Employment and discrimination newsletter out now - April 2021

Welcome to April's newsletter

In this edition we welcome Mathew Gullick QC's appointment as Silk and our new tenant Alex Leonhardt. We also introduce you to our new on-line employment law resources.

Our team has reviewed the judgments in the following cases: Royal Mencap Society v Tomlinson-Blake & Others [2021] UKCS 8; Asda Stores Ltd v Brierley; Rodgers v Leeds Laser Cutting Ltd; Mallon v AECOM Ltd; Page v Lord Chancellor and ors; Smith v Pimlico Plumbers Ltd UKEAT/0211/19/DA and L v 1) X 2) Z & 3) E UKEAT/0080/20/RN.

Finally, we look forward to our next employment law webinar on 21 April, with Gareth Graham and Matthew Curtis.

Mathew Gullick QC enjoys his first weeks as newly-appointed Silk 

Employment and public law barrister Mathew Gullick QC started his first day as Queen's Counsel on Monday 15 March, after his appointment was announced last December.

3PB now boasts 15 QCs across our national practice.

Employment law resources from 3PB

Our team of 26 specialist employment barristers operating from six centres across the UK has created its own employment knowledge hub, gathering in one place our employment resources, including legal knowledge and news.

Search for specific key terms or subscribe to receive invitations, news and updates from our specialist barristers.

3PB welcomes Alex Leonhardt as a tenant  

We are delighted to congratulate Alex Leonhardt on the successful completion of his pupillage and to welcome him as a new tenant focusing on employment, education and housing.

Alex is available to accept instructions for advocacy and advisory work.

A Fourth Addendum to the Presidential Guidance on employment tribunal awards for injury to feelings

This fourth addendum includes updated Vento bands for claims presented on or after 6 April 2021:

- a lower band of £900 to £9,100 for less serious cases
- a middle band of £9,100 to £27,400 for cases that do not merit an award in the upper band
- an upper band of £27,400 to £45,600 for the most serious cases.

UK Supreme Court Sleep-in Workers Decision

Mathew Gullick QC analyses the UK Supreme Court's judgment of 19 March 2021, which completed many years of litigation over the issue of whether “sleep-in” workers were entitled to be paid the National Minimum Wage (NMW) during the whole of the periods when they were required to be at work but were permitted to be asleep.

March 2021 employment case law analysis

Simon Tibbitts and Daniel Brown discuss two significant cases which were decided in March 2021.

Simon analyses Asda Stores Ltd v Brierley, an equal pay case which has received extensive press attention.

Daniel discusses Rodgers v Leeds Laser Cutting Ltd, a case in which an employee was dismissed for refusing to attend work due to concerns about Covid-19.

Listen in podcast format

SC judgment on Asda Stores Ltd v Brierley: a ‘watershed moment’ or a clarification of existing principles?

Simon Tibbitts analyses the judgment of the Supreme Court handed down on Friday, 26th March, outlining  the clarity the case provides on the approach and principles to be adopted when dealing with cross-establishment comparisons in Equal Pay claims.

Simon highlights the clarity the Judgment brings and suggests large employers would be well advised to review their pay structures.

Workers are not entitled to carry over unpaid annual leave that was actually taken

In this article, Sarah Clarke analyses the EAT's decision in Smith v Pimlico Plumbers Ltd UKEAT/0211/19/DA , in which Mr Justice Choudhury considers whether a worker is entitled to a payment in lieu of annual leave upon termination, whether such leave was taken or not, in circumstances where the respondent did not provide any paid annual leave during the relationship.

Strike-out applications of discrimination claims: approach with particular caution

Alex Leonhardt analyses Mallon v AECOM Ltd, UKEAT/0175/20/LA (V), a case in which the EAT again urged caution in the use of strike-out applications in discrimination cases, and warned against only considering the first of the three duties under s20 of the Equality Act in reasonable adjustment claims.

View Alex's profile

Decision to remove magistrate for “pre-conceived beliefs” not religious discrimination nor victimisation  

Grace Nicholls reviews Page v Lord Chancellor and ors [2021] EWCA Civ 254, a case in which a magistrate expressed views about the appropriateness of the adoption of a child by a same sex couple based on his religious views and refused to sign the order approving the adoption.

View Grace's profile

What is “conduct extending over a period” and how and when should that question be determined?

Katherine Anderson reviews L v 1) X 2) Z & 3) E UKEAT/0080/20/RN and examines the principles considered by the EAT in determining whether there was “conduct extending over a period” for the purposes of section 123 of the Equality Act 2010.

View Katherine's profile

21 April employment law webinar at 11am

What happens when trade doesn’t get back to pre-pandemic levels?

Gareth Graham and Matthew Curtis examine the options and potential pitfalls for businesses looking to make redundancies or organisational changes due to pressures caused by reduced activity.

Please register to book your place.

Meet the team

3PB’s employment law group offers expert advisory and advocacy services to private and public sector employers across all areas of employment law including unfair dismissal, discrimination, equal pay, industrial disputes, executive contracts, wrongful dismissals, restrictive covenants, whistleblowing, TUPE, injunctions, pensions disputes and disciplinary proceedings.