The Latest from Cloisters

News, Publications, Policies, Events and Blogs

Rachel Crasnow QC wins Diversity Champion of the Year

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Rachel Crasnow QC has won Diversity Champion at the 2018 Diversity Legal Awards UK. Diversity Champion is awarded to an individual who has made a significant contribution to diversity within and across the legal profession over the past three years. The intention is to highlight both the leadership demonstrated and the best practice they have exemp...
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Judgment handed down in the case of O’Brien v Ministry of Justice

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The CJEU has this morning handed down judgment in the case of O’Brien v Ministry of Justice (Case C-432/17). The judgment can be found here . In a 13 year fight for a pension, Dermod O’Brien has succeeded in his second visit to the CJEU. He was represented by his Cloisters’ team of Robin Allen QC , Rachel Crasnow QC and Tamar Burton . The case conc...
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“No DSS”: Can landlords and letting agents lawfully bar benefits tenants?

Rachel-Crasnow
Private landlords and letting agents frequently advertise their properties stating that they will not rent to housing benefit tenants (for some outdated reason, still often referred to as “DSS” tenants). This causes real difficulties to such tenants whose housing choices are restricted. In this blog, Rachel Crasnow QC considers the legality of such...
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Are new initiatives to tackle age discrimination on their way?

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In this blog, Rachel Crasnow QC considers the recent proposals to reform the Equality Act 2010 outlined by the Women and Equalities Committee in its report concerning Older People and Employment which was published on 17 July 2018. Their proposals were formulated after hearing expert evidence from a range of people including Cloisters’ Dee Masters ...
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Women and Equalities Committee report on Older People and Employment

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On 17 July 2018, the Women and Equalities Committee published its report into Older People and Employment. A copy of the report is available here . It recognises that older people continue to be discriminated against in the workplace and the Equality Act 2010 requires some careful tweaks so as to encourage fuller employment for the over 50’s. These...
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Cloisters team in European Court for part-time workers pension case

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Robin Allen QC ,  Rachel Crasnow QC  and  Tamar Burton  will appear in the Court of Justice of the European Union today in the case of O’Brien. The case concerns discrimination against O'Brien, a part-time judge in the calculation of his pension. The issue is whether periods of service as a part-time judge prior the coming into ...
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EAT upholds courier worker status: Addison Lee v Gascoigne

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In this blog, Rachel Crasnow QC considers the latest instalment in the Addison Lee litigation ( Addison Lee v Gascoigne ), a case in which Cloisters’ Tamar Burton represented the successful claimant at first instance and on appeal. She was instructed by the Independent Workers Union of Great Britain. Overview   The claimant (“C”) had been a cy...
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Tribunal erred in rejecting Shared Parental Leave claim

Rachel-Crasnow
Hextall v Chief Constable of Leicestershire Police EAT allows appeal: ET erred in its dismissal of indirect discrimination claim.  Rachel Crasnow QC , specialist in workplace rights, considers the latest appeal in the Shared Parental Leave saga. SUMMARY : Yesterday the EAT found that the ET erred in adopting for the purposes of Mr Hextall’s in...
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Such a clear dividing line? Maternity Leave and Shared Parental Leave: the EAT judgment in Ali v Capita UKEAT/0161/17/BA.

Rachel-Crasnow
On 11 April 2018 the EAT overturned the direct discrimination finding of the Tribunal in Ali v Capita Customer Management Ltd concerning whether employers who offer enhanced maternity pay must also offer enhanced Shared Parental Pay.  Rachel Crasnow QC considers the judgment in this blog. Cloisters' Chris Milsom acted for the intervener Workin...
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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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Reflecting on International Women's Day: A view from Cloisters by Rachel Crasnow QC

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2017 - 2018 has been a time of great change for gender politics worldwide. The #MeToo and #TimesUp campaigns look to run and run: this affects all our workplaces.  The gender pay gap and its complex causes are part of our working lives at Cloisters as well; from the cases that myself and my colleagues have lent our expertise to for both sides,...
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New Paper by Rachel Crasnow QC, Discrimination Law in 2018: Pregnancy, Maternity and Parental Rights

Employment specialist Rachel Crasnow QC  has published a new paper entitled Discrimination Law in 2018 . Rachel's paper focuses on "issues that are thrown up by working adults juggling domestic and professional life." including pregnancy, maternity and parential rights. In this new paper Rachel explains how "this area of the law is never stati...
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The gender pay gap: why its removal is a priority for today’s workplace

Wednesday 28 February 2018 Rachel Crasnow QC will deliver a talk on the gender pay gap at a conference designed to give up-to-the-minute strategies and practical guidance to legal professionals. Her talk will cover: - Just what is the gender pay gap?  - Competing causes - How to close the gap: Simple solutions & long term objectives. ...
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Equality Law Training in Scotland

Monday 29 January 2018, 9:50 - 4pm  Presented by the Equality and Human Rights Commission Scotland in association with Michael Rubenstein Conferences Ltd. This conference is aimed at experienced lawyers, practitioners in employment and equality law, and equality and diversity specialists.  Rachel Crasnow QC   will deliver a talk abou...
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Discrimination Law in 2018 presented by Michael Rubenstein Conferences Ltd

Friday 26 January 2018, 8:45 - 4pm This unique conference is open to discrimination lawyers, Government officials, equality and diversity specialists and others interested in attending the most authoritative review available of recent discrimination legislation and case law. Join Michael Rubenstein and six of Britain’s leading discrimination law ex...
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The Place of Gender in Equality Law

Robin Allen QC, Rachel Crasnow QC and Catherine Casserley will be speaking at the DLA Equality Law Conference on 3 November. Robin Allen QC will be chairing a panel discussion on the future of gender discrimination and Rachel Crasnow QC will be speaking on the topic: "Flexible working:  the key to unlocking the gender pay gap". Catherine Casse...
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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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Four leading Cloisters silks will be speaking at the renowned 22 QCs conference

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Four leading Cloisters silks talk on a wide range of hot topics at the renowned 22 QCs conference on the key employment law issues for 2017-18. The conference will take place on 5th and 6th October 2017 at Strand Palace Hotel, Central London. This two day conference promises to be the event of the year for anyone advising on employment or disc...
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The Future Effects Principle in European law: Cloisters wins reference to the Court of Justice on behalf of hundreds of part-time judges whose pensions have been calculated on a limited basis.

The Supreme Court has this morning handed down judgment in the cases of O’Brien and Miller and ors v Ministry of Justice . The Supreme Court has made a reference to the Court of Justice of the European Union. The cases concern discrimination against part-time judges in the calculation of pensions. The issue is whether periods of service as a part-t...
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Appeal court to scrutinise legality of enhanced shared parental pay

Appeal court to scrutinise legality of enhanced shared parental pay
Rachel Crasnow QC and Siân McKinley of Cloisters look at the recent decision of Ali v Capita Customer Management Ltd (ET1800990/2016) regarding enhanced Shared Parental Pay. For the first time, the employment tribunal has upheld a complaint of sex discrimination from a male employee who was refused enhanced Shared Parental Pay. While this decision ...
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Rachel Crasnow QC & Daphne Romney to speak at the first ELBA event on Well-Being At the Bar

Rachel Crasnow QC & Daphne Romney to speak at the first ELBA event on Well-Being At the Bar
On 17 May Rachel Crasnow QC and Daphne Romney QC are to speak at the first ELBA event on Well-Being At the Bar. Entitled “ "Keeping each other sane: tips for leading a happy legal lif e ”, the seminar builds on the work the Bar Council has developed - see http://www.barcouncil.org.uk/supporting-the-bar/wellbeing-at-the-bar

Rachel Crasnow QC & Sarah Fraser Butlin spoke about diversity on campus at the UHR Annual Conference

Rachel Crasnow QC & Sarah Fraser Butlin spoke about diversity on campus at the UHR Annual Conference
Rachel Crasnow QC and Sarah Fraser Butlin spoke to the UK’s leading University HR directors at the UHR Annual Conference in Newcastle on 10 March about diversity on campus, focusing on the lawfulness of topics such as no-platforming and safe spaces as well as the importance of addressing ongoing problems of harassment and equal pay.

Sally Robertson to deliver sex discrimination workshop at ERA’s EU Gender Equality Law seminar

Sally Robertson to deliver sex discrimination workshop at ERA’s EU Gender Equality Law seminar
Between 4-5 May, Sally Robertson becomes the latest of Cloisters' barristers to take part in the Academy of European Law’s (ERA) programme of conferences and training events. Now in its 25 th Jubilee year, more than 125,000 European jurists have participated at ERA events. Cloisters barristers, including Paul Epstein QC , Rachel Crasnow QC , Cather...
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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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Fighting for fair pensions

Fighting for fair pensions
Robin Allen QC , Rachel Crasnow QC and Tamar Burton appear in the Supreme Court this morning in the two cases of O’Brien and Miller and ors v Ministry of Justice, which concern discrimination of part-time workers in the calculation of pensions. The issue for the Court is whether the period of service prior the coming into effect of the relevant Dir...
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Survivors’ pensions and the Unmarried

Survivors’ pensions and the Unmarried
Rachel Crasnow QC considers the recent judicial review by Denise Brewster for review (reported at [2017] UKSC 8). In this important case about the status of cohabiting partners and the objective justification of socio-economic policy, the Appellant Denise Brewster and her partner Lenny McMullan had lived together for 10 years before he suddenly die...
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Cloisters barristers ranked in the UK Bar: Labour and Employment 2017

Cloisters barristers ranked in the UK Bar: Labour and Employment 2017
Who’s Who Legal has identified Cloisters as a leader in its field.  It endorsed 13 barristers at the junior level making Cloisters the most endorsed chambers in this category. Two silks and four juniors were also ranked in the highly rated category. Cloisters is pleased and delighted that our legal experts have been recognised for their work i...
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A Policy of Uncertainty Won’t Help Workers

A Policy of Uncertainty Won’t Help Workers
Rachel Crasnow QC and Tom Gillie of Cloisters have recently published an article in the New European about the vulnerability of workers’ rights post-Brexit.  The articles argues that the rights of families, agency workers and others could be severely diminished which may damage the wider economy. If the Government wants to reassure the country...
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Robin Allen QC and Rachel Crasnow QC to speak at the EOR-TUC conference in London and Equality Law Training in Scotland

Robin Allen QC and Rachel Crasnow QC to speak at the EOR-TUC conference in London and Equality Law Training in Scotland
Cloisters is delighted to announce that our leading discrimination law experts Robin Allen QC and Rachel Crasnow QC will be speaking at the Equal Opportunities Review and The Trades Union Congress (EOR-TUC) Annual Conference to be held in London on 20 th January 2017. Additionally, Robin and Rachel will also speak at the Equality Law Training ...
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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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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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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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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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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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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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No childcare vouchers during maternity leave: upping the pressure during early months

No childcare vouchers during maternity leave: upping the pressure during early months
Rachel Crasnow QC considers the recent judgment of the EAT in Peninsula Business Services v Donaldson (handed down on 9 March 2016) Is it discriminatory to discontinue childcare vouchers during maternity leave? No, held the EAT in Peninsula Business Services v Donaldson , deciding that childcare vouchers amounted to “remuneration” and that it was n...
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Robin Allen QC, Rachel Crasnow QC and Catherine Casserley to speak at the DLA Annual Conference

Robin Allen QC, Rachel Crasnow QC and Catherine Casserley to speak at the DLA Annual Conference
Cloisters' Robin Allen QC , Rachel Crasnow QC and Catherine Casserley are speakers at the DLA Annual Conference 2015 "Equality Rights - Where next?" on Monday 26th October 2015. This is an The essential conference for anyone interested in equality law.  2015 is the 50th anniversary of the first Race Relations Act, the 40th anniversary of ...
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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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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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Rachel Crasnow QC reports on evidence given to the House of Lords Select Committee on the Equality Act 2010 and Disability

Rachel Crasnow QC reports on evidence given to the House of Lords Select Committee on the Equality Act 2010 and Disability
Last Tuesday Rachel Crasnow QC gave evidence to the House of Lords Select Committee on the Equality Act 2010 and Disability on behalf of the Bar Council. She along with other organisations, such as The Law Society, The Discrimination Law Association and The Law Centres Network, were asked their views on how well the Equality Act 2010 is being enfor...
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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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