Employment and discrimination News

Joseph England successful in EAT appeal concerning the discrimination burden of proof and reasonable adjustments

20th September 2022

Lucas v Cosmeceuticals Ltd [2022] EAT 141 Heard in Scotland before Lord Fairley, the EAT dismissed the appeal and found in favour of the Respondent, represented by 3PB’s Joseph England. The judgment can be found here. The principal ground of appeal concerned a s.15 Equality Act 2010 claim and the link between the Claimant’s dismissal and the ‘something arising’ in consequence of the Claimant’s disability. The Employment Tribunal made a finding that there had been...

Welcome to September's employment law newsletter The world of employment has not sat still in the last month: our news section advertises encouraging results for the 4-day week trial currently conducted in the UK; a consultation on the tax status of remote and hybrid workers; a new CIPD report on Employer Focus on Working Parents; the government's launch of the Scale-up visa scheme, and the opening of a consultation on process for public sector exit payments....

The past 30 days have provided much for the employment law world to write about, starting with the success of 3PB’s Mathew Gullick QC, Lachlan Wilson and Naomi Webber in the Supreme Court in The Harper Trust v Brazel case; and Mathew Gullick QC earning the accolade of the Times’ “Lawyer of the Week” in the process.

Mathew Gullick QC named as Lawyer of the Week by The Times

28th July 2022

3PB's Mathew Gullick QC has been named as Lawyer of the Week by The Times today, following the landmark judgment in favour of his client Mrs Lesley Brazel by the UK Supreme Court. Mathew Gullick QC acted for Mrs Brazel, a school music teacher, in the Supreme Court. Mrs Brazel claimed that her employer was wrong to give her fewer days of paid annual leave because she worked only during the school terms.  The UK's...

Part-time music teacher wins landmark case on calculating holiday pay for ‘part-year’ workers

20th July 2022

3PB barristers Mathew Gullick QC, Lachlan Wilson and Naomi Webber from 3PB's Employment and Discrimination Group - saw today a landmark judgment in favour of their music teacher client Mrs Lesley Brazel by the UK Supreme Court. This decision today follows her case being heard before an employment tribunal (in 2017), the Employment Appeal Tribunal (in 2018) and most recently the Court of Appeal (in 2019). The UK's highest court confirmed the rights of part-year...

July's employment law newsletter from 3PB Barristers features news of the first instance case of Burke v Turning Point Scotland in which long-Covid is identified as a disability; analysis of Tribunal Statistics for the quarter January to March 2022 and provides an update on those health professionals now able to provide sick notes. There's also a round-up of the very latest case analysis from members and our pupil.

Employment and Discrimination barrister Daniel Brown co-opted to ELBA Management Committee

28th June 2022

Congratulations to 3PB specialist Employment and Discrimination barrister Daniel Brown (pictured here) on being co-opted to the Employment Law Bar Association (ELBA) management committee. Daniel represents individuals, businesses and other organisations in Tribunal, Court and Professional Regulatory/Disciplinary proceedings. Daniel has particular expertise in the healthcare sector, having advised and represented professionals including doctors, nurses and midwives as well as NHS Trusts, Regulators and Care Homes. ELBA was formed in 1994, the Employment Law Bar Association...

Welcome to June's employment law newsletter In the June edition of our newsletter, we highlight the government's forthcoming reform of exclusivity clauses and the start in the UK of the world's largest 4-day week trial.  Case law analysis is provided by our members and pupils: - Oliver Hirsch analyses Knightly v Chelsea & Westminster Hospital NHS Foundation Trust [2022] EAT 63 in which the EAT considers if an employer who fails to make reasonable adjustments to its dismissal...

Craig Ludlow speaks on flexible working at successful Acas conference

13th May 2022

3PB's Head of Employment and Discrimination Law Team, Craig Ludlow, pictured here, joined Acas and other guest speakers at the Acas conference to discuss key legal considerations for flexible work requests. A recent Acas survey found that half of employers in Great Britain expected an increase in demand for flexible forms of working from employees, including hybrid options. However, there is growing evidence to suggest that there remains a significant mismatch between employees' preferences towards...

Welcome to May's Employment Law newsletter Spring is here: whilst April saw unseasonably dry conditions in a meteorological sense, there has been a metaphorical flood of interest and debate taking place as to what the future may, and should, hold in terms of remote and flexible working as we appear to embark upon what may be regarded as a post-pandemic era. News items in this edition cover:  - The CIPD Survey on attitudes to home working...

Craig Ludlow speaks on flexible working at Acas conference

13th April 2022

Flexible working: a strategic approach to increase productivity and tackle skill shortages - 12 May 2022 A recent Acas survey found that half of employers in Great Britain expected an increase in demand for flexible forms of working from employees, including hybrid options. However, there is growing evidence to suggest that there remains a significant mismatch between employees' preferences towards different types of flexible working and employers' offerings, leading to various degrees of costly workplace...

Welcome to April's employment law newsletter In the April edition of our employment law newsletter, we welcome Craig Ludlow's appointment to the Editorial Board of the Employment Lawyers Assocation (UK) Briefing magazine; report on the Fifth Addendum to the ET Presidential Guidance on awards for injury to feelings and psychiatric injury and other statutory increases to compensation from 6 April; and consider the ET's roadmap for how Employment Tribunal hearings will be conducted over 2022...