  The usual occurrence will be one where it was plainly the negligence or breach of statutory duty that caused this loss of capacity. ...
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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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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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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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Article 6 – the Right to a fair trial – and discrimination in the Armed Forces

At a time when the UK’s membership of the European Convention of Human Rights (“ECHR”) and our domestic Human Rights Act 1998 (“HRA”) is a hot political topic, it is timely that the Employment Appeal Tribunal (“EAT”) has handed down a judgment considering Article 6 ECHR in relation to special time limit provisions for discrimination complaints brou...
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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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Restrictive covenants, no change after all… “plus ça change, plus c'est la même chose”

Over the last year, certain High Court decisions seemed to suggest that the courts were applying a more liberal, pro business approach to the interpretation and enforceability of restrictive covenants – interpolating or removing words to give commercial effect to the bargain. However, the Court of Appeal in Prophet v Huggett [2014] EWCA Civ 1013 la...
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