The Latest from Cloisters

News, Publications, Policies, Events and Blogs

Religion or belief and GORs. Bumper CJEU Round-Up, Part 2

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In the second part of this two-part blog, Cloisters’  Schona Jolly QC  and  Sarah Fraser Butlin  look at important new developments from the CJEU on the genuine occupational requirement in the context of religion or belief discrimination in the Framework Directive. When does a requirement to profess a faith, or to follow a parti...
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The long-awaited Pimlico Plumbers decision: is it all that it was cracked up to be?

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Cloisters’ Sarah Fraser Butlin analyses the important Supreme Court case on worker status which was handed down today. For those of us involved in the gig economy and other employment status cases, the long awaited judgment of the Supreme Court in Pimlico Plumbers has arrived.  But does it answer all the questions that have been buzzing around...
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A new dawn for the Charter? Bumper CJEU Round-Up,  Part 1

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In a two-part blog, Cloisters’ Schona Jolly QC and Sarah Fraser Butlin look at important new developments from the CJEU on the Charter of Fundamental Rights, religion or belief discrimination and working time. It’s been something of a bumper few weeks at the European Court of Justice in Luxembourg (‘CJEU’) where an expansive use of the Charter of F...
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Three Recorder appointments for Cloisters

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We are delighted to announce that three Cloisters barristers have today been appointed as Recorders of the Crown Court. Caspar Glyn QC , Tom Brown and Sarah Fraser-Butlin have all been appointed to sit in the Crown Court with effect from 4 April 2018. Caspar and Sarah will sit on the South Eastern circuit, Tom will sit on the Western Circuit. The Q...
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Worker Status and Vicarious Liability: The Need for Coherence

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Sarah Fraser Butlin and Robin Allen QC have published a University of Cambridge Law Faculty working paper on Pimlico Plumbers and vicarious liability.  Gig economy cases continue to dominate the news and work their way through the courts. This paper considers a different angle to the issues and argues that the developments in vicarious liabili...
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Cloisters' barristers to appear in Supreme Court case on worker status

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Robin Allen QC , Sally Robertson and Sarah Fraser Butlin have been instructed to intervene in the Supreme Court on behalf of the IWGB union in  Pimlico Plumbers Ltd v Others v Smith . The hearing will take place on 20 and 21 February 2018 and represents a key opportunity for the Supreme Court to consider worker status.

Sarah Fraser Butlin gives expert evidence to PM's cross-party working group to tackle allegations of sexual harassment

Employment and discrimination specialist Sarah Fraser Butlin is today giving expert evidence to the cross-party working group on an Independent Complaints and Grievance Policy . The Working Group has been convened by the Prime Minister following a large number of allegations of sexual harassment. See further details about the group  here and h...
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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.

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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BBC Look East interviews Sarah Fraser Butlin on the impending industrial strikes taking place this week

BBC Look East interviews Sarah Fraser Butlin on the impending industrial strikes taking place this week
On the 19 December, Look East interviewed Sarah Fraser Butlin on the industrial action that will take place this week. The strike will affect post offices and airports nationwide with baggage handlers and ground staff striking this weekend. “For employers it is hugely disruptive. It has a massive impact on businesses, but what we can’t forget is th...
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Important Public Services: the Regulations have arrived

Important Public Services: the Regulations have arrived
This week the Government published a series of draft Regulations defining what “important public services” (IPS) are for the purposes of the Trade Union Act 2016 ( TUA 2016 ). The Act itself has been highly controversial and while it has Royal Assent, it has not yet come into force. When it does come into effect, there will be a requirement that 50...
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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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Discrimination compounds the pain in personal injury and clinical negligence claims

Discrimination compounds the pain in personal injury and clinical negligence claims
In this article, Sarah Fraser Butlin and Catriona Stirling consider discriminatory practices within the calculation of damages for personal injury and clinical negligence. Personal injury and clinical negligence lawyers do not tend to think about equality and diversity issues in their cases all that often. However there are several areas that are c...
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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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The Simmons v Castle debate continues

The Simmons v Castle debate continues
Sarah Fraser Butlin considers the most recent EAT judgment on the issue in Olayemi v Athena Medical Centre. It was HHJ Richardson’s turn to consider whether the 10% uplift on general damages applied to awards for injury to feelings.  His answer was yes. The Court of Appeal in Simmons v Castle [2012] EWCA Civ 1039 had declared that: “…with effe...
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Cloisters' barristers and their guests enjoy Temple Women's Forum Garden Party

Cloisters' barristers and their guests enjoy Temple Women's Forum Garden Party
Great fun was had by all at the Temple Women’s Forum Garden Party yesterday  (11 July 2016). Cloisters' barristers Daphne Romney QC , Caroline Musgrave , Dee Masters , Anna Beale , Chesca Lord , Sheryn Omeri , Sarah Fraser Butlin and their invited guests enjoyed drinks and canapés in the beautiful gardens at Inner Temple where they mingled wit...
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Caspar Glyn QC to speak at the ILS Annual Oxford Conference

Caspar Glyn QC to speak at the ILS Annual Oxford Conference
Cloisters is delighted to be involved again in this year’s Industrial Law Society’s (ILS) Annual Conference at St Catherine’s College, Oxford. The conference will run from Friday 16 September  to Sunday 18 September 2016. Caspar Glyn QC will be giving a plenary lecture on Friday entitled:  Master and Servants. Employment Status – Yesterda...
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Caspar Glyn QC to speak at the ILS Annual Oxford Conference

Caspar Glyn QC to speak at the ILS Annual Oxford Conference
Cloisters is delighted to be involved in this year’s Industrial Law Society’s (ILS) Annual Conference at St Catherine’s College, Oxford. The conference will run from Friday 16 September to Sunday 18 September 2016. Caspar Glyn QC will be giving a plenary lecture on the latest key employment law issues. Other confirmed speakers will be Dr ...
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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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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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Being deterred from membership of an independent trade union: Court of Appeal, again, considers the case of Mr Bone

Being deterred from membership of an independent trade union:  Court of Appeal, again, considers the case of Mr Bone
Sarah Fraser Butlin reviews the recent judgment of the Court of Appeal in the long-running litigation in Bone v North Essex Partnership NHS Foundation Trust .  Mr Bone was the leading light of the Workers of England Union (WEU) and brought claims of race discrimination, which were all dismissed, and of detriment under s146 TULRCA 1992.  T...
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The Court of Appeal in Griffiths: Malcolm comparison 'inapt' for reasonable adjustment cases

The Court of Appeal in Griffiths: Malcolm comparison 'inapt' for reasonable adjustment cases
In the disability discrimination decision of Griffiths v Secretary of State for Work and Pensions , the Court of Appeal provides helpful guidance on the proper comparator in reasonable adjustments cases. Rachel Crasnow QC and Sarah Fraser Butlin suggest that the Court’s conclusion – that the comparator is not akin to that in Malcolm – mus...
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Is the Government’s recent Trade Union bill compliant with the European Convention on Human Rights?

Is the Government’s recent Trade Union bill compliant with the European Convention on Human Rights?
By Ed Williams and Sarah Fraser Butlin In what has been billed as the biggest crackdown on trade union rights for 30 years, the Conservative government have published a draft Trade Union Bill along with three separate consultation documents on ballot thresholds in important public services, hiring agency staff during industrial action and tackling ...
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Radio 4 Unreliable Evidence: Clive Anderson asks Sarah Fraser Butlin what law can do for the gender pay gap

Radio 4 Unreliable Evidence: Clive Anderson asks Sarah Fraser Butlin what law can do for the gender pay gap
In “Unreliable Evidence”, broadcasted on BBC Radio 4 on 13 May 2015, Clive Anderson and a panel of senior legal experts discussed the apparent failure of the Equal Pay Act 1970 to bridge the gender pay gap.  Amongst those taking part was Cloisters barrister,Vice Chair of the Industrial Law Society and Cambridge academic Sarah Fraser Butlin who...
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Three Cloisters’ barristers elected on Industrial Law Society’s executive committee

Three Cloisters’ barristers elected on Industrial Law Society’s executive committee
Chambers is delighted to congratulate Sarah Fraser Butlin who was elected  Vice Chair of the Industrial Law Society at its recent elections. She is joined by Anna Beale who is the newly elected Secretary and Declan O’Dempsey on the executive  committee. Sarah Fraser Butlin is  and employment specialist ‘noted for her strength at appe...
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Henderson v GMB : Discrimination and philosophical belief

Henderson v GMB : Discrimination and philosophical belief
By Jennifer Danvers The recent EAT judgment in  Henderson v GMB   is a must-read for practitioners seeking to advance or respond to claims of discrimination on the grounds of philosophical belief.          The Facts Keith Henderson, a GMB Regional organiser was dismissed on 7 December 2012.  At first instance...
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Socio-legal case study considers the wave of equal pay litigation

Socio-legal case study considers the wave of equal pay litigation
The Cambridge Journal of Economics has recently published an article which Sarah Fraser Butlin co-wrote with Professor Simon Deakin, Colm McLaughlin and Aleksandra Polanska looking at equal pay litigation. The paper ( available here ) is a socio-legal case study considering the recent wave of equal pay litigation and exploring the role of collectiv...
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Radical overhaul of anonymity in approval hearings

Radical overhaul of anonymity in approval hearings
By Sarah Fraser Butlin The Court of Appeal have just handed down judgment in the key case of JXMX v Dartford and Gravesham NHS Trust [2015] EWCA Civ 96.  This fundamentally changes the approach to anonymity in approval hearings. The underlying case was a claim by a child, through her litigation friend, for injuries sustained at birth.  Ap...
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When is a religious or political belief appropriate?

When is a religious or political belief appropriate?
Employment Appeal Tribunal to consider when a manifestation of a religious or political belief is appropriate   Cloister’s barristers, Ed Williams and Sarah Fraser Butlin , are instructed in the case of GMB v Henderson which will be of fundamental importance to all discrimination lawyers. Keith Henderson was employed as a regional organiser in...
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New EHCPs : challenges and top tips

Cloisters barristers Yvette Genn and Sarah Fraser Butlin were on the panel of speakers at the charity Scope’s Family information Day event on 8 January hosted by the clinical negligence team of Pennington Manches. The primary focus of the event was Education, Health and Care Plans. Sarah and Yvette ran an extremely well received session on this top...
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Obesity and disability following Kaltoft

Can Employers now breath a sigh of relief following the 18 December judgment in the CJEU case of C‑354/13 Kaltoft v Municipality of Billund that obesity itself is not a protected characteristic?

Cloisters barristers, Rachel Crasnow and Sarah Fraser Butlin discuss.

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Stem cell freezing may have contributed to death – coroner rules

Stem cell freezing may have contributed to death – coroner rules
The coroner at the inquest of 12 year old cancer patient, Sophie Ryan-Palmer, who died in 2013 after frozen cells were used in a bone marrow transplant at Great Ormond Street Hospital, ruled that freezing stem cells may have contributed to her death. Three other children also died that year. All were treated at the hospital at the same time but die...
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Reasonable adjustments and comparators - why simple is not necessarily right

You have a claim for breach of the duty to make reasonable adjustments? Well, that’s simple isn’t it? No, not at all. Sarah Fraser Butlin and Rachel Crasnow explore the issues in reasonable adjustments claims and particularly the difficult comparator point which is raising its ugly head again. Very often when we are considering a claim for breach o...
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Why the Supreme Court’s decision in Preston is conceptually confused

Cloisters’ barrister Sarah Fraser Butli n considers the Supreme Court’s decision which held that there was no employment contract between the Methodist Church and its minister. Read Sarah’s commentary in November's Industrial Law Journal. Extract: This paper considers the case of The President of the Methodist Conference v Preston and suggests that...
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2014 Equality and Employment Update: Focusing on Legal Status, Disability and Flexible Working

On 14 October 2014, Rachel Crasnow , Sarah Fraser Butlin , and Sally Robertson delivered a 2014 Equality and Employment Update (which focused on legal status, disability and flexible working) as part of Cloisters’ Autumn Seminar Series. The paper accompanying this update, which was written by the speakers and Declan O’Dempsey , can be accessed here...
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Unlocking Liability: Difficult Defendants

On 2 nd October 2014, Daniel Lawson and Sarah Fraser Butlin delivered an evening seminar on “Unlocking Liability: Difficult Defendants”. The main points of the paper, which can be found in full at Seminar-02-10-14-handout-final.doc are summarised below. The first part of the seminar discusses the challenges for practitioners in dealing with cl...
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