Discrimination
Protection from discrimination, equality of opportunities, and equal treatment at work form fundamental parts of employment law in the United Kingdom.
The Equality Act 2010, a consolidating anti-discrimination statute, specifically provides protection against discrimination because of a person’s age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion and belief, sex, and sexual orientation (the ‘protected characteristics’) - be that directly, indirectly, by victimisation, by harassment, by failing to make reasonable adjustment - or by discrimination arising from disability. It also requires there to be equal pay for male and female workers. Development of case law in these areas is ongoing, fast-moving, and sometimes very complicated.
At 3PB our barristers are employment and discrimination law specialists who are at the very forefront of their areas of expertise. Consequently, they are able to deal with cases involving any or all of the aforementioned issues, as well as when they arise in connection with other types of claim, notably unfair dismissal and whistleblowing claims. They act for both employees and employers during employment relationships and at all stages of the litigation process. They are able to analyse, break down and simplify the most difficult legal issues and then provide strategic and tactical advice and representation of the highest quality to their clients in a personable, straightforward, and easy to understand manner.
As a result of having a number of offices situated over a wide geographical area, 3PB has a nationwide presence and our barristers appear at Employment Tribunals, County Courts, the High Court, and in the Appellate Courts all over the country. Our team also regularly provide lectures, seminars, and mock trials.
Our Employment and discrimination Barristers...
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Welcome to our November 2023 employment and discrimination law newsletter, in which we celebrate more rankings in the latest Chambers and Partners edition and call for applications for talented employment law barristers to join our team. Edited by Charlotte Hadfield, our newsletter features analysis from Charlotte, Head of Group Craig Ludlow and Alex Leonhardt - covering the following cases: Omar v Epping Forest District Citizens Advice (EA-2021-000595-JOJ), Steel v Spencer Road LLP [2023] EWHC 2492 (Ch), ONEA v Contingent and Future Technologies Ltd [2023] EAT 125, and Virgin Active Ltd v Hughes [2023] EAT 130.
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Welcome to the 53rd Newsletter from 3PB’s Employment and Discrimination Group edited by Stephen Wyeth, celebrating our Specialist Group being ranked Tier 1 in both the Western and South Eastern circuits by the Legal 500 due to our expertise in this field of law.
Thanks to our contributors: Karen Moss (Group Deputy Head), Rising Star (Legal 500) Grace Nicholls, Alex Leonhardt, Joseph England and Andrew MacPhail and first rate commentary from Mathew Gullick KC on the very recent Supreme Court decision of Agnew. Given that Mathew successfully appeared for Mrs Brazel in the Supreme Court (supported by our very own Lachlan Wilson and Naomi Webber) who better to provide his take on this most recent decision involving holiday pay?
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Welcome to the September 2023 edition of our employment and discrimination law newsletter, edited by Joseph England, it features analysis and contributions from Joseph England, Mark Green, Sarah Clarke, Katherine Anderson and Grace Holden and team news about Sarah Bowen, Mark Green and Sarah Clarke.
Case analysis covers the following cases: Rajput v Commerzbank and Société Générale [2023] EAT; Habib v Dave Whelan Sports Ltd t/a DW Fitness First [2023] EAT 113; Owen v Network Rail Infrastructure Ltd [2023] EAT 106; and AECOM Limited v Mallon [2023] EAT 104.
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Welcome to the August 2023 edition of our employment and discrimination law newsletter, edited by Alex Leonhardt, with analysis and contributions from Alex Leonhardt, Jo Laxton, Sarah Clarke, Stephen Wyeth and Emma Greening.
Case analysis covers the following cases: Jackson v The University Hospitals of North Midlands NHS Trust [2023] EAT 102; Charalambous v National Bank of Greece [2023] EAT 75; Pilkington v Jones [2023] EAT 90; United Taxis Ltd v (1) Mr R Comolly (2) Mr R Tidman - and - Mr R Tidman v (1) United Taxis Ltd v (2) Mr R Comolly [2023] EAT 93; and Mrs R Kealy v Westfield Community Development Association [2023] EAT 96.
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Welcome to the 50th edition of our employment and discrimination law newsletter, edited by Simon Tibbitts and featuring team news with contributions from head of group Craig Ludlow, Jo Laxton, Colin McDevitt, Stephen Wyeth and Alex Leonhardt.
Case analysis is provided by Simon Tibbitts, Katherine Anderson, Joseph England and Alex Leonhardt and covers the following cases: Mrs Kristie Higgs v Farmor’s School (The Archbishop’s Council of the Church of England intervening) EA-2020-000896-JOJ; Phipps v Priory Education Services Ltd [2023] EWCA Civ 652; Greasley-Adams v Royal Mail Group Limited [2023] EAT 86 and Mrs N Moustache v Chelsea and Westminster NHS Foundation Trust: [2022] EAT 204.
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Our Employment and Discrimination law team publishes its 49th monthly newsletter, edited by Katherine Anderson, with analysis from Katherine, Andrew MacPhail and Daniel Brown of Royal Parks Ltd v Boohene, Antwi and Others [2023] EAT 63; Lovingangels Care Home Ltd v Mhindurwa [2023] EAT 65; Alcedo Orange Ltd v Mrs G Ferridge-Gunn [2023] EAT 78; and Miles v Driver and Vehicles Standards Agency [2023] EAT 62.
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3PB Barristers’ (3 Paper Buildings) specialist employment barristers Karen Moss and Mark Green set to speak at the Employment Lawyers Association Solent Training Day. The full day event will be taking place in Southampton on 9 June and will offer training on a range of topics across employment law. Karen and Mark will be speaking on the subject of age discrimination. To learn more about the ELA and to purchase your ticket, please click here...
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Items include a look at the increase to the National Minimum Wage due in April 2023, new legislation allowing employees to request flexible working from day one in a job, as well as two proposed bills - the Carer's Leave Bill and the Protection from Redundancy (Pregnancy and Family Leave) Bill, and a look at The Exclusivity Terms for Zero Hours Workers (Unenforceability and Redress) Regulations 2022.
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Analysis includes Nexus v RMT & Unite the Union [2022] EWCA Civ 1408, Mr J Hilaire v Luton Borough Council [2022] EAT 166, and how employers can protect themselves during Christmas party season. -
Read the latest employment law news and cases analyses from the 3PB Barristers team. packed full of insights and news for employment and discrimination practitioners.
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Welcome to October's employment law newsletter In our October newsletter, we report the publication by the government of the Retained EU Law (Revocation and Reform) Bill, likely, if passed, to effect important change to UK employment law. We consider ACAS' update of their advice on employee suspensions; the TUC's challenge of government anti-strike legislation and more positive news around the 4-day week trial. We also congratulate our employment team for another set of impressive results in the Legal 500's latest...
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Lucas v Cosmeceuticals Ltd [2022] EAT 141 Heard in Scotland before Lord Fairley, the EAT dismissed the appeal and found in favour of the Respondent, represented by 3PB’s Joseph England. The judgment can be found here. The principal ground of appeal concerned a s.15 Equality Act 2010 claim and the link between the Claimant’s dismissal and the ‘something arising’ in consequence of the Claimant’s disability. The Employment Tribunal made a finding that there had been...
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The past 30 days have provided much for the employment law world to write about, starting with the success of 3PB’s Mathew Gullick QC, Lachlan Wilson and Naomi Webber in the Supreme Court in The Harper Trust v Brazel case; and Mathew Gullick QC earning the accolade of the Times’ “Lawyer of the Week” in the process.
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