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3PB Employment barrister Sarah Clarke analyses the latest employment law cases, covering: What constitutes ‘information’ in the context of making a protected disclosure? Kilraine v London Borough of Wandsworth [2018] EWCA Civ 1436 When determining the amount of one’s holiday pay, should regular voluntary overtime be included? In the context of the NHS, should non-guaranteed and voluntary overtime be included? Yes to both, says the EAT: Flowers v East of England Ambulance Trust UKEAT/0235/17/JOJ Can...
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Sarah Clarke succeeds in 3-day High Court trial in a claim for lost profits and loss of a chance. Sarah acted for a financial advisory firm who had brought claims against a former employee who had moved to a competitor. It was held that the Defendant had breached various terms of his employment contract, including a non-solicit clause, and that this had caused the Claimant to lose the chance of securing business from various prospective...
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In our latest update, Katherine Anderson analyses: In what circumstances can damages for breach of contract be assessed by reference to the sum that the claimant could hypothetically have negotiated in return for releasing the defendant from the obligation it failed to perform? Morris-Garner and another v One Step (Support) [2018] UKSC 20 (18 April 2018) If an employee is dismissed on written notice posted to his home address, when does the notice period begin...
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3PB barrister Sarah Bowen analyses the latest employment law cases, covering the following topics at our Oxford Employment Breakfast Seminar. Click here to read the full update. 6 year time limit for recovery of compensation does not apply to Unauthorised Deductions from Wages Claims: AM Coletta v Bath Hill Court (Bournemouth) Property Management Ltd [2018] UKEAT/0200/17/RN (29 March 2018) Failure to pay enhanced shared parental pay to a male employee was not sex discrimination: Capita Customer Management Limited v (1) Ali...
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3PB barristers Sarah Bowen and Craig Ludlow analyse the latest employment law cases, covering the following topics. Click here to read their update 6 year time limit for recovery of compensation does not apply to Unauthorised Deductions from Wages Claims: AM Coletta v Bath Hill Court (Bournemouth) Property Management Ltd [2018] UKEAT/0200/17/RN (29 March 2018) Failure to pay enhanced shared parental pay to a male employee was not sex discrimination: Capita Customer Management Limited v (1) Ali (2) Working Families...
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Chambers is delighted to announce Simon Tibbitts' promotion to the Attorney General’s Regional Panel B of Counsel to the Crown for a period of five and a half years commencing on 3 April 2018. Chambers has seven members on the Attorney-General’s civil panels; they are: London A Panel: Mathew Gullick London B Panel: William Hansen, Rupert Jones, Richard Wheeler, Caroline Stone London C Panel: Mark Green Regional Panel B: Simon Tibbitts
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3PB Employment barrister Simon Tibbitts analyses the latest employment law cases, covering: Can you rely on OH Advice as to whether someone is disabled or not? - Donelien v Liberata UK Limited EWCA Civ 129 Agency Worker Regulations – A ‘term-by-term’ comparison is required – Kocur v Angard Staffing Solutions Limited & Royal Mail Group Limited UKEAT/0181/17 Windfalls for Part-Time Workers? - Brazel v Harpur Trust UKEAT/0101/17 Pre-Cancerous Conditions – Do they amount to a disability?...
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3PB barrister Sarah Bowen analyses the latest employment law cases, covering: Age discrimination/Objective justification – Sargeant and Others v London Fire and Emergency Planning Authority and Others UKEAT/0116/17/LA and The Lord Chancellor and Anor v McCloud and Ors [2018] UKEAT/0071/17/2901 Sex Discrimination – HM Chief Inspector of Education, Children’s Services and Skills v Interim Executive Board of Al-Hijrah School [2017] EWCA Civ 1426 Discrimination – Time limits – Hale v Brighton and Sussex University Hospitals...
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In Walters v Avanta Enterprise Limited [2017] UKEAT 0127_17_2112 (December 2017), Slade J in the Employment Appeal Tribunal considered a case in which the Claimant argued that being labelled a ‘coconut’ (i.e. being black on the outside, white on the inside) demonstrated a racially discriminatory motivation but her claim was struck out as having no reasonable prospect of success. The case examines how to correctly construct a comparator and also repeats the trite warning against...
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Karen Moss has successfully appealed a judgment which wrongly excluded all pre-termination negotiations pursuant to s.111A ERA 1996, when such negotiations were admissible for the purposes of determining whether there was a termination at all - Basra v BJSS Ltd UKEAT/0090/2017.
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3PB Employment barristers Oliver Isaacs and Katherine Anderson analyse the latest employment law cases, covering: Holiday Pay - The Sash Window Workshop v King The Burden of Proof - Ajayi Ayodele v Citylink Ltd & Napier (2017) EWCA Civ 1913 Marriage or Marriage Difficulties - Gould v Trustees of St John's Downshire Hill [2017] UKEAT 0115_17_0510 Uber BV and ors v Aslam and ors (2017) IRLR 4 Weekly Rest Breaks 0 Mr Maio Marques da Rosa v...
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On 12 December, 3PB head of employment James Dawson, and barristers Sarah Bowen and Gareth Graham delivered a mock Employment Tribunal to ACAS South West attendees. To discuss employment training sessions, contact Chambers Director Russell Porter at [email protected].
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