Employment and discrimination News

Joe England considers the latest guidance provided by the Court of Appeal on 'unreasonableness' in relation to costs applications in the Small Claims Court, including the extent to which it could apply in Employment Tribunals. The analysis focuses on last month's case of Dammermann v Lanyon Bowdler LLP [2017] EWCA Civ 269. Click here to view the full article

Thomas Acworth summarises an important decision given in Essop & Ors Home Office; Naeem v Secretary of State for Justice regarding indirect discrimination. Click here for the full article

Matthew Curtis reviews some recent decisions regarding evidential issues in disability discrimination cases, with a particular focus on: Stress as a disability Principal’s liability for acts of their agents Knowledge of disability, in particular who has to know for a claim to succeed? Indirect discrimination: the standard of evidence required Dismissing for long-term absence where there is late evidence from the employee To read Matthew’s full analysis, please click here.

Colin McDevitt provides a useful analysis of the Pimlico Plumbers v Smith case, examining when the factors in a business/client relationship might amount to employment or worker status. To read Colin’s full analysis, please click here.

Katherine Anderson examines if an employer can escape “scot-free” from liability for an act of victimisation if it is ‘astute enough’ to instruct an innocent third party – or employee - to carry it out. Please click here to read Katherine’s analysis.

Appearing before Mrs Justice Laing DBE, Mr England was successful in obtaining permission to appeal at a rule 3(10) hearing as part of the ELAAS scheme. In granting permission, the EAT praised Mr England for his “very clear submissions”. The case involved a job coach employed by one of the UK’s largest ‘welfare to work’ training providers and whose claims of discrimination had been struck out at a preliminary hearing as having no reasonable prospect...

3PB is pleased to welcome Matthew Curtis (Call 2006), formerly of College Chambers, Southampton. Matthew joins 3PB’s Employment team, based in Winchester. Simon Astill CEO, commented “I am delighted to welcome Matthew to 3PB. It shows the real strength of 3PB when we attract barristers of Matthew’s calibre. I look forward to developing his practice as part of the exciting plans we have for 3PB in 2017”.

Oliver Isaacs, employment law barrister at 3PB,  represented a Claimant in a rare case involving the reinstatement of an employee.  In Re L, the Manchester Employment Tribunal has indicated that it will order the reinstatement of a Claimant who was deemed unfairly dismissed.  In a two day remedy hearing, Oliver successfully represented L, advising and representing the client on issues of reinstatement and re-engagement. Oliver is an employment law expert and advises and represents both employers and...

In a long running and emotionally charged case, Joe England successfully represented a school caretaker who was unfairly dismissed and the victim of sex discrimination. In the latest chapter of the case and following a successful appeal earlier this year, Mr England last week successfully gained an increase in the compensatory award from £1135 (rounded) to over £60,000. The male school caretaker was dismissed for allegations loosely based on ‘crossing professional boundaries’ in relation to...