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News, Publications, Policies, Events and Blogs

The price of equality?

The price of equality?
Gender and the assessment of risk Dee Masters and Sian McKinley The financial sector will no longer be allowed to use gender as a determining factor in the assessment of risk and therefore the price of premiums and benefits from Friday 21 December 2012. This change in the law will be implemented by a statutory instrument which will delete...
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Getting local authorities mythbusting by Declan O'Dempsey

Local authorities have a duty not to spend public money on propaganda for a political party. Section 4 of the Local Government Act 1986 provides for a Code of recommended practice as regards publicity. Councils which fail to follow its requirements may find themselves in breach of s 2 of the LGA 1986 and subject to judicial review. Hence councils a...
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Guidance on the making of Deposit Orders and the application of the burden of proof regulations in deposit and strike out hearings - Northern Ireland Court of Appeal.

Guidance on the making of Deposit Orders and the application of the burden of proof regulations in deposit and strike out hearings - Northern Ireland Court of Appeal.
In the case of Dr Malgorzata Stadnik-Borowiec v Southern Health and Social Care Trust and Others deposit orders imposed by two Industrial Tribunal chairpersons were quashed.  The first order for a £500 deposit was made without the chair giving specific details about the Claimant’s financial circumstances or any explanation of the manner in whi...
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Supermarket has no vicarious liability to customer attacked by member of staff - Adam Ohringer in the Court of Appeal

Supermarket has no vicarious liability to customer attacked by member of staff - Adam Ohringer in the Court of Appeal
Ahmed Mohamud v WM Morrison Supermarkets Plc [2014] EWCA Civ 116 The Court of Appeal today handed down a judgment which confirms that an employer will not be vicariously liable for the actions of their employee in all circumstances. In a carefully reasoned judgment LJ Treacy made it clear that each case will very clearly turn on its own facts. The ...
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Stott v Thomas Cook - The Supreme Court criticises Thomas Cook for breach of human rights and calls for an amendment of the Montreal Convention

Stott v Thomas Cook - The Supreme Court criticises Thomas Cook for breach of human rights and calls for an amendment of the Montreal Convention
There is no protection from discrimination for disabled air passengers, the Supreme Court rules. Christopher Stott, who is severely disabled and a permanent wheelchair user, had a seat booked next to his wife, who is his carer, on both outgoing and return flights between East Midlands Airport and Zante. On the flight back, despite confirming the ar...
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Harmonisation dismissals following a business transfer ruled unlawful

Harmonisation dismissals following a business transfer ruled unlawful
The Court of Appeal today handed down Judgment in the Hazel v Manchester College which has been eagerly awaited by employers and the Human Resources industry .    The Court decided that a dismissal, following a transfer of an undertaking, which was motivated by a wish to harmonise terms and conditions of employment was unlawful, thus secu...
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Cloisters’ barristers Ed Williams and Tom Coghlin review the legal and practical tools available to prove or disprove discrimination

Cloisters’ barristers Ed Williams and Tom Coghlin review the legal and practical tools available to prove or disprove discrimination
This talk looks at the legal and practical tools available to employment lawyers to prove or disprove direct discrimination and harassment, exploring in particular three areas: a) How judges apply the burden of proof s136(2)(3) EA 2010 b) What is the role of Comparators in light of the Supreme Court decision of Hewage v Grampian Health Board [2012]...
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Jason Galbraith-Marten and William Latimer-Sayer listed in Chambers UK Top 100 juniors

Jason Galbraith-Marten and William Latimer-Sayer listed in Chambers UK Top 100 juniors
Cloisters is delighted that Jason Galbraith-Marten and William Latimer-Sayer both feature in the recently-published Chambers Top 100 juniors which ranks the top barristers practising at the Bar of England and Wales. Chambers referenced Jason Galbraith-Marten as 'A barrister with a superb intellect who offers very deep and thoughtful analysis of a c...
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Chris Milsom establishes why caste discrimination is covered by race discrimination law

Chris Milsom establishes why caste discrimination is covered by race discrimination law
In the first detailed finding of its kind in the UK, the employment tribunal has found that discrimination on the grounds of caste can be  a form of race discrimination.  In Tirkey v Chandock 3400174/2013 Employment Judge Sigsworth, sitting at Huntingdon, the Claimant argued that she had been the subject of discrimination because she is o...
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Back to battle in the O'Brien case

Back to battle in the O'Brien case
Robin Allen QC and Rachel Crasnow have been in court today in the long-running O’Brien case dealing with the issue of how many of a judge’s years of service count towards their pension entitlement. The case is worth millions to the MOJ who are seeking to refer the case to the Court of Justice in Luxembourg. Further updates will follow.

Paul Michell appointed visitor for Loughborough University for a 5 year term

Paul Michell appointed visitor for Loughborough University for a 5 year term
Cloisters congratulate Paul Michell on the announcement that with effect from the 11 December 2013, the Queen, on recommendation of the Privy Council, has appointed Paul Michell as the Visitor for Loughborough University for a 5 year term. Paul succeeds former High Court Judge Sir Charles McCullough. Paul will continue his high profile full time pr...
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Cloisters’ barristers Ed Williams and Catriona Stirling win in an important test case regarding the correct interpretation of the Agency Workers Regulations 2010

Cloisters’ barristers Ed Williams and Catriona Stirling win in an important test case regarding the correct interpretation of the Agency Workers Regulations 2010
Case summary provided by Sian McKinley . In Moran v (1) Ideal Cleaning Services Ltd; (2) Celanese Acetate Ltd the EAT was asked to decide whether the Agency Workers Regulations 2010 applied to workers who had been placed with an end user indefinitely. The law The Agency Workers Regulations 2010 provides that agency workers are entitled to the same ...
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Cloisters' barristers put Agency Workers Regulations 2010 under scrutiny in EAT

Cloisters' barristers put Agency Workers Regulations 2010 under scrutiny in EAT
Cloisters barristers Ed Williams and Catriona Stirling appeared in the Employment Appeal Tribunal on 3 December 2013 in an important test case regarding the correct interpretation of the Agency Workers  Regulations 2010. This ground-breaking case will determine the scope of the protection offered to agency workers by the Regulations and is lik...
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Cloisters' barristers Robin Allen QC and Catherine Casserley win Supreme Court battle in landmark sexual orientation case

Cloisters' barristers Robin Allen QC and Catherine Casserley win Supreme Court battle in landmark sexual orientation case
Catriona Stirling considers the judgment of the Supreme Court in the landmark case of Bull & Bull v Hall and Preddy [2012] UKSC 73, in which it has confirmed that it was unlawful direct discrimination on the ground of sexual orientation for hotel owners to refuse to let a double room to a couple in a civil partnership.  Summary   ...
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Part II of Damages Conference

Part II of Damages Conference
Part II of an important conference on damages will be held on 28th November. The conference is being jointly organised by the personal injury teams at Cloisters and Doughty Street. The conference is a response to major changes to the personal injury landscape - particularly as regards funding, costs and procedural law - enacted by the Legal Ai...
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Schona Jolly elected onto the Council of JUSTICE

Schona Jolly elected onto the Council of JUSTICE
Cloisters barrister Schona Jolly has been elected onto the Council of JUSTICE. For further information about JUSTICE please click  here .

Should new age law protect children? Seminar by Robin Allen QC and Dee Masters

Should new age law protect children? Seminar by Robin Allen QC and Dee Masters
Robin Allen QC and Dee Masters will be leading a seminar to explore the legal perspective of proposals put forward by the Equality Commission and the Northern Ireland Commissioner for Children and Young People (NICCY) about age discrimination law and children. The joint recommendations discuss how children and young people should be protected from ...
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Cloisters named Employment Set of the Year

Cloisters named Employment Set of the Year
Cloisters have been named as the Employment Set of the Year at the prestigious Chambers and Partners Bar Awards 2013. This award is a recognition of the high calibre of work done by the employment team. Our cutting edge work means that our barristers push the boundaries of equalities law, combining the traditional human rights framework with a bold...
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Catherine Casserley wins First Bus discrimination case

Catherine Casserley wins First Bus discrimination case
A disabled bus user, Doug Paulley from West Yorkshire, has won a ruling from the Leeds County Court that First Bus' policy of "First Come First Served" was unlawful and in breach of the Equality Act 2010 Mr Paulley, a wheelchair user, was not able to get on the bus because a pushchair user was already using the area of the bus designed for wheelcha...
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Commission looking into Dag Hammarskjold death says UN should reopen inquiry

Commission looking into Dag Hammarskjold death says UN should reopen inquiry
A commission chaired by Cloisters' Sir Stephen Sedley to look into the death of former UN Secretary General Dag Hammarskjold has recommended that the UN should reopen its investigation. Mr Hammarskjold's plane was travelling to Congo in a 1961 peace mission when it crashed in Zambia. The 1962 investigation that followed failed to identify what caus...
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Cloisters and Rachel Crasnow nominated in the Chambers & Partners Bar Awards 2013

Cloisters and Rachel Crasnow nominated in the Chambers & Partners  Bar Awards 2013
Cloisters has been shortlisted in two categories in the prestigious Chambers and Partners Bar Awards 2013. The two categories are:  - Employment   - Client Service Rachel Crasnow has also been nominated for Employment Junior of the Year. Chambers and Partners nominate sets and barristers for the shortlists on the basis of independent...
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Five Cloisters' barristers appointed as Part-Time Employment Judges

Five Cloisters' barristers appointed as Part-Time Employment Judges
Declan O’Dempsey , Paul Michell , Tom Coghlin , Tom Brown , and Danny Dyal  have been appointed by the Lord Chancellor as Fee-Paid Employment Judges.  This brings to eleven the number of Cloisters barristers who hold part-time judicial roles. Commenting on the appointments, Head of Chambers Robin Allen QC said “Cloisters is proud tha...
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David Massarella instructed in zero hours contract case against Sports Direct

David Massarella instructed in zero hours contract case against Sports Direct
David Massarella has been instructed by Leigh Day's Elizabeth George in a zero-hours contract dispute between Sports Direct and Croydon employee Zahera Gabriel-Abraham. Zahera Gabriel-Abraham is challenging the legality of the treatment by Sports Direct of its part-time workforce. It is claimed that the part-time work force are not eligible to part...
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Declan O'Dempsey - speaker at JUSTICE Human Rights Law Conference

Declan O'Dempsey - speaker at JUSTICE Human Rights Law Conference
Declan O’Dempsey is a speaker at the JUSTICE Human Rights Law Conference on Thursday 24 October at London’s Bloomsbury Hotel. Now in its 15th year this annual conference is the acknowledged forum for ensuring delegates are fully up to date with developments. Full details are here www.justice.org.uk/events.php/59/human-rights-law-conference-2013

High court delivers judgment in favour of firefighters killed and injured following explosion at Marlie Farm firework factory and allows compensation to be claimed against East Sussex Fire and Rescue Services

High court delivers judgment in favour of firefighters killed and injured following explosion at Marlie Farm firework factory and allows compensation to be claimed against East Sussex Fire and Rescue Services
The Wembridge Claimants, who were firefighters injured at the scene, were represented by Cloisters’ Martin Seaward (instructed by Thompsons Solicitors ) in a 2 week trial before Mr Justice Irwin. The claimants in the case were battling a fire that had broken out on 3 December 2006 on Marlie Farm in East Sussex when a shipping container, that contai...
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Tom Coghlin helps family win right to claim lost death in service benefits

Tom Coghlin helps family win right to claim lost death in service benefits
Gary Fox died aged 44, just days after he was dismissed by his employer, British Airways plc. It was said that his dismissal was unfair and/or discriminatory. While in employment he had been a member of BA’s death-in-service scheme under which, if he died while in employment, payment would be made to beneficiaries (who would be identified by the tr...
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Cloisters' QCs involved in expert employment law conference

Cloisters' QCs involved in expert employment law conference
Four of Cloisters' QCs will be involved in an upcoming conference '22 QCs...on the key employment law topics for 2013-14' to be held on Thursday 26 and Friday 27 September 2013 at the Holiday Inn, Bloomsbury, Central London. This two-day conference promises to be the event of the year for anyone advising on employment or discrimination law, providi...
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President of Employment Tribunals for England and Wales issues Practice Direction: in force from (and including) today.

President of Employment Tribunals for England and Wales issues Practice Direction:  in force from (and including) today.
On Friday 26 July 2013, the President of the Employment Tribunals for England and Wales issued the practice direction on presenting claims to the ET made under rule 8 of the ET procedure rules 2013.  Click here for Declan O'Dempsey's online  presentation on presenting an ET claim on or after 29 July 2013 .  To arrange for training on...
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Schona Jolly to speak at Human Rights Seminar: The death penalty in India, the case of Professor Devinder Bhullar

Schona Jolly to speak at Human Rights Seminar: The death penalty in India, the case of Professor Devinder Bhullar
Schona Jolly  will be speaking at a seminar organised by the Bar Human Rights Committee. The seminar will look at the immediate risk of execution of Professor Devinder Pal Singh Bhullar in India which has renewed concerns among the international community over the use of capital punishment. Professor Bhullar was convicted of involvement in the...
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Fee remission for the courts and tribunals - Response to Ministry of Justice Consultation

Cloisters Cloisters is a leading employment, discrimination and equality chambers, recognised as such by the Legal 500 and Chambers UK. Cloisters barristers have been at the heart of virtually all major equality and discrimination developments, both through their work in the tribunals and courts, and in their contributions to legislation, guidance ...
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Collective redundancy law shake-up

Collective redundancy law shake-up
The government has announced a number of key changes to the rules on collective redundancy consultations, which are intended to be brought into force by 6 April 2013. The reforms aim to reduce red tape for businesses and are the culmination of a consultation exercise launched in June 2012, which identified th...
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Public Sector Equality Duty and impact assessments: If you will the end do you will the means?

Public Sector Equality Duty and impact assessments: If you will the end do you will the means?
By Declan O’Dempsey and Catherine Casserley David Cameron has decided that it is important to release public authorities from what he calls red tape . He has decided that such authorities should not have to carry out “equality assessments”. These are generally understood to be detailed written documents that give evidence of the fact that the publi...
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New rights for surrogate parents as part of innovative overhaul of flexible parental leave framework

New rights for surrogate parents as part of innovative overhaul of flexible parental leave framework
By Rachel Crasnow, barrister at Cloisters, author and  co-editor of Family Rights at Work: Jordans 2012 Parental leave is to be shared more equally in the future. From 2015 the UK will have a new system of flexible parental leave in place. On 13 November 2012 the Deputy Prime Minister introduced an entirely new system of flexible parental leav...
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Beginner’s Guide to the Ban on Age Discrimination in Goods and Services

Beginner’s Guide to the Ban on Age Discrimination in Goods and Services
Daphne Romney QC and Dee Masters From 1 October, the government will bring into force the provisions within the Equality Act 2010 (EA 2010) which prohibit age discrimination in the field of goods and services by virtue of the Equality Act 2010 (Commencement No 9) Order 2012. This means that commercial, charitable and public sector organisations wil...
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Age limits in the boardroom: Can they achieve gender diversity?

Age limits in the boardroom: Can they achieve gender diversity?
As Lord Davies reported in February 2011, at the current rate of change it will take over 70 years to achieve gender-balanced boardrooms in the UK (www.practicallaw.com/0-505-3069) (see box “Weblinks” ). Almost a decade ago, the Higgs review of the role and effectiveness of non-executive directors called for ...
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New report published on age and employment

New report published on age and employment
A new thematic report from the European Network of Legal Experts in the non-discrimination field, titled "Age and Employment" is now available. This report, written by Declan O'Dempsey and Anna Beale, supervised by Mark Freedland, is published by the European Commission and examines some practical aspects of the implementation of the...
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Rachel Crasnow article on 'Family Rights at Work' published

Rachel Crasnow article on 'Family Rights at Work' published
Rachel Crasnow's article on Family Rights at Work has been published in the Equal Opportunties Review . The article looks at the Government's recently published "Modern Workplaces" Consultation. The text of the article can be read below: The Government has published its response to the "Modern Workplaces" consultation on the overhaul of family righ...
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Cloisters responds to consultation by Department for Business, Innovation and Skills on workplace disputes

Cloisters responds to consultation by Department for Business, Innovation and Skills on workplace disputes
Resolving Workplace Disputes: A Consultation The Response of Cloisters  Chambers Cloisters barristers’ chambers consists of some 50 barristers, the majority of whom specialise in employment law (see www.cloisters.com). We appear in almost all major employment litigation and are recognised as leading experts on equality and ...
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Martyn McLeish on alternatives to the Jackson recommendations

Martyn McLeish on alternatives to the Jackson recommendations
First published in the Solicitors Journal April 2011 Let us not bend with the remover to remove There are alternatives to Sir Rupert Jackson’s recommendations that have the benefit that they might actually work. Although Sir Rupert Jackson published his Final Report [“FR’] in December 2009 he continued to conduct research and gather evidence for a ...
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