Employment and discrimination Articles

Specialist employment law barrister Mathew Gullick QC analyses the UK Supreme Court's judgment of 19 March 2021, which completed many years of litigation over the issue of whether “sleep-in” workers were entitled to be paid the National Minimum Wage (NMW) during the whole of the periods when they were required to be at work but were permitted to be asleep.

Asda Stores Ltd v. Brierley & Ors [2019] EWCA Civ 44

Employment law barrister Simon Tibbitts analyses the judgment of the Supreme Court handed down on Friday, 26th March, outlining  the clarity the case provides on the approach and principles to be adopted when dealing with cross-establishment comparisons in Equal Pay claims.

Simon highlights the clarity the Judgment brings and suggests large employers would be well advised to review their pay structures.

Smith v Pimlico Plumbers Ltd UKEAT/0211/19/DA

Specialist employment barrister Sarah Clarke analyses the EAT's decision in Smith v Pimlico Plumbers Ltd UKEAT/0211/19/DA , in which Mr Justice Choudhury considers whether a worker is entitled to a payment in lieu of annual leave upon termination, whether such leave was taken or not, in circumstances where the respondent did not provide any paid annual leave during the relationship.

Mallon v AECOM Ltd, UKEAT/0175/20/LA (V)

Employment and civil law barrister Alex Leonhardt analyses Mallon v AECOM Ltd, UKEAT/0175/20/LA (V), a case in which the EAT again urged caution in the use of strike-out applications in discrimination cases, and warned against only considering the first of the three duties under s20 of the Equality Act in reasonable adjustment claims.

L v 1) X 2) Z & 3) E UKEAT/0080/20/RN

Employment law barrister Katherine Anderson reviews L v 1) X 2) Z & 3) E UKEAT/0080/20/RN and examines the principles considered by the EAT in determining whether there was “conduct extending over a period” for the purposes of section 123 of the Equality Act 2010.

Asda Stores Ltd v. Brierley & Ors [2019] EWCA Civ 44

Specialist employment law barrister Simon Tibbitts reviews Asda Stores Ltd v. Brierley & Ors [2019] EWCA Civ 44, a case concerning equal pay.

Leeds and Yorkshire Housing Association Limited v Fothergill UKEAT/0211/20/LA

Karen Moss represented the successful Appellant before the EAT on 28th January 2021 and judgment was read out on 5th February 2021. Read Karen's analysis of Leeds and Yorkshire Housing Association Limited v Fothergill UKEAT/0211/20/LA here.

Mrs l Chalmers v Airpoint Ltd & Others UKEATS/0031/19/SS

Andrew MacPhail analyses the case of Mrs l Chalmers v Airpoint Ltd & Others UKEATS/0031/19/SS.

R (On the application of Motherhood Plan & Anor) v HM Treasury & Anor [2021] EWHC 309 (Admin)

Naomi Webber analyses the case of R (On the application of Motherhood Plan & Anor) v HM Treasury & Anor [2021] EWHC 309 (Admin). A case concerning direct discrimination.

Head (Executrix of the Estate of Michael Head deceased) v The Culver Heating Company Limited [2021] EWCA Civ 34

Grace Nicholls analyses Head (Executrix of the Estate of Michael Head deceased) v The Culver Heating Company Limited [2021] EWCA Civ 34 a case concerning ''lost years claims''.

Uber BV and others v Aslam and others

Craig Ludlow analyses the Supreme Court’s judgment in Uber and examines its likely potential scope and impact on the issue of employment status in the future.

Allay (UK) Limited v Gehlen

Joseph England reviews the case of Allay (UK) Limited v Gehlen in which the employer used s.109(4) Equality Act 2010 as a statutory defence.