Employment and discrimination News

Daniel Brown edits 3PB's latest Employment & Discrimination newsletter. Click here to read our News, Case Law Updates and book to attend one of our events.

At the beginning of May, Lachlan Wilson and Mathew Gullick appeared before the Court of Appeal for the employee, a school's peripatetic music teacher, in a challenge brought by the employer against the decision of the EAT (reported as Brazel v Harpur Trust at [2018] ICR D10) that, in cases involving workers on zero hours contracts, there was no basis to reduce the holiday entitlement of 5.6 weeks under the Working Time Regulations 1998 or to change...

3PB barristers Craig Ludlow and Sarah Clarke analyse the latest employment law cases, covering March, April and May 2019. Click here to read their analysis. Time limits and the correct approach to the reasonable practicability of lodging ET claims when the previous fees regime was in place -  Mr G Wray v Jewish Care (UKEAT/0193/18/JOJ) s.26 Harassment: The correct approach -  Mr F Ahmed v The Cardinal Hume Academies (UKEAT/0196/18/RN) Criminal & Employer Investigations, Interim...

Simon Tibbitts edits 3PB's latest Employment & Discrimination newsletter. Click here to read our News, Case Law Updates and book to attend one of our events.

Karen Moss succeeded yesterday in the EAT in Baldeh v Churches Housing Association of Dudley & District Ltd UKEAT/0290/18/JOJ, persuading HHJ Shanks that where the original decision to dismiss was for disability-related reasons, without knowledge of the disability, but the appeal decision, upholding the dismissal was for the same reasons, with the requisite knowledge of a disability, that was actionable by an employee claiming to have been dismissed because of something arising in consequence of...

3PB employment barrister Andrew MacPhail appeared in the Court of Appeal recently, representing Ms Shaikh at all stages including at the Court of Appeal, instructed by LB Law.  The Court of Appeal, as confirmed in its reserved judgment of today’s date, concluded in Ms Shaikh’s favour ([2019] EWCA Civ 267). Ms Shaikh brought a number of claims in the ET, including an equal pay claim and claims based on constructive dismissal arising from the alleged...

3 Paper Buildings (3PB) Employment and Discrimination barrister Mark Green, instructed by Anna Illingworth of solicitors Rowberry Morris, successfully represented 88-year-old secretary Eileen Jolly in suing the NHS for age and disability discrimination after she was dismissed, despite the surgeon she worked for disagreeing with the decision, stating she was ‘meticulous and reliable'. Watch Mark discussing the case on This Morning earlier today here. Mrs Jolly, who is believed to be the oldest person ever...

3 Paper Buildings (3PB) Employment and Discrimination barrister Mark Green, instructed by Anna Illingworth of solicitors Rowberry Morris, successfully represented 88-year-old secretary Eileen Jolly in suing the NHS for age and disability discrimination after she was dismissed, despite the surgeon she worked for disagreeing with the decision, stating she was ‘meticulous and reliable'. Mrs Jolly, who is believed to be the oldest person ever to sue an employer for age discrimination - after taking the...

3PB barrister Matthew Curtis, appearing before the President of the EAT, Mr Justice Choudhury, successfully obtained permission to appeal against a costs order made by an employment tribunal after the appeal was initially refused at the sift stage. The President said he was “very grateful” for the “considerable benefit” of Matthew’s submissions. A full appeal will follow later in the year. Matthew’s client, the claimant, is appealing against a costs order imposed by the Employment...

3PB barrister Craig Ludlow analyses the latest employment law cases, covering: Burden of proof in direct discrimination cases - Efobi v Royal Mail Group Ltd [2019] EWCA Civ 18 Whistleblowing – failure to comply with legal obligation / public interest test - Ibrahim v HCA International Ltd UKEAT/0105/18/BA Equal Pay: Cross-establishment comparators - Asda Stores Ltd v Brierley & Others [2019] EWCA Civ 44 Practice and Procedure – Case Management – Restricted Reporting Order /...

3PB is pleased to announce that employment barrister Joseph England will shortly be publishing a practitioners’ handbook for whistleblowing cases, focusing on the NHS. Whistleblowing claims are one of the most complex and technical that can be pursued and this book will provide a comprehensive and practical guide to the law in this field. The topic has received increased attention in recent years as a result of several high profile cases and incidents in the...

3PB barristers Lachlan Wilson and Sarah Bowen analyse the latest employment law cases, covering: Harassment – Evans v Xactly Corporation Ltd UKEATPA/0128/18LA Whistleblowing: Timis & Sage v Osipov [2018] EWCA Civ 2321 Direct Discrimination – Lee v Ashers Baking Company Ltd and others [2018] UKSC 49 Good faith/Bad faith - Saad v Southampton University Hospitals NHS Trust UKEAT/0276/17/JOJ Amendments – Pruzhanskaya v International Trade Exhibitors (JV) Ltd (2018) UKEAT/0046/18/LA Philosophical Belief – A Gray v...