Unfair dismissal
Hiring and firing may be just business; but sometimes the loss of a job is deeply personal. Unfair dismissal is the bedrock of employment law and a vast and often complex area.
In the modern economy it’s not always clear who is an employee, with a right to make a claim. Sometimes it’s unclear whether there has been a dismissal at all. Dismissals can be for a variety of reasons, from misconduct to redundancy. It’s essential that an employer follow a fair procedure, and there are many pitfalls. Successful claims can lead to reinstatement, reengagement or payments of compensation, the exact calculation of which requires expertise and skill.
The 3PB team has huge experience of all types of claim, acting for employers and employees.
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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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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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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Welcome to June's employment law newsletter In the June edition of our newsletter, we highlight the government's forthcoming reform of exclusivity clauses and the start in the UK of the world's largest 4-day week trial. Case law analysis is provided by our members and pupils: - Oliver Hirsch analyses Knightly v Chelsea & Westminster Hospital NHS Foundation Trust [2022] EAT 63 in which the EAT considers if an employer who fails to make reasonable adjustments to its dismissal...
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Welcome to May's Employment Law newsletter Spring is here: whilst April saw unseasonably dry conditions in a meteorological sense, there has been a metaphorical flood of interest and debate taking place as to what the future may, and should, hold in terms of remote and flexible working as we appear to embark upon what may be regarded as a post-pandemic era. News items in this edition cover: - The CIPD Survey on attitudes to home working...
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