The Latest from Cloisters

News, Publications, Policies, Events and Blogs

Whistleblowing. In tune again.

RCJ
The Court of Appeal’s Judgment in Kilraine v London Borough of Wandsworth [2018] EWCA Civ 1436 is considered by Adam Ohringer . To benefit from whistleblower protections, a worker must first show that she made a ‘disclosure qualifying for protection’ under s.43B of the Employment Rights Act 1996.  Until 25 June 2013 it was sufficient to show t...
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Important principle in whistle-blowing law to be considered by the Court of Appeal

Employment-Appeals-Tribunal_0
On Wednesday 13 June 2018 the Court of Appeal will hear the case of Kilraine v London Borough of Wandsworth . Cloisters’ barristers Chris Milsom and Rachel Barrett represent the appellant, Karen Kilraine, who is challenging the decision of the employment tribunal to dismiss her whistle-blowing claim. A key point in the appeal is whether the law dis...
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Third edition of Employment Law and Human Rights published

A new edition of  Employment Law and Human Rights  (Oxford University Press) has been released. Widely considered an authority in the field of employment law and human rights, written by Cloisters' renowned author team; Robin Allen QC , Rachel Crasnow QC , Anna Beale ,   Claire McCann  and Rachel Barrett . New to the third ...
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Rachel Barrett represents bereaved family of Robin Richards

Inquests
Cloisters’ Rachel Barrett represents the bereaved family of Robin Richards, whose death has highlighted a lack of provision for people with Asperger’s Syndrome. A two week jury inquest in Wells, Somerset has concluded that the issues which contributed to Robin taking his own life included communication; training; information sharing; discharge plan...
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Tribunal rejects claim of religious discrimination by NHS Non-Executive Director opposed to same-sex adoption (Page v NHS Trust Development Authority)

Last week London South Employment Tribunal dismissed a claim by Richard Page for religious discrimination. The case concerned the NHS Trust Development Authority’s decision that he was not a suitable person to hold office as a Non-Executive Director in the NHS because of his conduct in publicising his opposition to same-sex adoption in the national...
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Al-Hijrah School: Gender segregation as direct discrimination and other lessons

Rachel Barrett and Siân McKinley consider the recent Court of Appeal judgment on gender segregation,   HM Chief Inspector of Education, Children’s Services and Skills v The Interim Executive Board of Al-Hijrah School , and the broader implications for discrimination law. Introduction The Court of Appeal has held that complete segregation of gi...
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Cloisters barristers seek to make new whistleblowing law for judges

Until the case of Gilham v MOJ there was no authority addressing whether judges work under contracts for whistleblowing purposes. DJ Gilham complained of whistle-blowing detriment to the ET after she made protected disclosures at Warrington county court about workplace pressures and potential courtroom dangers to civil judges in the light of &...
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Cloisters’ barristers in Supreme Court appeal succeed in overturning smoking ban in psychiatric hospital

Cloisters’ barristers in Supreme Court appeal succeed in overturning smoking ban in psychiatric hospital
The Supreme Court handed down judgment today in the case of McCann v The State Hospitals Board for Scotland [2017] UKSC 31. Cloisters’ Jonathan Mitchell QC together with David Leighton and Rachel Barrett (also of Cloisters) acted for the successful appellant, a patient in the Scottish high security State Hospital. Mr McCann objected to the introduc...
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Caspar Glyn QC and Rachel Barrett to represent claimant in a courier case against Excel

Caspar Glyn QC and Rachel Barrett to represent claimant in a courier case against Excel
Cloisters has been at the forefront of the recent litigation concerning the “gig economy”. Caspar Glyn QC and Rachel Barrett are representing a cycle courier, Andrew Boxer, who is suing Excel with the support of  the Independent Workers Union of Great Britain. Due to its importance it has received press coverage . Mr Boxer asserts that he is a...
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Pytel V. The Office for Gas & Electricity Market (OFGEM) - new rights for whistle-blowers

Pytel V. The Office for Gas & Electricity Market (OFGEM) - new rights for whistle-blowers
In an important case for whistle-blowers, Paul Michell and Rachel Barrett have successfully argued that words ought to be read into the Utilities Act 2000 to allow the Claimant to continue his whistleblowing claim against OFGEM in the employment tribunal, in circumstances where he would otherwise be committing a criminal offence by bringing it. The...
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Is gender segregation in education discriminatory?

Is gender segregation in education discriminatory?
Rachel Barrett and Chris Milsom discuss the recent case of Interim Executive Board of X School v Chief Inspector of Education, Children's Services and Skills [2016] EWHC 2813 (Admin) in this blog. A copy of the judgment is available here . Many of us might instinctively think that the answer to the opening question would be ‘yes’. After all, in 201...
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Employment Appeal Tribunal confirms that judges don't work for a living...

Employment Appeal Tribunal confirms that judges don't work for a living...
....they do, however, faithfully and diligently discharge their office and can be, of course, in an employment relationship. Blog by Caspar Glyn QC   Like a London Bus rather than an Uber one worker status case follows another with the EAT’s decision in Gilham v MoJ . Ms Gilham sought whistleblower protections in her role as a district judge. ...
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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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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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Team Cloisters raises £4890 (plus gift aid) in London legal charity walk

Team Cloisters raises £4890 (plus gift aid) in London legal charity walk
Patricia Hitchcock QC , Tamar Burton , Chesca Lord ,  Tom Brown ,  Jen Danvers , Sally Robertson  and  Rachel Barrett  joined the Lord Chief Justice and thousands of lawyers to raise funds for the London Legal Support Trust, the Free Representation Unit and the Bar Pro Bono Unit. Team Cloisters raised £4890 plus gift aid in...
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Supreme Court gives guidance on the admissibility and use of expert evidence

Supreme Court gives guidance on the admissibility and use of expert evidence
Rachel Barrett discusses Kennedy v Cordia (Services) LLP , in which the Supreme Court has given detailed and practical guidance on the admissibility and use of expert evidence in the course of a judgment concerning the remit of employers’ duties to take care for their employees’ safety at work. Background to the appeal Miss Kennedy worked for Cordi...
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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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Rachel Barrett - A day in the life of a judicial assistant

Rachel Barrett - A day in the life of a judicial assistant
Cloisters’ barrister Rachel Barrett, gives an insightful view about her life as judicial assistant at the Supreme Court. I usually get into work at about 9 am, make a cup of tea and discuss the case being heard that day with the other judicial assistants. We test out our views on each other before venturing to put them to our respective justices. A...
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