Employment and discrimination News

Lachlan Wilson and Mathew Gullick edit 3PB's latest Employment & Discrimination newsletter, including contributions from Sarah Clarke. Case summaries cover: L v Q Ltd, [2019] EWCA Civ 1417 - The Court of Appeal affirms the importance of the principle of open justice in the context of Employment Tribunals, doubts whether there would ever be grounds (in a case not involving national security) for withholding publication of an ET judgment altogether, and refuses a disabled litigant’s...

Two former paratroopers brought claims of victimisation, direct race discrimination and harassment against the MOD. 3PB’s employment barrister Simon Tibbitts represented the MOD throughout. The victimisation claims were all struck out at a preliminary hearing in April 2019 with the direct race discrimination and racial harassment claims proceeding to be heard over 10 days in Central London ET in July 2019. The trial (final hearing) attracted widespread media attention and the Judgment, which has recently...

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

3PB Employment Barrister, Dan Brown, has in the last few days taken part in a pilot being run by London Central Employment Tribunal. The pilot is for ‘paperless’ proceedings. Dan's hearing was a five day final hearing involving nine witnesses and concerning claims of race and disability discrimination. Dan was only informed that the hearing would be paperless on the first day of the hearing itself and so if you have a hearing in London...

Music teacher Lesley Brazel, supported by the Incorporated Society of Musicians (ISM) and ARAG who provide legal expenses insurance to the ISM’s members, turned to Nottinghamshire law firm Hopkins Solicitors LLP and counsel Charlotte Hadfield, Lachlan Wilson, and Mathew Gullick from 3PB, to bring her holiday pay claim to court. Mrs Brazel, who was employed on a zero-hours contract, which was expressed to be permanent but under which she was only required to work during...

Music teacher Lesley Brazel, supported by the Incorporated Society of Musicians (ISM) and their legal expenses insurers ARAG, turned to Nottinghamshire law firm Hopkins Solicitors LLP and counsel Lachlan Wilson and Mathew Gullick from 3PB to bring her holiday pay claim discrimination case to court. For more details click here .

Joseph England edits 3PB's latest Employment & Discrimination newsletter, including contributions from Karen Moss, Daniel Brown, Grace Nicholls and Naomi Webber. Click here to read our News, Case Law Updates and book to attend one of our events.

The government has announced changes as part of its Good Work Plan that will provide protection from redundancy dismissals being extended to 6 months after a mother has returned to work. In addition, the government intend to extend redundancy protection for those taking adoption and shared parental leave, alongside the current protection available to new mothers. The current legislative regime is contained principally in Regulation 10 of the Maternity and Parental Leave Regulations 1999 and...

The start of the summer break and the end of Theresa May’s tenure has marked a bumper launch of consultations by the government. Such consultations can be very insightful as to future developments and trends that will subsequently appear in legislation. Joseph England explains about five consultations launched in the field of employment and discrimination law: Health is everyone's business consultation seeks views on different ways in which government and employers can take action to...

Last month fee paid Employment Judge and employment law specialist, Stephen Wyeth gave a talk for the Cardiff ELA to an audience of employment law solicitors.   The talk entitled “Employment Tribunal Hearings: preparation and procedure – a practical guide” was, by its namesake, a very practical course focusing on tactics and tips for bringing and defending claims.  Topics covered included how to best present the evidence; how to ensure witnesses are impressive; drafting compelling ET1s...

Dr Gosalakkal v University Hospitals of Leicester NHS Trust  UKEAT/0114/18/DA In a judgment handed down on 4 July, Karen Moss represented the successful appellant who challenged a detailed assessment of costs of over £80k in the employment tribunal. HHJ Richardson gave the judgment of the EAT which found that the employment judge had misunderstood the degree of overlap between (1) the whistleblowing complaints in respect of which an order for costs was made, and (2)...

On 25 July Mark Green appeared in the Court of Appeal on two separate appeals, led by Timothy Brennan QC. The first appeal looked at when the 6 year limitation deadline imposed by the Limitation Act 1980 would apply in the context of an unlawful deduction of wages claim for sums owing under the national minimum wage legislation over a period of 15 years. The second case involved a question of the time limit to appeal...