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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...
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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...
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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...
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Sarah Clarke analyses Chowdhury v Marsh Farm Futures, following her successful appearance in the EAT
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...
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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...
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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...
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Judgment has been handed down by the EAT in Caterham School Ltd v Rose [2019] 8 WLUK 277; UKEAT/0149/19/RN. 3PB’s Tom Webb appeared for the successful Appellant. The decision concerns the extent to which, at a preliminary hearing on time limits, a tribunal is able to make findings as to conduct continuing over a period. The judgment is available here.
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Colin McDevitt edits 3PB's latest Employment & Discrimination newsletter, including contributions from Naomi Webber who reviews the Supreme Court decision in Royal Mail Group Ltd v Jhuti [2019] UKSC 55 and Daniel Brown who analyses Caterham School Limited v Rose and discusses the appropriateness of considering the question of conduct extending over a period at a Preliminary Hearing. Click here to read our latest News, and Case Law Updates and book to attend one of...
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3PB is thrilled to have been shortlisted by the Legal 500 directory in the following categories: Regional Bar: Set of the Year and Regional Bar: Silk of the Year – Vanessa Meachin QC The nomination for Regional Set of the Year is further acknowledgment of the talent, hard work and investment by 3PB's members and staff this year across all of our specialisms and 6 office locations in the UK. The set was previously shortlisted in...
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Richard Owen-Thomas edits 3PB's latest Employment & Discrimination newsletter, including contributions from Sarah Bowen, Katherine Anderson, Grace Nicholls and Naomi Webber. Case summaries cover: Bessong v Pennine Care NHS Foundation Trust UKEAT/0247/18/JOJ - Third party harassment Mustard v Flowers & Ors [2019] EWHC 2623 (QB) - Covert recording in a PI claim: ramifications for Employment Tribunals? Ugradar v Lancashire Care NHS Foundation Trust UKEAT/0301/18 - Contractual redundancy pay and the statutory cap Gray v Mulberry...
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In the EAT case of Humankind Charity (formerly Blenheim CDP) v Gittens (judgment not yet available), Mark Green (instructed by Ellis Whittam) successfully represented the Appellant. Ms Gittens was dismissed for misconduct, following an allegation of dishonesty. The Employment Tribunal found that the Respondent had fairly dismissed her but went on to find that she had been wrongfully dismissed, as she had no duty to disclose her own misconduct and therefore had not fundamentally breached...
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Supreme Court: A Judge, even though not a worker, can rely on whistleblowing protection in a boost for the application of EU rights to domestic law Joseph England of 3PB Barristers analyses the Supreme Court's decision - Read the full article here. Gilham v Ministry of Justice [2019] UKSC 44 The Supreme Court handed down its judgment in Gilham on 16 October 2019. The SC considered whether a Judge could rely on whistleblowing protection, holding...
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