The Latest from Cloisters

News, Publications, Policies, Events and Blogs

Sally Cowen and Declan O’Dempsey are appointed fee-paid Employment Judges in Scotland

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Sally Cowen and Declan O’Dempsey  have been appointed by the Lord President to sit as fee-paid Employment Judges in the Scottish Employment Tribunal Service from 15 th January 2018. Sally and Declan will be based in the Edinburgh tribunal, strengthening close links with the Scottish Employment Law community. Declan already sits in the Newcastl...
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Disability check up by the EHRC

Disability check up by the EHRC
Sally Cowen analyses the latest research on the treatment of disabled people in the UK The Equality and Human Rights Commission (EHRC) has published its new report into the state of equality and human rights for disabled people in the UK on 3 April 2017. The title ‘Being Disabled in Britain: a Journey Less Equal’ rather sums up the whole report, wh...
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Public bodies who discriminate – County Court or High Court process?

Public bodies who discriminate – County Court or High Court process?
By Sally Cowen Hamnett v Essex County Council [ 2017] EWCA Civ 6   Judgment given 18 th January 2017 Sally Cowen considers this interesting case concerns the apparent conflict between competing provisions of the Equality Act 2010 in the context of duties to disabled people within the context of Traffic Regulations Orders. The essence of this C...
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Cloisters column: ‘The age of Trump and “Brexit”: is the balance between gay rights and religious freedom changing?’

Cloisters column: ‘The age of Trump and “Brexit”: is the balance between gay rights and religious freedom changing?’
Cloisters: Equality and Human Rights in Practice The age of Trump and “Brexit”: is the balance between gay rights and religious freedom changing? How far should the right to freedom of religion and belief be protected when it conflicts with the rights of other protected groups? This is a fundamental question which has been the subject of polarised ...
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Uber drivers lead the way for revolution in the gig economy

Uber drivers lead the way for revolution in the gig economy
In this blog Sally Cowen considers the implications of the recent Tribunal decision on the status of Uber drivers. Uber drivers have been held by the Tribunal to be ‘workers’ under the definition in s.230(3)(b) of the Employment Rights Act 1996. Known as ‘limb (b) workers’ this entitles the drivers to a variety of rights in relation to their hours ...
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Cloisters and B3sixty conference

Cloisters and B3sixty conference
Cloisters and B3sixty are holding a conference on 23 September 2016 between 2.30 pm – 5.30 pm, at which several of our leading employment barristers will be speaking The programme consists of two sessions: Protecting your organisation’s reputation – legal and HR perspectives Employment law – your questions answered by Sally Cowen , Chris Milsom , C...
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Bitter taste for Byron staff – how to handle the immigration obligations

Bitter taste for Byron staff – how to handle the immigration obligations
By Sally Cowen Last week Byron, the upmarket burger chain called their employees into a meeting, which was cast as a meeting to teach them how to cook burgers. Immigration officers turned up to this (allegedly) stooge meeting (the employees were not there to learn how to cook burgers, but apparently to be investigated by the Immigration Service). I...
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Material Contribution – the next chapter

Material Contribution – the next chapter
By Sally Cowen The Privy Council has (25/1/2016) given judgment in Williams v Bermuda Hospitals Board [2016] UKPC4, giving greater clarity on the issue of when a material contribution occurs. Previously Bailey v Ministry of Defence in the Court of Appeal had indicated that ‘material contribution’ occurred where there were multiple causes of injury ...
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Copy to Self @ home – BE CAREFUL!

Copy to Self @ home – BE CAREFUL!
Sally Cowen  considers the recent High Court Judgment in Farnan v Sunderland Association Football Club Ltd [20 15] EWHC 3759 (QB). We’ve all advised clients to make sure that they accumulate evidence of the breach of trust and confidence they allege. Following  Brandeaux Advisers v Chadwick [2010] All ER 235 and Tokio Marine Kiln Insuranc...
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Care staff not transferred when new reduced service starts

Care staff not transferred when new reduced service starts
Sally Cowen successfully represented the new care provider in this test of when staff TUPE to a new provider within the care industry. This will have impact on many re-tender situations in the care industry, where cutbacks are being made to the service provided. The ET (Leicester) has decided that where a re-tender exercise for housing support serv...
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Peripatetic workers get a lift (home)

Peripatetic workers get a lift (home)
By Sally Cowen The Advocate General gave an opinion last week, stating that the time taken by peripatetic employees travelling to and from their first/last appointments to home should have that time considered as ‘working time’ under Article 2 of 2003/88/EC Directive ( Federación de Servicios Privados del sindicato Comisiones Obreras Case C-266/14 ...
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Whistleblowing - time starts to run as soon as decision/act occurs, says EAT

Whistleblowing - time starts to run as soon as decision/act occurs, says EAT
Does time start to run (under s48(3)) when the employer makes a decision, or when the employee is told of it, in a whistleblowing claim (not dismissal)? McKinney v London Borough of Newham (UKEAT/0501/13/LA) (EAT) by Sally Cowen Cloisters Chambers' barrister Declan O’Dempsey represented the Claimant in this appeal under the pro bono Employment Law ...
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Could my client walk again? Cell transplantation is a step closer

The truth is, that as lawyers, we are limited in what we can actually offer our clients. Particularly those with catastrophic injuries who have been told that they will never walk again. Being able to recover money is frankly a sup to the life changing trauma they have experienced. What every lawyers wishes they could do; and what every client drea...
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Holiday Claims - using the Equality Act for disabled clients

Both past disabled clients returning from holiday and people injured while on holiday, or working abroad, may present in the first instance to solicitors specialising in personal injury, who may have wrestled in the past with claims arising abroad but may be less familiar with the potential for using the Equality Act 2010 (“the Act”), which require...
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