Articles

3PB employment law specialist Andrew MacPhail considers the case Cook v Gentoo Group Limited [2023] EAT 12 where the EAT had to consider whether the ET had erred in dismissing a direct age discrimination claim.

3PB commercial, chancery and property barrister Alexander Whatley has written about the impact of the decision in Barton v Morris [2023] UKSC 3. He has been recommended in Legal 500 (2023) as a ‘Tier 1 Leading Individual’ in Commercial Litigation.

Alex Leonhardt considers the Supreme Court’s decision in McCue v Glasgow City Council, a claim against a local authority’s decision to not disregard certain disability-related expenses from a means-testing assessment.

Victoria Hamblen discusses the case of Consulting Concepts International Inc v Consumer Protection Association (Saudi Arabia) [2022] EWCA Civ 1699 and explores the implications of limitation defences in cases involving contracts for services.

The counsel team for Mrs Brazel in the much publicised Harpur Trust v Brazel case, Mathew Gullick KC, Lachlan Wilson and Naomi Webber reflect on the recent Government consultation paper looking at holiday pay for part-year workers.

Naomi Webber considers the first case relating to Covid-19 and s.100(1)(d) of the Employment Rights Act 1996 to reach the Court of Appeal,  Rodgers v Leeds Laser Cutting [2022]. The case determines the employers liability in relation to serious and imminent danger claims from an employee during the pandemic.

3PB Pupil Barrister Emma Greening discusses the case Health & Safety Executive v Mr M Jowett[2022], and documents from claimant's previous employment with the respondent being  admissible in respect of remedy.

Karen Moss looks at the case Sarah Garrod v Riverstone Management Ltd [2022] where an employee’s grievance which was based on bullying, harassment and maternity discrimination constituted an "existing dispute" for the purpose of the "without prejudice" (WP) rule.

Joseph England analyses the Court of Appeal's analysis in Arvunescu that considers what wording is needed to settle a claim not yet issued.

Ashley Blood-Halvorsen discusses the case of Reed v Boswell (2022), a recent case involving a dispute between landlords over a common tenant, in which she represented the Defendant. Ashley’s article explores the proceedings of the case, offering advice to potential parties who are bringing or defending cases based on dishonesty, and legal representatives who are dealing with a difficult litigant in person.

Mariya analyses the case DHL Project & Chartering Ltd v Gemini Ocean Shipping Co Ltd [2022] EWCA Civ 1555)  in relation to the "separability principle" in arbitration agreements.

Andrew MacPhail looks at the case of Ellis v Bacon and Advanced Fire Solutions Ltd [2022], in which an appeal was allowed by the EAT against the original Employment Tribunal’s ruling that an employee was discriminated against due to her marital status.