The Latest from Cloisters

News, Publications, Policies, Events and Blogs

Is Enhanced Shared Parental Pay Legal?

The EAT will hear the appeal in Ali v Capita Customer Management Ltd today on the issue of whether employers who offer enhanced maternity pay must also offer enhanced Shared Parental Pay.  The joined appeal of Hextall v Chief Constable of Leicestershire Police will take place in January 2018.  Siân McKinley considers the significance of t...
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Spying at work: Has the European Court of Human Rights really struck a blow for employees?

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To misquote Mark Twain, reports that the right to privacy in the workplace is dead have been greatly exaggerated. However, media speculation that employers can no longer monitor the communications of their employees is inaccurate. Siân McKinley comments on the recent judgment of Barbulescu v Romania and provides some practical points on how to avoi...
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The Supreme Court, ET fees and access to justice: Stopping the government in its tracks

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Caspar Glyn QC , Schona Jolly QC and Sian McKinley consider the implications of today’s seismic decision from the Supreme Court which ruled that ET fees are unlawful: R (on the application of UNISON) v Lord Chancellor [2017] UKSC 51.   Judgment Lord Reed, delivering the lead judgment, held the Employment Tribunals and the Employment Appeal Tri...
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School attendance awards: a poor lesson in tolerance to disabilities

School attendance awards: a poor lesson in tolerance to disabilities
Declan O’Dempsey and Siân McKinley consider the problems caused by school attendance award schemes. Some schools have started trying to encourage 100% attendance by pupils by having attendance awards schemes.  There are various ways in which a school can do this, and the precise way will be a matter for the school.  However, certain metho...
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Cloisters wins ‘Barristers’ Chambers of the Year’ and ‘Case of the Year’ at Eclipse Proclaim Personal Injury Awards 2015

Cloisters wins ‘Barristers’ Chambers of the Year’ and ‘Case of the Year’ at Eclipse Proclaim Personal Injury Awards 2015
Cloisters is delighted to announce that it has won two awards at the Eclipse Proclaim Personal Injury Awards 2015:  ‘ Barristers’ Chambers of the Year ’ and ‘ Case of the Year ’. The case in question,  JXMX (A Child) v Dartford and Gravesham NHS Trust  [2013] EWHC 3956 (QB), fundamentally changes the approach to anonymity i...
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Goods, facilities and services: Age discrimination problems arise in unexpected places

Goods, facilities and services: Age discrimination problems arise in unexpected places
By Dee Masters and Siân McKinley Overview There has been a ban on age discrimination in goods, facilities and services in Great Britain since 1 October 2012 but very little litigation or publicity.  However, age discrimination problems can arise in some unexpected but common areas.  It seems likely that service providers have been lulled ...
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Cloisters’ case short-listed for 'Outstanding Case of the Year' in Personal Injury Awards 2015

Cloisters’ case short-listed for 'Outstanding Case of the Year' in Personal Injury Awards 2015
Cloisters is delighted to announce that one of its cases has been short-listed for 'Outstanding Case of the Year' in the Eclipse Proclaim Personal Injury Awards 2015. The case in question: JXMX (A Child) v Dartford and Gravesham NHS Trust  [2013] EWHC 3956 (QB) fundamentally changes the approach to anonymity in approval hearings...
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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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US Supreme Court legalises same-sex marriage and other developments

US Supreme Court legalises same-sex marriage and other developments
On Friday 26 June 2015 same-sex marriage was recognised as a constitutional right in the USA. Siân McKinley looks at the judgment in Obergefell v Hodges , and future areas of development for the UK. Obergefell v Hodges The Fourteenth Amendment to the US Constitution provides that no state shall “deprive any person of life, liberty, or property, wit...
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SPLash (advice on shared parental leave) website now LIVE

SPLash (advice on shared parental leave) website now LIVE
By Claire McCann An alliance of organisations with expertise in employment law and issues affecting parents at work have created SPLash, a website dedicated to providing advice on the new rights relating to shared parental leave.  The legislation governing these rights can be complex to navigate and SPLash hopes to provide much needed clarific...
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Cloisters responds to public consultation by the European Commission on its review of the Working Time Directive

Cloisters responds to public consultation by the European Commission on its review of the Working Time Directive
A team of four Cloisters’ barristers, Claire McCann , Olivia Dobbie , Sian McKinley and Chesca Lord , have co-written a response to the public consultation by the European Commission in connection with its review of the Working Time Directive.  The consultation was announced in December 2014 and concluded on 18 March 2015.  Here is a...
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Indirect discrimination by association: a regressive step?

By Dee Masters and Siân McKinley Overview Since C-303/06 Coleman v Attridg e 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. The facts of Coleman provide a c...
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Hydrotherapy in the home

Hydrotherapy in the home
By Siân McKinley In the recent case of A (A Child) v University Hospitals of Morecambe Bay NHS Foundation Trust [2015] EWHC 366 (QB) the claimant was awarded the cost of installing a hydrotherapy pool in her home. Here we look at the circumstances in which a defendant will be ordered to pay such expensive costs. Facts As a result of negligent deliv...
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Shared parental rights and discrimination

Shared parental rights and discrimination
The new shared parental leave and pay rights are now in force and employers will be taking steps to introduce policies to comply. Cloisters employment law barristers, Sian McKinley and Robin Allen QC , explain how employers will have to rethink their approaches to maternity and parental leave to avoid claims of sex discrimination. The Shared Parent...
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What does Duty of Candour mean for employers?

By Dee Masters and Sian McKinley So far, commentators have focused on the interplay between clinical negligence law and the Duty of Candour. But the latest requirements also have important repercussions for those in regulated professions such as doctors and nurses and their employment relationships. In this article, we look at steps which employers...
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Can professional bodies intrude in private lives?

The purpose of the professional regulatory bodies is to uphold the reputation and ensure public confidence in the profession. A professional who has committed dishonesty or impropriety while carrying out his or her professional duties can expect severe sanctions from the relevant regulatory body. To what extend can the regulatory body sanction a pr...
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