Employment and discrimination News

An influential alliance of unions, charities and women’s rights group have campaigned this week to impose on employers a duty to prevent harassment in the workplace. On 26th June 2019 the petition was launched by the group called, This Is Not Working, including the Fawcett Society, Action Aid, Amnesty and Time’s Up UK. Their aim is the introduction of new legislation that would require employers to take preventative measures to stop sexual misconduct in the...

Ahead of Armed Forces day this Saturday 29th June, 3PB Barristers are delighted to announce their close cooperation with solicitors Bower & Bailey to provide first class legal assistance to Armed Forces Personnel – across the whole spectrum of legal specialisms. Both firms will sign on Wednesday 3rd July the Armed Forces Covenant, pledging support to Armed Services Personnel through the supply of legal services and charity work. National barristers chambers 3PB have established strong...

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 /...