News for: Sarah Clarke

3PB barristers Craig Ludlow and Sarah Clarke analyse the latest employment law cases, covering March, April and May 2019. Click here to read their analysis. Time limits and the correct approach to the reasonable practicability of lodging ET claims when the previous fees regime was in place -  Mr G Wray v Jewish Care (UKEAT/0193/18/JOJ) s.26 Harassment: The correct approach -  Mr F Ahmed v The Cardinal Hume Academies (UKEAT/0196/18/RN) Criminal & Employer Investigations, Interim...

The Personal Injury team has published its latest update including the latest on the Commons amendments regarding the Civil Liability Bill as considered by the House of Lords in November 2018. Read the full update here

3PB Employment barrister Sarah Clarke analyses the latest employment law cases, covering: An employee can still rely on the victimisation legislation even where the allegations were untrue AND there was an ulterior motive for making the allegations, according to the EAT’s decision in Saad v Southampton University Hospitals NHS Trust UKEAT/0276/17/JOJ Can a lengthy notice period constitute affirmation of the employment contract? Yes, say the High Court in Brown & another v Neon Management &...

3PB Employment barrister Sarah Clarke analyses the latest employment law cases, covering: What constitutes ‘information’ in the context of making a protected disclosure? Kilraine v London Borough of Wandsworth [2018] EWCA Civ 1436 When determining the amount of one’s holiday pay, should regular voluntary overtime be included? In the context of the NHS, should non-guaranteed and voluntary overtime be included? Yes to both, says the EAT: Flowers v East of England Ambulance Trust UKEAT/0235/17/JOJ Can...

Sarah Clarke succeeds in 3-day High Court trial in a claim for lost profits and loss of a chance. Sarah acted for a financial advisory firm who had brought claims against a former employee who had moved to a competitor. It was held that the Defendant had breached various terms of his employment contract, including a non-solicit clause, and that this had caused the Claimant to lose the chance of securing business from various prospective...

Following the Welsh Rugby Union's scrapping of the so called ‘Gatland’s Law’ with the result that a number of star players possibly missing out on future international fixtures, including the 2019 Rugby World Cup, 3PB employment barrister Sarah Clarke and Royds Withy King commercial partner Chris Kane examine if the Welsh Rugby Union new selection policy amounts to indirect age discrimination. To read their analysis, please click here.

3PB Employment barristers Sarah Clarke and Simon Tibbitts analyse the latest employment law cases, covering: Guidance of whose motivation will be taken into account in determining the “Employer’s” reason for dismissal: Royal Mail Limited v Kamaljeet Jhuti [2017] EWCA Civ 1632 EAT find that relying on previous instances of misconduct, for which no sanction had been applied, does not render a dismissal unfair: NHS 24 v Pillar UKEATS/0005/16/JW Subjecting men and women to the same...

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...

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.

3PB Barristers' Commercial law group brings you the Spring Edition of its Business & Commercial Legal Update Handout. Please click here to view it. Topics Incomplete contracts and implied terms: Wells v. Devani [2016] EWCA Civ 1106 Directions that override limitation provisions, when restoring a company to the register: Davy v Pickering [2017] EWCA Civ 30 Contract: remedies and loss of chance: Scottish Power v BP and McGill v SEM Civil Procedure: costs and security for costs: a.      departing from...