Employment and discrimination News

In her latest article, 3PB Employment barrister Sarah Bowen examines the ECHR’s final decision in Burbalescu v Romania and its impact on private and public employers who chose to monitor staff communications. Sarah provides a useful summary of the principles relevant to this complex area of law and its impact on convention rights.

3PB Employment barrister Andrew MacPhail examines the decision taken by Justice Simler in Focus Care Agency & Ors v Mr B Roberts & Ors UKEAT/0143/16/DM & Ors and when "sleep-in" shifts constitute time work under the National Minimum Wage Regulations 2015. To read Andrew's analysis, please click here.

Employment specialist Matthew Curtis provides an employment case law update covering: Tribunal fees – the latest position Suspension – the risks ACAS Early conciliation – the latest skirmishes in an ongoing war (De Mota v ADR Network & anor UKEAT/0305/16) Presidential guidance – pensions and Vento Burden of proof in discrimination claims Please click here to read Matthew's case law update.

3PB Employment barrister Sarah Bowen reviews the Supreme Court’s landmark decision in R (on the application of UNISON) v Lord Chancellor [2017] UKSC 51 that Tribunal fees are unlawful and discriminatory and considers what might happen next!

3PB Employment barrister Joseph England examines the decision reached by the Court of Appeal in Day v Health Education England & Ors. [2017] EWCA Civ 329, where the Court of Appeal held that a junior doctor can rely on ‘whistleblowing’ protection against Health Education England despite a separate employment relationship with an NHS Trust, bolstering protection for 54,000 junior doctors and agency workers nationwide. To read Joseph’s article, please click here. This article originally appeared...

Joseph England appeared last week in an interesting case under the Equality Act 2010 heard in the County Court in which a traveller was seeking an injunction and damages from a pub and its landlady after he was refused service. Relying on his race as a traveller, the Claimant alleges that he was refused service because of his race and that this was an act of harassment, whereas the Defendants contend that their belief was...

3PB Employment barrister Karen Moss has had an article published on the impact of Wyatt v Hampshire County Council UKEAT/0013/16 on litigants claiming personal injury damages in the employment tribunal. See http://www.pibriefupdate.com/content/ and the Personal Injury Brief Update Law Journal newsletter this month. To read Karen's artile, please click here.

Simon Tibbitts provides an employment case law update covering: (1) Discrimination awards – all rise by 10%!: De Souza v Vinci Construction (UK) Ltd [2017] EWCA Civ 879 (2)  Conduct of an employee does not have to be culpable (whether negligent, reckless or dishonest) in order to constitute a potentially fair reason under s.98(2)(b) ERA 1996: JP Morgan v Ktorza (UKEAT/0311/16/JOJ) (3)  Privilege against self-incrimination and when it arises in the ET: Coletta v Bath Hill...

Gareth and Joseph were recently instructed on behalf of a national retail group to submit a written statement to the Court of Appeal arguing that permission should not be provided to the Claimant in an appeal from the EAT. The appeal concerned the correct process to be adopted at a preliminary hearing by an Employment Tribunal when considering striking out part of a claim, in particular the extent to which evidence should be heard and...

3PB Employment barrister Sarah Clarke provides a case law update covering the past month. Sarah's update includes: Dismissal connected to absence because of cancer treatment was not discrimination arising from disability: Charlesworth v Dransfields Engineering Services Ltd If an employee working night shifts is required to ‘sleep in’ at the premises, are they entitled to NMW for this time? It depends, says the EAT in 3 conjoined appeals: Focus Care Agency Ltd v Roberts UKEAT/0143/16/DM; Frudd v...

In the wake of the snap general election's result, employment law barrister Thomas O'Donohoe examines how employment cases may be affected. To read Thomas' analysis, click here.

3PB's Employment and Discrimination group is partnering with ACAS to deliver a highly engaging Employment Tribunals: An Insider’s Guide masterclass for HR practitioners and people managers that will help avoid common mistakes and show strategies that can lead to a successful conclusion. 3PB Employment barristers James Dawson, Sarah Clarke and Sarah Bowen will take part in the masterclass. Please click here to register or for more information, please contact Chambers Director Russell Porter.