News for: Joseph England

As 3PB find themselves returning to Tribunals in-person, Joseph England outlines members’ experiences and key points to bear in mind as the differences emerge to the world we once knew. From the week beginning 29 June 2020, 3PB barristers have found themselves returned to the once familiar world of in-person hearings. Forced to shed their lockdown ‘work t-shirts’ and remember where the iron is kept, the team have been busy across the country returning to...

Simon Tibbitts edits 3PB's latest Employment & Discrimination newsletter, including contributions from Gareth Graham and Joseph England. Click here to read our latest News, and Case Law Updates and book to attend one of our events.

Joseph England edits 3PB's latest Employment & Discrimination newsletter, including contributions from Karen Moss, Daniel Brown, Grace Nicholls and Naomi Webber. Click here to read our News, Case Law Updates and book to attend one of our events.

The government has announced changes as part of its Good Work Plan that will provide protection from redundancy dismissals being extended to 6 months after a mother has returned to work. In addition, the government intend to extend redundancy protection for those taking adoption and shared parental leave, alongside the current protection available to new mothers. The current legislative regime is contained principally in Regulation 10 of the Maternity and Parental Leave Regulations 1999 and...

The start of the summer break and the end of Theresa May’s tenure has marked a bumper launch of consultations by the government. Such consultations can be very insightful as to future developments and trends that will subsequently appear in legislation. Joseph England explains about five consultations launched in the field of employment and discrimination law: Health is everyone's business consultation seeks views on different ways in which government and employers can take action to...

Karen Moss edits 3PB's latest Employment & Discrimination newsletter, including contributions from Mark Green, Sarah Bowen, Joseph England and Daniel Brown. Click here to read our News, Case Law Updates and book to attend one of our events.

3PB is pleased to announce that employment barrister Joseph England will shortly be publishing a practitioners’ handbook for whistleblowing cases, focusing on the NHS. Whistleblowing claims are one of the most complex and technical that can be pursued and this book will provide a comprehensive and practical guide to the law in this field. The topic has received increased attention in recent years as a result of several high profile cases and incidents in the...

3PB Employment barristers Colin McDevitt, Simon Tibbitts and Joseph England are delighted to have teamed up with RadcliffesLeBrasseur to deliver a Mock Employment Tribunal in London on 2 October 2018. There has been a significant increase in the number of Employment Tribunal claims brought by claimants.  A mock Employment Tribunal provides a unique insight into the experience of participating in a tribunal hearing, the process, what it's like to be questioned and how to give evidence...

Race discrimination - 'Coconut' - Joseph England considers recent analysis of comparators and striking out

23rd January 2018

In Walters v Avanta Enterprise Limited [2017] UKEAT 0127_17_2112 (December 2017), Slade J in the Employment Appeal Tribunal considered a case in which the Claimant argued that being labelled a ‘coconut’ (i.e. being black on the outside, white on the inside) demonstrated a racially discriminatory motivation but her claim was struck out as having no reasonable prospect of success. The case examines how to correctly construct a comparator and also repeats the trite warning against...

Appearing on 30 November 2017 at the EAT before HHJ Eady QC and against David Reade QC and Grahame Anderson, Joseph England dealt with an interesting and significant case examining how the doctrine of illegality applies within an employment context The case involved a migrant domestic worker who had to come to the UK but remained employed beyond the term permitted by her visa, according to the findings of the Employment Tribunal. The Claimant succeeded...

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...