Employment and discrimination News

3PB employment barrister Mark Green appeared in one of the first video EAT full hearings. In Omar Kalif v Evolve Hospitality Limited UKEAT/0313/19/LA, the Claimant appealed on the basis that the ET had failed to consider the full extent of a PCP in a claim for indirect religious discrimination. The PCP concerned a Chef's alleged requirement to handle pork products. The Respondent’s position was that the Claimant had never been required to handle such products. The Claimant...

Following the recent decision of Re Debenhams Retail Ltd (In Administration) [2020] EWHC 921 (Ch) which applied Re Carluccio’s Limited [2020] EWHC 886 (Ch), 3PB’s specialist Employment and Commercial Barristers Daniel Brown and Rebecca Farrell join forces to review the Carluccio’s decision. Daniel Brown and Rebecca Farrell provide an analysis of this decision which serves to provide guidance to joint administrators who wished to retain employees under the Coronavirus Job Retention Scheme but only if...

3PB’s tax and commercial litigation barrister Max Schofield has issued a briefing, in tandem with employment barrister Daniel Barnett from Outer Temple Chambers, aimed at UK employers who face difficulties with their Coronavirus Job Retention Scheme payments from HMRC. The briefing comments that, whilst “everyone appreciates that the Scheme is being introduced in difficult and time-pressured circumstances… various iterations of the Guidance were released by HMRC before they even had any legal power to administer the...

Sarah Bowen has edited 3PB's latest Employment & Discrimination newsletter, including contributions from Sarah Clarke, Katherine Anderson, Lachlan Wilson, Daniel Brown and Naomi Webber. The newsletter provides key resources to help businesses manage the employment consequences of the COVID-19 crisis. Click here to read our latest News, and Case Law Updates and book to attend one of our events. Cases and topics reviewed include: Equality and discrimination in employment during the COVID-19 Pandemic Coronavirus Job...

3PB have long used some of the best remote video and telephone support technology – principally Microsoft Teams and Lifesize and now also Zoom for certain tasks – in any barristers chambers in the UK. Given the demand to schedule telephone or video case  management hearings, our employment clerks led by Russell Porter have been extremely busy helping clients schedule these. The news that many of the Employment Tribunals (including London Central ET from 14...

Further details about the ‘Coronavirus Job Retention Scheme’ have been announced by the government, outlining how the scheme will operate, and who will be eligible. Many businesses will now be considering what, if any, legal implications there may be in respect of how the furloughing process works. Click here to read Sarah Clarke's analysis for Business West. Sarah Clarke is a barrister specialising in employment law at 3PB Barristers, based in Bristol.

Katherine Anderson has edited 3PB's latest Employment & Discrimination newsletter, including contributions from Sarah Clarke, Simon Tibbitts and Grace Nicholls. Cases reviewed are: Jesudason v Alder Hey Children’s NHS Foundation Trust [2020] EWCA Civ 73 - Whistle-blowers beware: just because there is a PD doesn’t necessarily mean that the employer can’t respond (and damage your reputation) in order to ‘set the record straight’ Robinson v His Highness Sheikh Khalid Bin Saqr Al Qasim UKEAT/0106/19/RN - Illegality...

Stephen Wyeth has edited 3PB's latest Employment & Discrimination newsletter, including contributions from Sarah Clarke, Katherine Anderson, Naomi Webber, Grace Nicholls. Cases reviewed are: Q v Secretary of State for Justice UKEAT/0120/19/JOJ - When are Article 8 rights engaged in the context of an unfair dismissal claim and how should the engagement of such rights be approached by the tribunal? Duncan Lewis Solicitors v Puar UKEAT/0175/19/RN - Strike Out: seriousness of default and possibility of...

Reasonable adjustments: is it relevant that the employee did not mention them? Katherine Anderson analyses Shah v TIAA Ltd UKEAT/0180/19/BA, following her successful representation of the respondent employer in this appeal before the EAT. Click here to read Katherine's analysis for the case. Click here to view the full judgment. Katherine is an experienced employment law specialist who has acted for and advised claimant and respondent employers in the private, public and not-for-profit sectors. She...

Has the test for whether or not an appeal should be allowed in respect of a case management decision, as laid down in O’Cathail v Transport for London, been impliedly overruled by R (Osborn) v Parole Board? No, says the EAT in Chowdhury v Marsh Farm Futures UKEAT/0473/18/DA, siding with specialist employment barrister Sarah Clarke. Click here to read Sarah's analysis of the case. Sarah Clarke is an experienced advocate, specialising in Employment law.  Typical...

3PB's Head of Chambers David Berkley QC takes part in a new podcast as part of the Get Legally Speaking series. This episode covers topics such as: What you can do if you are made to feel constantly upset/demoralised at work What is meant by raising a grievance Is there a time limit on raising a grievance/complaint How long should a company take to respond to a grievance and are they following a due process...

Craig Ludlow edits 3PB's latest Employment & Discrimination newsletter, including contributions from Andrew MacPhail and Daniel Brown. Case summaries cover: Stuart Delivery Limited v Mr Warren Augustine (UKEAT/0219/18/BA) - Employment Status (again): Worker, employee or self-employed? Forstater v CGD Europe & Others - Is a belief that there are only two sexes and that it is impossible to change sex a belief protected by the Equality Act 2010? Brooks v Nottingham University Hospitals NHS Trust...