News for: Joseph England

3PB Employment barrister Joseph England examines the decision reached by the Court of Appeal in Day v Health Education England & Ors. [2017] EWCA Civ 329, where the Court of Appeal held that a junior doctor can rely on ‘whistleblowing’ protection against Health Education England despite a separate employment relationship with an NHS Trust, bolstering protection for 54,000 junior doctors and agency workers nationwide. To read Joseph’s article, please click here. This article originally appeared...

Joseph England appeared last week in an interesting case under the Equality Act 2010 heard in the County Court in which a traveller was seeking an injunction and damages from a pub and its landlady after he was refused service. Relying on his race as a traveller, the Claimant alleges that he was refused service because of his race and that this was an act of harassment, whereas the Defendants contend that their belief was...

Gareth and Joseph were recently instructed on behalf of a national retail group to submit a written statement to the Court of Appeal arguing that permission should not be provided to the Claimant in an appeal from the EAT. The appeal concerned the correct process to be adopted at a preliminary hearing by an Employment Tribunal when considering striking out part of a claim, in particular the extent to which evidence should be heard and...

Joe England considers the latest guidance provided by the Court of Appeal on 'unreasonableness' in relation to costs applications in the Small Claims Court, including the extent to which it could apply in Employment Tribunals. The analysis focuses on last month's case of Dammermann v Lanyon Bowdler LLP [2017] EWCA Civ 269. Click here to view the full article

Appearing before Mrs Justice Laing DBE, Mr England was successful in obtaining permission to appeal at a rule 3(10) hearing as part of the ELAAS scheme. In granting permission, the EAT praised Mr England for his “very clear submissions”. The case involved a job coach employed by one of the UK’s largest ‘welfare to work’ training providers and whose claims of discrimination had been struck out at a preliminary hearing as having no reasonable prospect...

Following the long line of appellate authorities and conflicting cases that have emerged in recent years, this week Joe England represented a care home business that is part of one of the largest national partnerships of care homes, successfully having two claims dismissed. The cases were being closely watched by the national business and have very significant ramifications for the chain and the wider care sector. One of the central issues examined in the case...

In a long running and emotionally charged case, Joe England successfully represented a school caretaker who was unfairly dismissed and the victim of sex discrimination. In the latest chapter of the case and following a successful appeal earlier this year, Mr England last week successfully gained an increase in the compensatory award from £1135 (rounded) to over £60,000. The male school caretaker was dismissed for allegations loosely based on ‘crossing professional boundaries’ in relation to...