Cloisters Latest News

News, Publications, Policies, Events and Blogs

Schona Jolly QC elected chair of Bar Human Rights Committee

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Specialist human rights and equalities barrister Schona Jolly QC has been elected as the Bar Human Rights Committee Chair, starting in 2019. The news of Schona’s election was announced on Wednesday evening at a farewell event for Kirsty Brimelow QC, who was chair for six years. On her popular twitter page, Schona announced, “It’s a huge privil...
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Braine v National Gallery: The ‘gig economy’ reaches the public sector

In the latest significant and high profile case on the employment status of ‘gig economy’ workers, Cloisters’ Chris Milsom (instructed by Gordon Dadds LLP) is acting for 27 artists and art lecturers who worked, in some cases for decades, for the National Gallery until their dismissal in October 2017.  The case has drawn widespread attention in...
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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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FGM and International Human Rights

Schona Jolly QC has filed an amicus curiae submission with a team of Three Crowns lawyers on behalf of four non-governmental organizations committed to the elimination of FGM: Equality Now, Sahiyo, WeSpeakOut, and Safe Hands for Girls  in support of the US  federal government’s ban on female genital mutilation (FGM) in United States ...
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Carl Sargeant's widow wins high court bid to challenge inquiry into his sacking

Cloisters’ Sheryn Omeri , led by Nathalie Lieven QC, instructed by Hudgell Solicitors, today obtained permission from the Administrative Court (Mr. Justice Supperstone) for the widow of the late Carl Sargeant AM to seek judicial review of the procedure by which an Investigation into the Welsh First Minister’s removal of Mr. Sargeant from office wou...
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The Hamlyn Lecture 2018. The Newest Problem: Making a Fair Comparison across all Ages, Robin Allen QC

The Hamlyn Lecture 2018 'The Newest Problem: Making a Fair Comparison across all Ages. Robin Allen QC Tuesday 23rd October, 17:30 Queen's University Belfast, School of Law Moot Court The first of three lectures under the title 'Why is equality so difficult?' Watch the full lecture  here .

Cloisters' Jason Galbraith-Marten QC and Sheryn Omeri to appear in Court of Appeal for Uber drivers

This week, Cloisters barristers, Jason Galbraith-Marten QC and Sheryn Omeri will appear in the Court of Appeal, instructed by Bates Wells Braithwaite, on behalf of Claimant Uber drivers, Yaseen Aslam and James Farrar defending Uber’s appeal against the finding of the London Central Employment Tribunal and Employment Appeal Tribunal that Uber driver...
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Cloisters success at the Chambers & Partners Bar Awards 2018

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Cloisters is delighted to announce its success at the Chambers & Partners Bar Awards 2018:  Cloisters is the Employment Set of the Year William Latimer-Sayer QC is Personal Injury and Clinical Negligence Silk of the Year Tom Brown nominated for Employment Junior of the Year

Judgment in Hewes v Tanna [2018]

In Hewes v Tanna [2018] EWHC 2715 (QB) Joel Donovan QC and Martyn McLeish succeeded in reversing Master Cook’s order granting the defendant GP summary judgment. Joel and Martyn were instructed by Dr Jock Mackenzie and Amy Wedgwood at Anthony Gold Solicitors. The Master’s decision ([2018] EWHC 1345 QB) evoked widespread comment and some consternatio...
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AI Justice: Artificial intelligence decision-making and the law

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On Tuesday 16th October 2018  Robin Allen QC and Dee Masters  delivered the session 'AI Justice: Artificial intelligence decision-making and the law' at the Public Law Project’s annual Judicial Review Trends and Forecasts conference . The talk covered concerns about the introduction of AI technologies into decision-making proces...
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The Bullying and Harassment of House of Commons Staff: Independent Inquiry Report

THE BULLYING AND HARASSMENT OF HOUSE OF COMMONS STAFF INDEPENDENT INQUIRY REPORT DAME LAURA COX DBE Download the report here

Sarah Fraser Butlin and Tamar Burton appointed to the Infected Blood Inquiry

Specialist claimant clinical negligence barristers Sarah Fraser Butlin and Tamar Burton have been appointed as lead junior and junior counsel to the Infected Blood Inquiry. The public inquiry is looking at how thousands of NHS patients were given blood products contaminated with HIV, Hepatitis C and other infections during the 1970s and 1980s ...
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Cloisters' Paul Michell and Rachel Barrett act for whistleblower in OFGEM case.

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Cloisters' Paul Michell and Rachel Barrett act for Greg Pytel, an economist with oversight of the rollout of the £10.9bn smart meter programme, who says he was told he could not expose concerns about his employer, OFGEM, and that they have exploited national security law to silence him. Read the full story here

Three Chambers Bar Awards Nominations for Cloisters

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Cloisters is thrilled to announce that we have received three nominations for the Chambers and Partners Bar Awards 2018. The awards are based on research for the 2019 edition of  Chambers Bar and reflect a set's pre-eminence in key practice areas. They also reflect notable achievements over the past 12 months including outstanding work, i...
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Rachel Crasnow QC nominated for Diversity Legal Award

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Renowned employment specialist  Rachel Crasnow QC  has been recognised by the UK Diversity Legal Awards as a nominee for Diversity Champion of the Year.  The UK Diversity Legal Awards was founded in 2009 to showcase and celebrate work being done by individuals, teams and organisations to engender greater diversity in the legal profes...
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Robin Allen QC to lead Hamlyn Lecture Series 2018

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Head of Chambers Robin Allen QC is to lead the Hamlyn Lecture Series 2018.  The Hamlyn Trust has sought to further knowledge and understanding of the law since 1949 with a series of public lectures by eminent speakers including distinguished judges, legal practitioners and academic lawyers. In this years' lecture series, Robin will discus...
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Four silks and one junior highlighted in Who's Who Legal, Labour & Employment 2018

The newest edition of Who's Who Legal has been launched and recommends 5 Cloisters barristers including Robin Allen QC , Paul Epstein QC , Caspar Glyn QC , Jason Galbraith-Marten QC and Dee Masters .  The directory, which has been listing the foremost legal practitioners since 1996, has also recognised Robin, Paul and Caspar as thought le...
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Carl Sargeant Judicial Review Proceedings issued

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Cloisters’ Head of Public and Administrative Law, Sheryn Omeri is instructed on behalf of Bernadette Sargeant, widow of the late Carl Sargeant member of the Welsh Assembly, led by Leslie Thomas QC. Mr. Sargeant took his own life in November 2017 after being suspended from his post by the First Minister of Wales. The First Minister committed to esta...
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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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Court of Appeal hands down judgment in 'sleep-in' case of Mencap

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The Court of Appeal handed down judgment this morning in the combined appeals of in Royal Mencap Society v Tomlinson-Blake and Shannon v Rampersad (full judgment available here ). In the sole judgment, Lord Justice Underhill has overturned a substantial body of case law and found that “sleep-in” residential care workers are only entitled to the Nat...
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New paper from Robin Allen QC and Dee Masters: Algorithms, Apps & Artificial Intelligence

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Since publishing their popular blog  Algorithms, Apps & Artificial Intelligence:  The next frontier in discrimination law , Robin Allen QC and Dee Masters have had many enquiries and follow ups both here in the UK and Europe. Yesterday, Wednesday 4th July 2018, they delivered a talk of the same name to the Discrimination Law Asso...
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Cloisters’ specialist fire service barrister speaks for the FBU at Grenfell Inquiry

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Cloisters’ specialist fire service barrister, Martin Seaward , is acting for the Fire Brigades Union (FBU) and the firefighters and control staff whom it represents at the ongoing Grenfell Tower Inquiry. After many years representing the bereaved families of deceased fire fighters who died fighting fire, Martin is well placed to assist the FBU in t...
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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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Important principle in whistle-blowing law to be considered by the Court of Appeal

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On Wednesday 13 June 2018 the Court of Appeal will hear the case of Kilraine v London Borough of Wandsworth . Cloisters’ barristers Chris Milsom and Rachel Barrett represent the appellant, Karen Kilraine, who is challenging the decision of the employment tribunal to dismiss her whistle-blowing claim. A key point in the appeal is whether the law dis...
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Sir Stephen Sedley publishes Law and the Whirligig of Time

Sir Stephen Sedley has published a new book, 'Law and the Whirligig of Time '. Drawing on over 30 years of experience of the law, first as a QC, then as a judge, and latterly as a visiting professor of law at Oxford, Stephen Sedley has written and lectured widely for a variety of audiences.  This new volume contains more recent artic...
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Catherine Casserley instructed for severely disabled boy suing theme park

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Specialist equality and discrimination barrister Catherine Casserley is instructed for 11 year old Adam George, a severely disabled boy who is suing Flambards Theme Park, in Cornwall for failing to provide a suitable 'changing places' lavatory.  It is the first case involving the 'Changing Places' campaign, which is trying to get service provi...
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Sarah Fraser Butlin elected to Fellowship at Cambridge University

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Cloisters is delighted to announce that  Sarah Fraser Butlin  has been elected to a Fellowship at  Selwyn College, Cambridge.   Sarah will be continuing in practice in Cloisters, alongside her teaching and research in Cambridge.

Cloisters awarded Well-being Certificate of Recognition

Cloisters has been awarded a Wellbeing Certificate of Recognition  by the Bar Council's Wellbeing at the Bar Working Group.  Cloisters decided to promote well-being in the work place to raise awareness among barristers and staff of the benefits of reducing stress and anxiety caused by excessively busy professional lives. We begun to tackl...
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Celebrating the newest edition of the Equal Treatment Bench Book

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Cloisters’ John Horan celebrates the new edition of the Equal Treatment Bench Book (ETBB), published last February, which provides genuine advice and a sure-fire method of taking seriously the reasonable adjustments that disabled people require for the litigation process. This comes at a time when, in particular, employment tribunals have shown the...
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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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Senior civil servant wins employment case against the Commonwealth Secretariat

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Specialist employment and discrimination silk Tom Coghlin QC successfully represented a senior international civil servant, who was forced to resign his position with the Commonwealth Secretariat after he was blamed for leaking stories to the press, following a specially convened employment tribunal in London. Mr Ram Venuprasad resig...
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New instruction for Cloisters from the Labour Party

The Labour Party has instructed  Tom Gillie , Rachel Barrett and Nathan Roberts  from Cloisters to advise it in relation to ongoing sensitive internal complaints of alleged anti-semitism and sexual harassment against party members.  Tom, Rachel and Nathan are specialists in discrimination and regulatory law. This news page will ...
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Patricia Hitchcock QC and Jacques Algazy QC appointed recorders.

We are delighted to announce that two Cloisters barristers have today been appointed as Recorders of the Crown Court. Patricia Hitchcock QC and  Jaqcues Algazy QC  have both been appointed to sit in the Crown Court with effect from 25 April 2018. Patricia will sit in the South Eastern Circuit and Jacques will sit in the North Eastern circ...
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Sexual harassment in the workplace, a new report from EHRC

On Tuesday 27th March, the Equality and Human Rights Commission launched their report into sexual harassment in the workplace. The report 'Turning the Tables: Ending Sexual Harassment at Work' shares evidence about sexual harassment in the workplace gathered from individuals and employers, and includes a framework of recommendations for change.&nbs...
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Catherine Casserley represents 11 year old Ben Gleeson in £42,000 disability discrimination claim

Catherine Casserley  represented Ben Gleeson and his family after Ben was told by his scout group that he could not go to camp or take part in athletics without supervision. Scout pack leaders said Ben could not travel with the rest of the group on a bus to events or participate in athletics. They also said he had to have one-to-one super...
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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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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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Rachel Barrett represents bereaved family of Robin Richards

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Cloisters’ Rachel Barrett represents the bereaved family of Robin Richards, whose death has highlighted a lack of provision for people with Asperger’s Syndrome. A two week jury inquest in Wells, Somerset has concluded that the issues which contributed to Robin taking his own life included communication; training; information sharing; discharge plan...
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Join our growing team

        Cloisters is a highly-regarded and long-established set with a modern outlook.  We are expanding our team and invite applications from exceptional junior practitioners of all calls who share our core values and who have established practices in one or more of our practice areas: Employment/Discrimination, Personal I...
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12 Week rights for agency workers: Kocur v Royal Mail

Tom Coghlin QC considers the important judgment of the Employment Appeal Tribunal (EAT) in Kocur v Royal Mail and anor UKEAT/0181/17 , a decision which brings much-needed clarification to the rights of agency workers to the same basic working and working conditions under the Agency Worker Regulations 2010. Nathaniel Caiden of Cloisters appeared for...
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When does ‘stand-by’ work constitute working time? - Judgment of 21 February 2018, Ville de Nivelles v. Rudy Matzak, Case C 518/15.

In this blog Andrew Buchan considers Wednesday’s judgment by the Court of Justice of the European Union on stand-by work. Why is this case important? It explains the effect of the Working Time Directives on two different types of stand-by systems. One requiring ‘permanent accessibility’ (i.e. to be contactable off the work premises) and the other r...
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Job interviews “ripe territory” for maternity discrimination.

Job interviews “ripe territory” for maternity discrimination.
The Equality and Human Rights Commission has today published a new study revealing the extent of maternity and pregnancy discrimination in recruitment. Showing that many businesses’ attitudes are decades behind the law, the survey of 1,106 senior decision makers in business found around a third (36%) of private sector employers agree that it is rea...
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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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4th edition of Personal Injury Schedules: Calculating Damages published

A new edition of Personal Injury Schedules: Calculating Damages has been released. The updated text will take account of developments resulting from case law since the last edition in 2010. The text covers in one single volume all that the PI practitioner needs in order to calculate damages in a personal injury case. It provides a guide to the asse...
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Nathan Roberts appointed to the Attorney General's Panel of Counsel

Cloisters offers its congratulations to Nathan Roberts who has been appointed to the C Panel of Junior Counsel to the Crown in his first year of eligibility. His appointment will take effect from March 2018.

Closing the Race Employment and Pay Gaps: Levers for Change

Wednesday 31 January 2018, 10 - 1pm The Equality and Diversity Forum and Cloisters are excited to host, Closing the Race Employment and Pay Gaps: Levers fo r Change.  This seminar will focus on how we can work together to achieve policy and behaviour change, hearing from leading experts in these fields. An interactive panel session will provid...
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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.

Catherine Casserley instructed in Little Mix sign language row.

Catherine Casserley , an expert in disability discrimination is instructed for a deaf mother who is suing Little Mix promoter in sign language argument.  In order that she could fully access the performance, Sally Reynolds asked the organisers of a Little Mix concert, LHG Live, to provide a British Sign Language interpreter. Under the Equality...
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Cloisters sponsors the launch of the Fawcett Society Sex Discrimination Law Review

                      Fawcett Society Sex Discrimination Law Review Launch, Tuesday 23 January 2018 Cloisters is delighted to announce sponsorship of the launch of the Fawcett Society Sex Discrimination Law Review. The Fawcett Society , the UK’s leading charity campaigning for gender equal...
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Glasgow City Council Decides Not to Appeal

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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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Arthur Davidson QC

It is with great sadness that we announce the loss of our great friend and esteemed colleague Arthur Davidson QC who passed away on Tuesday evening.  Arthur Davidson QC was called to the Bar in 1953 and took silk in 1978. From 1982 to 1983 he was Shadow Attorney General for the Labour party. He was Legal Director of Associated Newspapers from ...
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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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Is age discrimination keeping older people out of work?

Dee Masters gave oral evidence to the Women and Equalities Committee today (10 January 2018) concerning ways in which the law could be modified so as to improve the recruitment and retention of older workers.  She shared a panel with Christopher Brooks (Senior Policy Manager, Age UK), Elizabeth Prochaska (Legal Director, Equality and Human Rig...
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Claire McCann: What privacy rights do employees have in the workplace?

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Get out of my Face...book! Can employees enjoy any privacy in the workplace? Experienced employment, discrimination and equality barrister, Claire McCann , will host the above session in Manchester tomorrow evening (Tuesday 9th January). Claire will examine recent case law in her attempt to unpick some of the thorny questions thrown up by the ...
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Schona Jolly QC on plugging the post-Brexit human rights gap

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Human rights and equalities lawyer Schona Jolly QC  warns that the government’s refusal to incorporate the EU Charter of Rights into UK law will weaken human rights protections.  In an article published in the Guardian yesterday, Schona explains that the government's analysis “fails to tackle the legal reality that abandoning the cha...
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COA dismisses whistleblowing judge’s appeal in Gilham v MOJ

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The Court of Appeal has today (21 December 2017) given judgment in the much awaited “are judges workers?” case of Gilham v MOJ . They have rejected the argument that judges work under contracts or that denying them whistleblowing rights breaches their human rights under Article 10 and 14. The judgment recognises that the distinction between those e...
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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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Appeal court to scrutinise legality of enhanced shared parental pay

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The Employment Appeal Tribunal will hear the appeal in  Ali v Capita Customer Management Ltd  tomorrow, Wednesday 20th December, 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 plac...
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Schona Jolly QC on BBC World News: Why the world must act now to protect the Rohingya

Schona Jolly QC  appeared on BBC World News today to discuss human rights concerns of the Rohingya refugee crisis in Myanmar.  Schona explained that the urgent priority is to ensure that there is no continued impunity, that access is needed to Rakhine state in order to collect and preserve evidence and that the international community mus...
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2 New Silks for Cloisters

Cloisters is delighted to announce that  Ed Williams  and  Tom Coghlin  have been successful in the 2017 silk competition. They will both be appointed to Queen's Counsel at a ceremony taking place on 26th February 2018 at Westminster Hall. Warmest congratulations to Ed and Tom from all at Cloisters, we wish you every success for...
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Denial of UK State Pension to Transgender Pensioner Constitutes Direct Sex Discrimination

Denial of UK State Pension to male-to-female trans pensioner without a Gender Recognition Certificate constitutes direct sex discrimination contrary to EU Directive 79/7. In MB v Secretary of State for Work & Pensions , Advocate General Bobek considers that the requirement for a trans pensioner to be unmarried in order to qualify for a state pe...
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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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Tom Brown acts for successful trade union in £1m collective consultation claim

An Industrial Tribunal in Belfast has upheld a £1m claim that Ulster University failed to consult about collective redundancies, following a two-week trial. The Tribunal accepted Tom’s submissions that there had been a serious failure to consult, and that management had actively misled union officials by not revealing how advanced the proposals to ...
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Essop & Naeem in the Supreme Court: giving answers and provoking new questions in indirect discrimination

The death of holiday pay has been greatly exaggerated, but has the King slain Bear Scotland?

Caspar Glyn QC considers the decision of C‑214/16 King v The Sash Windows Workshop Limited which was handed down today. Summary The Court of Justice of the European Union has been saying, in its judgments over the past 11 years again and again and, yes, again that the right to paid holiday is a central European right that can’t be interpreted restr...
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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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Ayodele v Citylink: burden of proof orthodoxy restored

Daniel Dyal considers the latest decision of the Court of Appeal on the burden of proof. It was 10.29 am on 10 August 2017 and all employment lawyers were sure they understood how the burden of proof provisions at s.136 Equality Act 2010 worked. It was all about Igen v Wong [2005] ICR 931 with a dash of refinement from Madarassy v Nomura Internatio...
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Paul Epstein QC and Catherine Casserley shortlisted for The Legal 500 UK Awards 2018

  Cloisters is delighted to announce that Paul Epstein QC has been shortlisted for Employment Silk of the Year by The Legal 500 alongside Catherine Casserley for Employment Junior of the Year. The Legal 500 conduct their research over many months and hold interviews with in-house counsel, law firms and sets in the UK. This nomination recognise...
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Martin Seaward 'Fire Risk Assessment' for the Residential Property Tribunal

                    Specialist personal injury barrister Martin Seaward delivered a talk on 'Fire Risk' yesterday to the London region of the Residential Property Tribunal. The talk covered the statutory history of regulations from the Great Fire of London in 1666 and gave a review of the current st...
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Sarah Fraser Butlin Instructed in Groundbreaking Case

Cloisters’ Sarah Fraser Butlin is instructed as junior to John Hendy QC in the ground-breaking case by the IWGB seeking recognition for outsourced workers. If the IWGB is successful the case could open the doors for workers throughout the UK to collectively bargain with their de-facto employer as well as their direct employer.  For further pre...
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Uber drivers are “workers”; Employment Appeal Tribunal confirms today

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Today, the Employment Appeal Tribunal handed down its landmark decision in Aslam & Farrar v Uber confirming that Uber drivers are “workers” and entitled to be paid minimum wage, holiday pay and not be subjected to detriment if they blow the whistle. The judgment is here . Jason Galbraith-Marten QC and Sheryn Omeri represented the Claimant Uber ...
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Olivia Dobbie on the Victoria Derbyshire show discussing Uber

Cloisters’ Olivia Dobbie spoke on the Victoria Derbyshire show in the build up to the Uber decision.  A link is available here.   Olivia's interview starts at 1 hour, 11 minutes.  

Uber judgment to be handed down on Friday, 10 November

Judgment will be handed down by the Employment Appeal Tribunal in the case of Aslam & Farrar v Uber on Friday, 10 November at 10:30am.  A copy of the Employment Tribunal judgment which is being appealed is available here . Cloisters’ Jason Galbraith-Marten QC and Sheryn Omeri , instructed by Paul Jennings and Rachel Mathieson of Bates Well...
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Daphne Romney QC spoke on Radio 4's Today Programme

There are allegations of sexual harassment from Hollywood to Westminster and in many workplaces, big and small. But what are the mental, physical and economic costs of raising a claim and going to an Employment Tribunal? Cloisters’ Daphne Romney QC spoke to Nick Robinson on Radio 4’s Today Programme. Her clip starts 53.48 minutes in here .

Benkharbouche: EU Law reigns supreme (for now) & other important lessons

The legal press has mostly viewed Benkharbouche v SOS for Foreign and Commonwealth Affairs  [2017] UKSC 62 in the Supreme Court [“SC”] as a case which simply addresses the interplay between State Immunity and the Employment Tribunals.  But, the other significance to this case is that it contains commentary the on the supremacy of EU Law, ...
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Cloisters is delighted to announce that it has been ranked in Chambers and Partners 2018 as a leading set in the field of employment, personal injury and clinical negligence. We also have ranked individuals in sport and civil liberties.

Cloisters is delighted to announce that it has been ranked in Chambers and Partners 2018 as a leading set in the field of employment, personal injury and clinical negligence.  We also have ranked individuals in sport and civil liberties.

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 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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Schona Jolly QC speaks out over Myanmar's Rohingya crisis in Parliament

Schona Jolly QC , on behalf of the Bar Human Rights Committee, was part of a panel led by Rushanara Ali MP, Paul Scully MP and others discussing the urgent crisis facing Myanmar's Rohingya population. Schona was addressing the international law aspects of the crisis. She has also written an Op-Ed which is published in Prospect here: https://www.pro...
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Reach of whistleblowing provisions put to the test in Bamieh v FCO and ors

The Employment Appeal Tribunal will consider the landmark appeal of Maria Bamieh v FCO and ors next week. Ms Bamieh was a British prosecutor seconded by the FCO (along with others) to work for Eulex Kosovo, an EU mission in Kosovo. Ms Bamieh alleges that she blew the whistle in relation to judicial corruption and was subjected to serious detrimenta...
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Tribunal rejects claim of religious discrimination by NHS Non-Executive Director opposed to same-sex adoption (Page v NHS Trust Development Authority)

Last week London South Employment Tribunal dismissed a claim by Richard Page for religious discrimination. The case concerned the NHS Trust Development Authority’s decision that he was not a suitable person to hold office as a Non-Executive Director in the NHS because of his conduct in publicising his opposition to same-sex adoption in the national...
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Daphne Romney QC discusses sexual harassment on BBC Radio interview

Sexual harassment is very much in the news with allegations made against high profile people in the film and media industries. But there is sexual harassment of women (and men) in offices and places of business, big and small, in every sector across the UK. Daphne Romney QC discussed the fine line between courtship and harassment with Ed Butler on ...
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Al-Hijrah School: Gender segregation as direct discrimination and other lessons

Rachel Barrett and Siân McKinley consider the recent Court of Appeal judgment on gender segregation,   HM Chief Inspector of Education, Children’s Services and Skills v The Interim Executive Board of Al-Hijrah School , and the broader implications for discrimination law. Introduction The Court of Appeal has held that complete segregation of gi...
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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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A Guide to using Statistics in Employment and Equality Litigation

Numbers can be anathema to many lawyers. Yet statistics are a useful weapon in the litigation armoury. This week the Government released its Race Disparity Audit which provides a wealth of such statistics and is a timely reminder of the role that they can play in litigation.  Tom Gillie discusses three recent examples of how statistics can be ...
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Cloisters' Legal 500 Rankings

Cloisters is delighted to announce that it is has been ranked as a leading employment, clinical negligence and personal injury set in the latest Legal 500 rankings which were published today.  Many of our barristers have been singled out for particular praise  in the employment, human rights, clinical negligence, personal injury and inque...
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Regulatory Digest July- September 2017

Brookman v GMC [2017] EWHC 2400 (admin) -          The High Court overturned the MPTS decision to erase from the register a doctor accused of sexual misconduct. HC held that the Tribunal had erred in failing to postpone the hearing and order a further health assessment of the doctor before reaching a dec...
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The role of the Legally Qualified Chair at the MPTS

Sally was appointed in July 2017 to sit as a Legally Qualified Chair of the MPTS. The MPTS was created as an independent Tribunal system, to hear cases of fitness to practice for the GMC. Those who sit as legal and lay members are independent of the GMC. The unique system of the MPTS takes some elements of Civil Court Procedure and some of Tribunal...
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Tom Coghlin and Navid Pourghazi Nominated for Bar Pro Bono Award

Tom Coghlin and Navid Pourghazi have been nominated for this year’s Bar Pro Bono Award partly due to their success in Efobi v Royal Mail Group which contained significant commentary on the burden of proof in discrimination claims.  The winner will be announced at the Bar Conference on 4 November 2017.

Foster carers are the next battleground in the debate concerning worker status

The Independent Workers Union of Great Britain (IWGB) are supporting a number of foster carers who allege that they are “workers” and as such entitled to significant compensation for holiday pay.  An article from the BBC outlining one element of this litigation is available here: http://www.bbc.co.uk/news/uk-41543651 .  Cloisters’ barrist...
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Professional Disciplinary Case Digest – July 2017

A summary of legally noteworthy appeals in the High Court against decisions of professional disciplinary panels.   Please note that discussion below is based on summaries of judgments that were delivered ex tempore.  1.         Watters v Nursing & Midwifery Council QBD (Admin) (Cheema-Grubb J) 0...
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No right to assisted death: Conway v Secretary of State for Justice

In recent years, disabled and terminally ill applicants have brought repeated legal challenges to section 2 of the Suicide Act 1961, which makes it an offence intentionally to do an act capable of encouraging or assisting the suicide or attempted suicide of another.  Anna Beale considers Conway v Secretary of State for Justice , the most recen...
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Catherine Casserley is lecturing in St Petersburg

Catherine Casserley is lecturing on the UN Convention on the Rights of Persons with Disabilities in St Petersburg at a workshop on 29 September 2017.  The workshop is for Russian human rights lawyers specialising in disability and is a project organised jointly by Citizens Rightswatch International, a St Petersburg Human Rights NGO, and the Un...
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Employment Law Conference: What You Need to Know in 2018

At this one-day conference to be held at Parliament Chamber, Inner Temple on Wednesday 1st November 2017, Cloisters’ leading silks and juniors will provide first class legal and practical advice on a range of current and emerging employment law issues for 2018. The conference will be relevant to all legal and HR professionals. Please clic...
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Cloisters launches an Equality & Diversity Mini-Pupillage Scheme

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In keeping with Cloisters’ commitment to making to the Bar as a profession more accessible, Cloisters has launched an Equality & Diversity Mini-Pupillage Scheme for the 2017/2018 mini-pupillage intake. Five of the 10 mini-pupillages in this year’s mini-pupillage round are reserved for applicants from less advantaged backgrounds, or applicants w...
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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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Cloisters act in Uber case

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Jason Galbraith-Marten QC and Sheryn Omeri , barristers at Cloisters, are representing Uber drivers who have brought claims against Uber BV (Dutch parent company), Uber London Limited and Uber Britannia Limited as test cases. They are instructed by Bates Wells Braithwaite. The drivers are claiming that they are entitled to minimum wage, holiday pay...
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Technology Conference, 14th September 2017 in London

Technology Conference being held on 14th September 2017 at the Pullman Hotel, King/s Cross, London.  Please click here for full information.

Nominations for Chambers UK Bar Awards 2017

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Cloisters are delighted to announce that Rachel Crasnow QC and Dan Lawson have been nominated for Silk of the Year (Employment) and Junior of the Year (Personal Injury / Clinical Negligence) respectively.  The 2017 Chambers UK Bar Awards will be held at The London Hilton on Park Lane on Thursday, 26th October 2017.  

A radical reconsideration of the burden of proof: Efobi v Royal Mail Group Ltd (EAT)

In an important decision on the correct interpretation of the burden of proof provisions in the Equality Act 2010, Efobi v Royal Mail , Tom Coghlin and Navid Pourghazi successfully appealed against an employment tribunal’s decision to dismiss a claimant’s race discrimination complaints. S.136 of the Equality Act 2010 provides for a two-stage burden...
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