Cloisters Latest News

News, Publications, Policies, Events and Blogs

Tribunal finds compulsory retirement of cricket umpires at 65 was not age discrimination

Tribunal finds compulsory retirement of cricket umpires at 65 was not age discrimination
By David Massarella On 13 March 2015 the London Central Employment Tribunal gave judgment in a test case about the right of the England and Wales Cricket Board (‘EWCB’) to dismiss first class umpires (‘FCUs’) at 65.  In Willey and Sharpe v England and Wales Cricket Board it rejected the idea that the EWCB could rely on its stated aim of avoidi...
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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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Spinal orthopaedic specialist found negligent in failure to diagnose child with scoliosis

Spinal orthopaedic specialist found negligent in failure to diagnose child with scoliosis
Spinal orthopaedic specialist found negligent in failure to diagnose child with scoliosis Simon Dyer Cloisters  clinical negligence and personal injury barrister acted for the successful claimant in  Tresidder v Royal Cornwall Hospitals NHS Trust ( Queens Bench Division)11 March 2015 where an eminent spinal orthopaedic surgeon was fo...
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Terri Paddock wins unfair dismissal claim against WhatsOnStage

Terri Paddock wins unfair dismissal claim against WhatsOnStage
If WhatsOnStage recommended you a play about a woman sacked for sexual harassment of another woman at the Office Christmas Lunch, even though the alleged victim had never made a complaint, you might have thought it sounded too far-fetched. Sadly for Terri Paddock, its well-known Managing Director, it was all too true. Two days after the lunch Ms Pa...
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Seven members appointed to the Equality & Human Rights Commission Panel of Preferred Counsel

Seven members appointed to the Equality & Human Rights Commission Panel of Preferred Counsel
All Cloisters' employment specialists are experts in the area of  E quality Law , so we are delighted to announce that seven of its members have been appointed to the Equality and Human Rights Commission’s (EHRC) new Panel of Preferred Counsel.  They are: Robin Allen QC ;  Paul Epstein QC  ;  Declan O’Dempsey ;  Cather...
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CA delivers much needed guidance on granting anonymity at approval hearings

CA delivers much needed guidance on granting anonymity at approval hearings
JX MX v Dartford  Gravesham NHS Trust [ 2 015] EWCA Civ 96 In a landmark judgment handed down today the Court of Appeal have given guidance concerning the request for anonymity at approval hearings. Approval hearings are required under Part 21 of the Civil Procedure Rules when cases are settled on behalf of children and adults who lack capacit...
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Sheryn Omeri awarded a Pegasus Scholarship to work at the International Criminal Court

Sheryn Omeri awarded a Pegasus Scholarship to work at the International Criminal Court
Cloisters is delighted to announce that Sheryn Omeri  has been awarded a Pegasus Scholarship to work in the Prosecutor’s office at the International Criminal Court.  Sheryn will start on 13 April and finish on 10 July 2015 when she will be back at Chambers.
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Whistle-blower doctor challenges MOD over sacking by text

Whistle-blower doctor challenges MOD over sacking by text
Cloisters' barrister Schona Jolly appears for whistle-blower, Dr Stephen Frost, who was fired by text after requesting a police investigation into the dispensing of morphine sulphate tablets at an army base near Blackpool. Dr Frost, who has been granted leave to challenge the MOD at the Employment Tribunal, claims he was not told why his contract w...
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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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Retirement of Cricketing Umpires

Retirement of Cricketing Umpires
Cloisters barrister Declan O’Dempsey represented Peter Willey and George Sharp against the English Cricket Board at Central London Employment Tribunal this week. The umpires brought cases, backed by Prospect union , for unfair dismissal and age discrimination when they were forced to retire by the ECB because they were reaching 65.  The ECB sa...
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Successful appeal against dismissal automatically revives contract of employment

Successful appeal against dismissal automatically revives contract of employment

Cloisters’ barrister Nathaniel Caiden appeared for the successful appellant in Salmon v Castlebeck Care (Teesdale) Ltd and Ors, an important judgment from the Employment Appeal Tribunal about the effect of a successful appeal on an employee’s contract of employment.

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William Latimer Sayer and Catriona Stirling appear in injury case where High Court awards record damages to English national

Judgment has today been handed down by the High Court in the case of Totham v King’s College Hospital NHS Foundation Trust, following a December 2014 trial.

Cloisters barristers, William Latimer-Sayer and Catriona Stirling represented the successful claimant, a seven year old girl from south London, who suffered serious injuries during her birth at King’s College Hospital in 2007.

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Rachel Crasnow appointed Chair of the Police Appeals Tribunal

Rachel Crasnow appointed Chair of the Police Appeals Tribunal
Chambers is delighted to congratulate Rachel Crasnow on her appointment as Chair of the Police Appeals Tribunal which took effect on 19 December 2014. Rachel remains in full-time practice at Chambers and this new part-time role augments her long-standing work in the regulatory sphere, including her recent appointment as Legal Advisor to the United ...
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Supreme Court to consider scope of 'collective redundancies'

Supreme Court to consider scope of 'collective redundancies'
Cloisters' barristers, Caspar Glyn QC and Tom Brown , are acting for the University and College Union in an appeal to be heard by the Supreme Court on Wednesday 21 January 2015. Brian Napier QC , also of Cloisters, appears for the Respondent. The case - University and College Union v University of Stirling (Case ID: UKSC 2014/0067) - will consider ...
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Cloisters' barristers Sheryn Omeri and Rachel Barrett secure substantial damages for rape victim

Cloisters' barristers Sheryn Omeri and Rachel Barrett secure substantial damages for rape victim
Cloisters' barristers Sheryn Omeri and Rachel Barrett , secured substantial damages for a victim of crime they represented in an appeal to the First Tier Tribunal Criminal Injuries Compensation this month. Sheryn and Rachel were instructed by the Bar Pro Bono Unit. The successful appeal was against an initial award of £11,000 offered by the Crimina...
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Cloisters' barrister Rachel Crasnow appointed Silk

Cloisters' barrister Rachel Crasnow appointed Silk
Chambers is delighted to announce that Rachel Crasnow  has been appointed Queen’s Counsel. This appointment recognises her long-held reputation as an outstanding employment and discrimination expert and advocate. As a junior Rachel featured in some of the most high-profile and complex litigation in her fields and joins Cloisters’ team of ...
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Chemical weapons and the ICC

Chemical weapons and the ICC
Can the International Criminal Court (ICC) start prosecuting for the use and supply of chemical weapons? Cloisters barrister  Sheryn Omeri considers the ICC’s options in an article featured in Counsel Jan 2015. For the full article read: Chemical Weapons and the ICC by Sheryn Omeri

UN reopens inquiry into Secretary General's death following Hammarskjöld Commission’s recommendation

UN reopens inquiry into Secretary General's death following Hammarskjöld Commission’s recommendation
The United Nations is to reopen an investigation into the death of UN Secretary General following recommendations made by a commission chaired by Cloisters’ Sir Stephen Sedley. Dag Hammarskjöld was on a mission in 1961 aimed at brokering a ceasefire between the Congolese government and rebels when his plane crashed in Zambia. The 196...
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Cloisters’ Robin Allen QC heads IRLR’s all-time top advocates list

Cloisters’ Robin Allen QC heads IRLR’s all-time top advocates list
Cloisters’ Head of Chambers, Robin Allen QC , is listed as the clear leader in argued cases reported in the Industrial Relations Law Reports’ with 145 appearances reported in IRLR from its inception in 1972 to 2014 as recorded in Equal Opportunities review  January 2015. Cloisters members who are also listed for appearing over 10 times as...
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First case in EAT to consider caste-based discrimination

First case in EAT to consider caste-based discrimination

The EAT has today handed down judgment in the case of Chandhok v Tirkey.

This the first case in the EAT to consider caste-based discrimination. A link to the judgment can be found here. and a link to our previous post summarising the arguments in the appeal can be found here.

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Obesity can be considered a disability: EU court rules

Obesity can be considered a disability: EU court rules

By Claire McCann

The Court of Justice of the European Union (CJEU) has handed down a key judgment today on the vexed question of whether obesity constitutes a disability within the meaning of EU law.

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Staff to be charged with gross negligence manslaughter over child’s death

Staff to be charged with gross negligence manslaughter over child’s death

Cloisters barrister, Linda Jacobs represented the family at the inquest of a six year old boy Jack Adcock who was admitted to Leicester Royal Infirmary with sickness and diarrhoea, and was later diagnosed as suffering pneumonia and septic shock.

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Cloisters barrister Caspar Glyn QC comments on proposed law relating to exploited migrant workers

Cloisters barrister Caspar Glyn QC comments on  proposed law relating to exploited migrant workers

Caspar Glyn QC, Cloisters' barrister,  comments to BBC World at One and the BBC on proposed new criminal offences in relation to exploited migrant workers.

For BBC coverage on this go to: BBC news

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Bus company wins appeal over wheelchair policy

Bus company wins appeal over wheelchair policy

by Olivia Dobbie

In the Court of Appeal judgment handed down today in the case of Firstgroup v Paulley, it was held that although wheelchair users have priority to occupy designated wheelchair spaces on buses, there is no legal requirement for bus drivers to move passengers from that space to allow wheelchair users to board. The Court of Appeal held that passengers should “of course” move from the designated space to allow wheelchair users to use it, but that if such passengers refuse, the driver is not required to do anything more than ask them to move. If they continue to refuse, the wheelchair user will have to wait for the next bus.

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Is caste discrimination barred under the Equality Act?

Is caste discrimination barred under the Equality Act?

The Employment Appeal Tribunal has reserved its decision in the case of Chandhok v Tirkey concerning whether caste-based discrimination is prohibited under the Equality Act 2010.

Christopher Milsom, who appeared at first instance, led Tamar Burton in the first case heard by the EAT concerning caste-based discrimination. The Equality and Human Rights Commission was granted permission to intervene.

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Why UK whistle-blowing protection laws don’t always apply to those who blow the whistle overseas

Why UK whistle-blowing protection laws don’t always apply to those who blow the whistle overseas

Smania v Standard Chartered

This EAT case concerns the territorial scope of whistle-blowing involving a Claimant a banker working in Singapore for the Respondent.

The Claimant sought to argue that UK whistle-blowing protection applied to him when he made allegations of financial misconduct. The Respondent’s registered office is based in the UK and is regulated by both UK law along and relevant Asian regulation.

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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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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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Advocate General rejects UK challenge to EU legislation capping bankers’ bonuses

Advocate General rejects UK challenge to EU legislation capping bankers’ bonuses
By Anna Beale In an Opinion delivered today, [1] Advocate General Jääskinen has rejected the UK’s challenge to the provisions in the EU’s “Capital Requirements” legislation (comprising Directive 2013/36/EU and Regulation (EU) No 575/2013) which purport to regulate the amount of bankers’ bonuses and promote greater transparency in relation to remune...
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Supreme Court grants permission to appeal in Taiwo v Olaigbe

The migrant domestic worker who suffered mistreatment and victimisation by her employers has been granted leave to appeal to the Supreme Court. Cloisters’ barristers Robin Allen QC  Head of Chambers and Christopher Milsom will represent the Appellant in this leading case. For background news on case development go to Cloisters news: Taiwo v Ol...
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Robin Allen QC comments on BBC footage of firms’ failure to provide disability access

Robin Allen QC , Cloisters head of Chambers and a leading expert in equality law was asked for his expert opinion on BBC London ‘Inside Out ‘ investigation footage that showed a large number of  high street chains still seen to be failing to accommodate people with disabilities. Two BBC researchers, one blind with a guide dog and one wheelchai...
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Daphne Romney QC at Cloisters acts in the first Scottish multiple equal pay claim to reach the employment tribunal remedy stage

The remedies hearing on the second wave of the pay case representing 363 claims dating from 2001 to 2007 against North Lanarkshire Council, raised examples of women working in the social care service being paid less than men doing the same job. The two day hearing took place in Glasgow. Ms Daphne Romney representing the claimants argued strong...
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Cloisters’ barrister Hannah Godfrey represents mother in tummy tuck operation case

Cloisters’ barrister Hannah Godfrey represents mother in tummy tuck operation case To read press coverage on the case go to: http://www.kentonline.co.uk/sandwich/news/scar-like-curtains-claim-in-tummy-tuck-ordeal-26558/ http://www.bbc.co.uk/news/uk-england-kent-29904521 http://www.huffingtonpost.co.uk/2014/11/05/tummy-tuck-sue-cosmetic-surgeon_n_61...
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Cloisters’ barristers Caspar Glyn QC and Olivia-Faith Dobbie talk authoritatively on the implications of yesterday’s EAT ruling for BBC News and Sky News

Cloisters' barristers Caspar Glyn QC and Olivia Faith-Dobbie appeared on Sky News and BBC News yesterday to discuss the implications of the Employment Appeal Tribunal holiday pay judgment. For more information on the case and its impact please read " Holiday pay – the great miscalculation " and " Holiday Pay Judgment: What it means for you ".  ...
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Holiday Pay Judgment: What it means for you

by Olivia-Faith Dobbie On 4 November 2014, the Employment Appeal Tribunal (EAT) handed down its decision in Bear Scotland Ltd v Fulton and Baxter, Hertel (UK) Ltd v Wood and others and Amec Group Limited v Law and others . It is a ground-breaking decision which gives some clarity to various European Judgments on the issue. The key points to take fr...
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EAT hands down important holiday pay decision – Bear Scotland Limited v 1) Mr David Fulton 2) Mr Douglas Baxter

The Employment Appeal Tribunal (the Honourable Mr Justice Langstaff) has today handed down judgment in the conjoined appeals of Bear Scotland Limited v 1) Mr David Fulton 2) Mr Douglas Baxter (EATS/0047/13/BI); Hertel (UK) Limited -v- Mr K Wood & Others (EAT/0160/14/SM); Amec Group Limited -v- Law & Others (EAT/0161/14/SM). The full judgmen...
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Cloisters barristers are instructed in relation to 15 out of the 63 Key employment and discrimination law cases for 2014-2015

Cloisters barristers are instructed in relation to 15 out of the 63 Key employment and discrimination law cases for 2014-2015 identified by Mickey Rubenstein in his annual talk for the Industrial Law Society last night, demonstrating the wide-ranging expertise of Cloisters’ Employment & Equality Law Team.  The List of Key Cases will shortl...
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Employment Tribunal finds freelancer is not employee and not sexually discriminated against

Mr Shenton, the Claimant, was the theatre critic for Sunday Express and claimed he was an employee. The case was set to have important ramifications for the newspaper industry, as well as others, given freelancers such as Mr Shenton were commonly used and so could have opened up future 'freelancer' employee status claims. He also claimed that he wa...
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Daphne Romney QC instructed in Employment Tribunal case against Northumbria Police

Daphne Romney QC is representing Denise Aubrey, former Chief Legal Adviser to Northumbria Police in a claim against her former employer the Chief Constable Sue Sim. She was dismissed in April 2014 for gross misconduct and is claiming constructive dismissal, breach of contract, disability discrimination, sex discrimination, victimisation and dismiss...
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Andrew Buchan wins substantial personal injury damages award in work related stress and bullying claim

Andrew Buchan working with Howard Hymanson from Harbottle & Lewis , wins substantial personal injury damages award in work related stress and bullying claim: Susan Richardson, represented by Andrew Buchan instructed by Harbottle & Lewis, recently recovered a substantial six-figure personal injury damages award for a work related stress and ...
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Sian McKinley writes on “Disclosure in Direct Discrimination Cases” in October ELA Briefing

For a copy of Sian McKinley's article "Disclosure in Direct Discrimination Cases" which featured in the October ELA Briefing please click here.

Jason Galbraith-Marten QC named the Labour and Employment Lawyer of the year for the UK by the Lawyer Monthly Magazine

We are delighted to announce that Jason Galbraith-Marten QC has been named the Labour and Employment Lawyer of the year for the UK by the Lawyer Monthly Magazine. For further details click here

Sally Cowen wins landmark appeal for disabled tourists

Sally Cowen wins landmark appeal for disabled tourists
Catherine Casserley and Sally Cowen represented a disabled tourist who sued Thomas Cook when reasonable adjustments were not made for her. The hotel’s swimming pool was closed and her disability prevented her travelling to the sister hotel facility. No other adjustment was made, despite the next door hotel having a suitable, accessible facility. HH...
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Chris Milsom nominated for the Sydney Elland Goldsmith/Bar Pro Bono Unit Award

Chris Milsom nominated for the Sydney Elland Goldsmith/Bar Pro Bono Unit Award
In recognition of his pro bono services Chris Milsom has been jointly nominated for the Sydney Elland Goldsmith award by Public Concern at Work and the Anti-Trafficking and Labour Exploitation Unit. His nomination is also supported by clients who have described him as “a credit to the profession” and “a flag bearer for the pro bono ethic.” The resu...
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The Times Lawyer of the week: Schona Jolly

The Times Lawyer of the week: Schona Jolly
Schona Jolly has been named as The Times Lawyer of the week, for the full story click here

Cloisters Barristers Advising Several NGOs

Robin Allen QC and Dee Masters are advising several NGOs on the current draft text of an EU Directive addressing – amongst other grounds - age discrimination in the field of goods, facilities and services.

Joel Donovan QC and Chris Milsom Secure Important Court of Appeal Ruling on Pension Loss

Joel Donovan QC and Chris Milsom Secure Important Court of Appeal Ruling on Pension Loss
The Court of Appeal has given judgment in Griffin v Plymouth Hospital NHS Trust, in which Joel Donovan QC and Chris Milsom acted pro bono for the successful Claimant. Mrs Griffin was a bone densitometrist at Derriford Hospital, Plymouth. In 2007 she was diagnosed with systemic lupus erythematosus (“SLE”).  The ET found that the Trust made “who...
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Sally Robertson joins the Employment Law Association’s Employment Law Oversight Committee

Sally Robertson joins the Employment Law Association’s Employment Law Oversight Committee
Sally Robertson has recently contributed to the Employment Law Association's response to the BIS consultation exercise on the draft consolidating National Minimum Wage Regulations. She is also delighted to accept an invitation to join the Employment Law Association’s Employment Law Oversight Committee. The Committee is working towards establishing ...
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Schona Jolly will be a panellist at “1984 Anti-Sikh pogroms Remembrance Event”

Schona Jolly will be a panellist at “1984 Anti-Sikh pogroms Remembrance Event”
Schona Jolly will be a panellist at “1984 Anti-Sikh pogroms Remembrance Event” at the Wiener Library on 29 th October 2014 For full details click here

Schona Jolly successfully defends unfair dismissal claim brought by high-earning Broker

Schona Jolly successfully defends unfair dismissal claim brought by high-earning Broker
Cloisters' Schona Jolly successfully defends unfair dismissal claim brought by high-earning BGC Broker Robert Bou-Simon. For press coverage of the case click here

Easy Come, Easy Go? The EAT didn’t think so.

Easy Come, Easy Go?  The EAT didn’t think so.
Attempts by Easybus to appeal a damning employment tribunal judgment earlier this year have failed. The high-profile founder Sir Stelios Haji-Ioannou was responsible for sacking Mr Rawsthorn, whom Paul Michell represented at the hearing. ( See News for 22 May 2014 ). Employment judge Selwyn Bloch QC ruled that Sir Stelios: “repeatedly evaded answer...
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Schona Jolly wins detailed recommendations and substantial damages for PC Carol Howard against the Met

Schona Jolly wins detailed recommendations and substantial damages for PC Carol Howard against the Met
Cloisters’ Schona Jolly (instructed by Kiran Dauka of Slater & Gordon ) represented P.C. Carol Howard in her remedies hearing against the Metropolitan Police in the Central London Tribunal. The remedies judgment, handed down today, is notable both for the amount of the compensation for hurt feelings and aggravated damages but also for the trenc...
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Chris Milsom appears on BBC Breakfast to discuss anti-terror legislation

Chris Milsom appears on BBC Breakfast to discuss anti-terror legislation
Chris Milsom was invited to appear on BBC Breakfast this morning to discuss proposed reforms to anti-terror legislation in response to the threat posed by ISIS. Whilst acknowledging the abhorrent activities of some British citizens in Iraq and Syria Chris nonetheless maintained that the best contribution the law can make in this area is a reaffirma...
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ILS Conference - Caspar Glyn QC chairs and Anna Beale speaks

ILS Conference - Caspar Glyn QC chairs and Anna Beale speaks
The  annual Industrial Law Society Oxford Conference on Friday 19 to Sunday 21 September 2014 will yet again feature a strong Cloisters contingent. Caspar Glyn QC ILS Chair is overall conference chair.  Anna Beale will speak on "Bringing up baby: the benefits for employers and employees".  Cloisters' alumnus and EAT President Brian L...
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Tirkey v Chandok: caste debated in the Commons and Lords

Tirkey v Chandok: caste debated in the Commons and Lords
The first instance decision of Tirkey v Chandok has been debated in both Houses of Parliament: see Hansard at http://www.publications.parliament.uk/pa/cm201415/cmhansrd/cm140709/halltext/140709h0002.htm and http://www.publications.parliament.uk/pa/ld201314/ldhansrd/text/140506w0001.htm . It is clear that the Government is considering the effects of...
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Rachel Barrett secures Tribunal win for Taoist because of employer's negative karma

Rachel Barrett secures Tribunal win for Taoist because of employer's negative karma
Rachel Barrett represented Mr Yumang in the Central London Employment Tribunal in his successful claims for unfair dismissal, whistle-blowing detriments and indirect religious discrimination. Mr Yumang was employed by Emerald Global Ltd as a ticketing consultant, and objected to the company’s practice of claiming and keeping refunds for customer’s ...
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High Court considers extending duty of schools and local authorities to teachers exercising their safeguarding duties.

High Court considers extending duty of  schools and local authorities to teachers exercising their safeguarding duties.
Ed Williams and Rachel Barrett are representing Mr Camurat in High Court claims against his former employer for malicious falsehoods, misrepresentation, negligence and breach of contract. Mr Camurat worked as Head of Languages at a school falling within Thurrock Borough Council’s remit. Following an incident when he confiscated a mobile telephone b...
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Cloisters barristers Ed Williams and Rachel Barrett argue in the High Court for extending duty of care owed to ex teachers by schools and Local Authorities when exercising their safeguarding duties

Cloisters barristers Ed Williams and Rachel Barrett argue in the High Court for extending duty of care owed to ex teachers by schools and Local Authorities when exercising their safeguarding duties
Please click here for news item link

Cloisters involved in Think Tank proposal

Cloisters involved in Think Tank proposal
Declan O'Dempsey has just published an article with the Lexis Nexis Halsbury Law Exchange Think Tank in which he challenged the government to develop ideas on tackling abuse of children. He proposes a general duty on public authorities to have due regard to the need to eliminate abuse, which goes beyond the limited duties under the Children Act 200...
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Industrial practice – the range of reasonable responses

Industrial practice – the range of reasonable responses
Scottish EAT uphold Brian Napier QC's argument on range of reasonable responses in NHS Fife Health Board v Dr Alan Stockman Brian Napier QC successfully resisted an appeal brought by the Claimant pathologist’s former employer, the NHS Fife Health Board, to the Employment Appeal Tribunal against the finding of the Employment Tribunal that he had bee...
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Firearms Officer PC Carol Howard wins her case against the Metropolitan Police

Firearms Officer PC Carol Howard wins her case against the Metropolitan Police
Cloisters’  Schona Jolly  represented firearms officer PC Carol Howard who has won her claim for direct discrimination on grounds of race and sex, as well as victimisation, against the Commissioner of the Police for the Metropolis. The judgment includes significant findings on the Met Police’s policy to prevent findings of discrimina...
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Victory for Claimant in 16-day clinical negligence trial - Coakley v Rosie

Victory for Claimant in 16-day clinical negligence trial - Coakley v Rosie
William Latimer-Sayer and Tamar Burton from Cloisters represented the Claimant together with Susan Rodway QC from 39 Essex Street in a successful 16-day clinical negligence trial. The case concerned a GP’s failure to suspect or recognise a meningococcal rash and to administer penicillin. In January 2008 the Claimant, aged 42 years old, attended the...
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5 Cloisters QCs due to speak at major employment law event

5 Cloisters QCs due to speak at major employment law event
Five QC’s from Cloisters have been asked to speak at a top conference covering key employment law topics likely to be of concern and interest to anyone advising on employment or discrimination law. The conference entitled “22 QCs…on the hot employment law issues for 2014-2015” takes place on Thursday and Friday 9-10 October at the Strand Palace Hot...
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Reasonable adjustments: it's still complicated - Protecting your clients by doing more than the minimum

Reasonable adjustments: it's still complicated - Protecting your clients by doing more than the minimum
This paper was given by Ed Williams at the White Paper Company seminar entitled ‘Discrimination: Shaping New Law into Highly Developed Advice for Employers’, on Thursday 15 th May at The Caledonian Club, London SW1 to an audience of over a hundred and fifty solicitors. Ed’s presentation covered three specific areas concerning the law on reasonable ...
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Reasonable adjustments for those who care for the disabled – case may go to Supreme Court

Reasonable adjustments for those who care for the disabled – case may go to Supreme Court
Paul Michell and Chris Milsom intervened before the Court of Appeal on behalf of the Equality and Human Rights Commission in the important case of Hainsworth v Ministry of Defence.   It   concerned whether or not there was a duty in EU law to make reasonable adjustments for carers of disabled people. The Claimant argued that such a duty w...
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Easy come, Easy go: the judge didn't think so

Easy come, Easy go: the judge didn't think so
Paul Michell represented Mr Rawsthorn in his case of unfair and wrongful dismissal against Easybus.  Mr Rawsthorn worked as a senior member of staff at Easybus for many years. The high-profile founder of the Easygroup , Sir Stelios Haji-Ioannou, was responsible for sacking Mr Rawsthorn. Sir Stelios also gave evidence at tribunal.   I...
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Zero Hours – A Zero Sum game?

Zero Hours – A Zero Sum game?
In a wide-ranging review of this high-profile issue, Ed Williams  and Tom Brown consider the issues surrounding zero hours contracts The case made for zero hours contracts Who gets the short straw? Is any contract better than no work at all? Challenging the misuse of zero hours Possible options for change Why there’s no need to wait for Nigel ...
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Caspar Glyn’s ELA Holiday pay lecture materials

Caspar Glyn’s ELA Holiday pay lecture materials
  You can find details of the cases and judgments mentioned in Caspar Glyn's ELA Holiday pay lecture by clicking on the links below: Wood & 0rs judgment Elms v Balfour Beatty Utilities Solutions Ltd Neal v Freightliners Ltd Fulton

Birmingham City Council expects a ‘bloody firestorm’ when inspection reports are published

Birmingham City Council expects a ‘bloody firestorm’ when inspection reports are published
Birmingham City Council officials investigating the alleged plot by Muslim hardliners to take control of schools, known as Operation Trojan Horse, say they have uncovered ‘significant grievances’ about governance and leadership, but no evidence of links to extremism.  More than 20 Birmingham schools are under investigation after a le...
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Our London Legal Walkers (and runners) raise much-needed funds

Our London Legal Walkers (and runners) raise much-needed funds
The Cloisters team of Jacques Algazy QC , Joel Donovan QC , Chris Milsom ,  Sally Robertson , Olivia Dobbie , Chesca Lord , Rachel Barrett , Rajiv Bhatt and Jen Danvers raised over £3,000 in sponsorship for taking part in last night’s London Legal Walk.  Olivia and Chesca even donned running shoes and showed the walkers a clean pair of he...
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Support our walkers striding and striving for free legal advice

Support our walkers striding and striving for free legal advice
For the poorest and most vulnerable people in our community, access to justice is often out of reach. Free legal advice makes a huge difference to their lives. That’s why a team of Cloisters barristers will literally be going the extra mile on Monday 19 th May. They’ll be taking part in the London legal Walk 2014 to raise much-needed funds  fo...
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Northern Ireland moves closer to implementing deprivation of liberty legislation

Northern Ireland moves closer to implementing deprivation of liberty legislation
Michael Potter  has successfully represented a challenge to the Belfast Health and Social Care Trust's use of guardianship under the Mental Health (NI) Order 1986 to restrict and control the right of the Appellant, a person with a disability,   to leave his place of residence for incidental, so...
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Three Cloisters experts asked to address ELA conference

Three Cloisters experts asked to address ELA conference
Paul Epstein QC , Caspar Glyn QC and Rachel Crasnow are all set to speak at the forthcoming Employment Lawyers Association Annual Conference to be held in London on 22 nd May.  They’ll be covering some of the hottest employment issues currently faced by members of the ELA as follows: Privilege, Practice and Pitfalls – A Closer Look at Legal Pr...
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Malky Mackay halts legal action against Cardiff City

Malky Mackay halts legal action against Cardiff City
Cardiff City were represented by Caspar Glyn QC instructed by Mishcon de Reya. See the BBC coverage of the story  here

'3 heads are better than 1' - the EAT agrees

'3 heads are better than 1' - the EAT agrees
Geere v Worcester Citizens Advice Bureau and others (UKEAT/-114/13/RN) Sally Cowen was working on behalf of the Bar Pro Bono Unit last week, to help a former solicitor whose claim had been struck out in the Employment Tribunal. The Appellant had asked the Employment Tribunal to sit as a full panel of 3 people. He had also told them that he would no...
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High Court makes largest ever court assessed award in a personal injury case for an English national

High Court makes largest ever court assessed award in a personal injury case for an English national
Farrugia v Burtenshaw & Others [2014] EWHC 1036 (QB) The Claimant in this case suffered catastrophic injuries following a road traffic accident in 2008.  He was left with profound communication and physical disabilities and required 24-hour care.  The Third Defendant, Quinn Insurance, conceded liability and the matter came before Mr J...
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Jason Galbraith-Marten appointed silk today

Jason Galbraith-Marten appointed silk today
Cloisters is delighted to announce that today in a ceremony to be held at Westminster Hall, Jason Galbraith-Marten will be appointed silk by the Lord Chancellor and Justice Secretary, The Right Honourable Chris Grayling MP. In a career spanning over 20 years Jason has appeared in a number of the leading employment and equality cases. He w...
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High Court criticises the GMC for seeking the maximum length of suspension for a doctor without giving any proper consideration to whether that was needed

High Court criticises the GMC for seeking the maximum length of suspension for a doctor without giving any proper consideration to whether that was needed
Hayat v GMC , High Court of Justice, Queen’s Bench Division, Case No: CO/17627/2013 This was an application made by Dr Hayat made under s.41A of the Medical Act 1983 to terminate the doctor's suspension, which had been imposed by the Interim Orders Panel of the GMC. Philip Engelman appeared for Dr Hayat.  Although unable to persuade the Judge ...
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Our brave marathon runners preparing to go the extra mile for charity

Our brave marathon runners preparing to go the extra mile for charity
Cloisters is proud to support Adam Ohringer and Mark Skipp in their bid to complete the London Marathon 2014. Both of them are running to raise as much money as they can for charities in which they have a deep personal involvement. Adam Ohringer " I'm running my marathon to support the work of the Free Representation Unit. They arrange for voluntee...
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Schona Jolly is representing Carol Howard of the Diplomatic Protection Guard of the Metropolitan Police Service in her claim for race and sex discrimination, harassment and victimisation in London

Schona Jolly is representing Carol Howard of the Diplomatic Protection Guard of the Metropolitan Police Service in her claim for race and sex discrimination, harassment and victimisation in London
Schona Jolly is instructed by Slater & Gordon LLP to represent Carol Howard, see the Daily Mail coverage here , the Guardian coverage here and the Telegraph coverage here . The BBC television coverage can be viewed here .

Judgment in a strike-out application by The Department for Work and Pensions

Judgment in a strike-out application by The Department for Work and Pensions
Many people with disabilities have to rely on benefits.  When they are suspended this can cause real hardship.  Here the claimant, due to disability, did not attend a medical examination.  The DWP decided that he had not shown "good cause" for this.  The claimant won the benefits appeal, as is so often the case,  and follow...
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Practical Law Employment announces new consultation board

Practical Law Employment announces new consultation board
Practical Law Employment has announced that it has reviewed its  consultation board and has appointed three new members, re-appointing five previous members. Cloisters' barrister Declan O'Dempsey is a longstanding member of this important body. The consultation board advises on the direction of the service and ensures that it stays at the lead...
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Court of Justice of the European Union holds that the Pregnant Workers Directive does not cover an intended mother who had a baby through a surrogacy arrangement

Court of Justice of the European Union holds that the Pregnant Workers Directive does not cover an intended mother who had a baby through a surrogacy arrangement
CD v ST C-167/12  The claimant in this case is employed by a National Health Service trust in the north of England.  She had a baby through a surrogacy arrangement and began mothering the child an hour after the birth, at which point she also began to breastfeed.  She and her partner were granted a parenting order.  The Claimant...
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Court of Appeal in Northern Ireland overturns Industrial Tribunal decision and finds that there was victimisation using the ‘why question’ or ‘but for’ test

Court of Appeal in Northern Ireland overturns Industrial Tribunal decision and finds that there was victimisation using the ‘why question’ or ‘but for’ test
Simpson v Castlereagh Borough Council GIR9206 The Claimant in this case was successful at first instance in the Industrial Tribunal (Northern Ireland) in her constructive unfair dismissal claim.  The IT found that the Council had breached a fundamental term of her contract by failing to resolve and conclude her grievance process in a timely fa...
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Shared parental leave and pay: the simple made complex?

Shared parental leave and pay: the simple made complex?
Sally Robertson looks at the new proposals for shared parental leave and pay. Although the proposals for shared parental leave (SPL) and pay (ShPP) for working parents build on current provisions and do not cut back existing rights, there was an indication of the regime’s complexity on 5 March 2014 when the Department for Business, Innovation &...
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Court of Session upholds EAT decision that Limited Liability Partnerships qualify as associated employers under the Equal Pay Act 1970 (now the Equality Act 2010)

Court of Session upholds EAT decision that Limited Liability Partnerships qualify as associated employers under the Equal Pay Act 1970 (now the Equality Act 2010)
Glasgow City Council v Unison [2014] CSIH 27 The appellants in this case were the City Council and two Limited Liability Partnerships (LLPs) which were established to carry out functions (parking and care services) which were formerly carried out by Glasgow directly.  These were known as ALEOs.  The issue between the parties which was the...
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Equality and Human Rights Commission Consultation on Draft Age Supplement Code

Equality and Human Rights Commission Consultation on Draft Age Supplement Code
On 24 March 2014 the EHRC opened a consultation on a draft Age Supplement to the Code of Practice on services, public functions and associations.  The purpose of the Age Supplement is to provide guidance on how the new law on age discrimination, which came into force in October 2012, potentially affects services, public functions and associati...
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Serco held liable for serious assault by detainee on custody officer at Colnbrook Immigration Removal Centre

Serco held liable for serious assault by detainee on custody officer  at Colnbrook Immigration Removal Centre
Collins v Serco Group Plc Dan Lawson represented the Claimant at this recent High Court liability trial.  Sian Collins worked as a custody officer at the Colnbrook Immigration Removal Centre, near Heathrow.  A violent detainee struck her over the head with a heavy fax machine. Her employer, Serco, was held liable for the assault despite i...
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£690,000 High Court award for severe psychological Pain Disorder

£690,000 High Court award for severe psychological Pain Disorder
Malvicini v Ealing Primary Care Trust Some claimants who suffer minor physical injuries go on to develop seriously disabling somatic symptom disorders, such as Conversion Disorder. Such claims are often met with the allegation that the claimant is malingering, or so vulnerable to psychological illness that severe disability would soon have followed...
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Court of Appeal overturns Employment Appeal Tribunal decision and holds that post termination victimisation is proscribed under the Equality Act 2010

Court of Appeal overturns Employment Appeal Tribunal decision and holds that post termination victimisation is proscribed under the Equality Act 2010
Rowstock Ltd and another v Jessemey [2014] EWCA Civ 185 The claimant in this case was dismissed on the ground that he had reached the age of 65.  He brought an unfair dismissal claim and an age discrimination claim before the Employment Tribunal. He sought the assistance of an employment agency to find other work, and his former employer gave ...
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Football clubs that don’t adapt to the needs of their disabled fans could be breaking the law.

Football clubs that don’t adapt to the needs of their disabled fans could be breaking the law.
Barrister Catherine Casserley says clubs that do not adapt to the needs of their disabled fans could be breaking the law. "One of the things that courts will do to establish what adjustments it is reasonable to make is to look at what other guidance is around," said Casserley. "If that says that clubs should have a certain number of wheelchair spac...
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Court of Appeal decides that discrimination on grounds of migrant status of a domestic servant does not amount to race discrimination

Court of Appeal decides that discrimination on grounds of migrant status of a domestic servant does not amount to race discrimination
Onu v Akwiwu & Anr, Taiwo v Olaigbe & Anr [2014] EWCA Civ 279 These two appeals concerned factually similar cases.  In both, the claimants were brought to the UK by Nigerian families under the migrant domestic worker visa scheme and were subjected to abuse and exploitation when they were working here for the families.  Each commen...
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Ed Williams defends school named in ‘Operation Trojan Horse’

Ed Williams defends school named in ‘Operation Trojan Horse’
Ed Williams is currently defending Adderley Primary School, one of the Birmingham schools allegedly targeted by Islamists in what the Sunday Times and the BBC have dubbed 'Operation Trojan Horse', and extraordinary plot by Islamic fundamentalist to take control of several non-faith schools in Birmingham by 'Jihad'. The Claimants, 4 teaching assista...
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Claire McCann looks at what X v Mid Sussex CAB tells us about volunteer rights in the workplace.

Claire McCann looks at what X v Mid Sussex CAB tells us about volunteer rights in the workplace.
First published in ELA briefing X v Mid Sussex Citizens Advice Bureau & Chalis: Is a volunteer worker afforded protection from acts of disability discrimination, whether under the Disability Discrimination Act 1995 (and, therefore, by extension the Equality Act 2010) or by recourse to the Framework Directive? The Court of Appeal has decided not...
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Cloisters' briefing series on key implications of the Equality Act 2010

Cloisters' briefing series on key implications of the Equality Act 2010
Cloisters has been at the forefront of work on the new Act, advising government, employers, trade unions, the EHRC and public authorities on what should go into the Act and how it should work. Our barristers have been involved in drafting the new codes of practice, lectured widely on it and have written or contributed to the leading books on the ne...
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The definition of employee: Rachel Crasnow looks at the implications of Jivraj v Hashwani in this article for the Solicitors Journal

The definition of employee: Rachel Crasnow looks at the implications of Jivraj v Hashwani in this article for the Solicitors Journal
By Rachel Crasnow First published in the Solicitors Journal The Supreme Court has ruled unanimously that the choice of arbitrator on the basis of their religious beliefs or nationality is lawful. The ruling was handed down in Jivraj v Hashwani and overturns a unanimous Court of Appeal decision which found that arbitrators were e...
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Catriona Stirling comments on the implications of the Supreme Court decision in Edwards v Chesterfield and Botham v Ministry of Defence

Catriona Stirling comments on the implications of the Supreme Court decision in Edwards v Chesterfield and Botham v Ministry of Defence
This article was first published in the Solicitors Journal (solicitorsjournal.com) The Supreme Court decision refusing a dismissed employee compensation for the way he was sacked provides a further prompt to review the interaction of employment legislation with common law remedies, says Catriona Stirling. Employees may not recover damages...
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Is Ravat "Old hat"?

Is Ravat "Old hat"?
Just when it seems that a particular area of employment law looks like it might be entering a period of calm, a decision comes along to disturb the anticipated serenity. After two Supreme Court decisions – Duncombe v. SOS for Children’s Schools and Families (No.2) [2011] ICR 312 and Ravat v. Halliburton Manufacturing and Services Limited [2012] ICR...
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Age discrimination in healthcare June 2012

Age discrimination in healthcare June 2012
To call the forthcoming prohibition of age discrimination in goods and services particularly with regard to healthcare “a blanket ban” is rather disingenuous. There will be clinical instances where taking someone's age into account is lawful – but good reason will need to be shown such different treatment. In other words, age can be taken into acco...
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Volunteers’ status under anti-discrimination law: where to now?

Volunteers’ status under anti-discrimination law: where to now?
A personal view from Declan O’Dempsey and Olivia Faith Dobbie , Cloisters Judgement in the case of X v Mid Sussex CAB was handed down by the Supreme Court 12th December 2012, in which it was held that volunteers (unpaid workers)do not qualify for protection from discrimination under the employment provisions of European or domestic anti-d...
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