The Latest from Cloisters

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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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Supreme Court to hear 'Gay Cake' case this week

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'Gay Cake': Ashers Bakery case is to be heard at the Supreme Court on Tuesday and Wednesday during its first-ever hearings in Northern Ireland. This long-running case began in May 2014 when gay rights activist Mr Gareth Lee placed an order for a cake with the slogan 'Support Gay Marriage' iced on top. The order was refused by Ashers Bakery. Represe...
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What is the price of a breach of covenant?

Jacques Algazy QC and Adam Ohringer  consider the recent Supreme Court case of Morris-Garner v One Step (Support) Ltd [2018] UKSC 20 , which examined the availability of so-called Wrotham Park damages in claims for breach of contract.  The facts of the case were startlingly simple, as was the legal issue which arose; the Judgment of the C...
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Newcastle upon Tyne Hospitals NHS Foundation Trust v Haywood [2018] UKSC – what are the implications of the Supreme Court’s judgment?

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Nathaniel Caiden considers today’s Supreme Court judgment in Newcastle upon Tyne Hospitals NHS Foundation Trust v Haywood [2018] UKSC  in which Caspar Glyn QC and Tom Brown successfully represented Mrs Haywood. Today’s Supreme Court judgment has identified a standardised implied term when giving written notice of dismissal (i.e., a term implie...
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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.

Glasgow City Council Decides Not to Appeal

Photo credit: BBC News 17 Jan 2017
Yesterday, Glasgow City Council decided that it would not pursue permission to appeal to the Supreme Court against the Court of Session decision in HBJ Claimants v Glasgow City Council [2017] IRLR 739. The Court had allowed the claimants’ appeal against rulings by the ET and EAT that the Workplace Pay and Benefits Review (“WPBR”), the job evaluatio...
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Time Limits under the Human Rights Act 1998: what is a “course of conduct”?

Anna Beale discusses the Supreme Court’s interpretation of the time limit provisions contained in the Human Rights Act 1998 in O’Connor v Bar Standards Board [2017] UKSC 78 The Statutory Provisions As will be known to most readers, the Human Rights Act 1998 (‘HRA 1998’) provides, in section 7(5)(a), that any proceedings brought against a public aut...
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Discrimination by qualification bodies: Michalak v General Medical Council [2017] UKSC 71

The Supreme Court has today put to rest a long-running ambiguity in how anti-discrimination laws can apply to qualification bodies such as the General Medical Council (“the GMC”). Adam Ohringer of Cloisters , led by William Edis QC of 1 Crown Office Row represented the successful Claimant, Dr Michalak, in the Supreme Court.  Robin Allen QC &nb...
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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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Identifying direct discrimination in “proxy cases” after R (on the application of Coll) v Secretary of State for Justice

Identifying direct discrimination in “proxy cases” after R (on the application of Coll) v Secretary of State for Justice
Dee Masters considers the recent Supreme Court decision of R (on the application of Coll) v Secretary of State for Justice [2017] UKSC 40 which was handed down on 24 May 2017.  A copy of the judgment is available here . Overview Coll is compulsory reading for discrimination lawyers. Lady Hale, who provided the leading judgment, examines the ex...
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Supreme Court hands down landmark disability decision in Paulley v FirstGroup plc

Supreme Court hands down landmark disability decision in Paulley v FirstGroup plc
Today, the Supreme Court handed down its landmark decision in Paulley v FirstGroup plc as a result of which bus companies must do more to give priority spaces to travelling wheelchair users. Robin Allen QC and Catherine Casserley represented Mr Paulley, instructed by Unity Law, and funded by the Equality and Human Rights Commission. The case was he...
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