Discrimination News

  Welcome to September's employment law newsletter As we settle back into work after the summer break, our news section looks at - a new consultation by the ICO on employers’ use of personal data; - whether people working from home should take a pay cut; - a checklist of what employers should do to make a success of hybrid work; - the pros and cons of workation policies; - Scotland's forthcoming 4-day week trial and finally; - when the...

Joseph England takes a closer look at s.109(4) EA 2010 as a statutory defence for discrimination

10th February 2021

3PB’s specialist employment law barrister Joseph England (pictured here) has reviewed the case of Allay (UK) Limited v Gehlen in which the employer used s.109(4) Equality Act 2010 as a statutory defence. s.109(4) EA 2010 provides a defence for an employer when discrimination has been found if they took “all reasonable steps” to prevent that or similar discrimination. The case is especially prominent because s.109(4) EA 2010 is rarely used and Gehlen provides important guidance...

Employment law case update out now

26th January 2021

This month's round up of all the latest employment case law is now available in both podcast and video form! Karen Moss and Grace Nicholls take you through their analyses of two of the most significant cases decided in December 2020. Karen talks about Quilter Private Client Advisers v Falconer and Continuum (Financial Services) LLP; whilst Grace takes us through Steer v Stormsure Ltd in the Employment Appeal Tribunal. Quilter and Falconer is a case...

Podcast out now for PI and employment law webinar

21st December 2020

3PB employment barristers Sarah Clarke and Grace Nicholls provide an overview of personal injury claims arising out of discrimination. This podcast includes: • the legal test applicable • interaction with other forms of non-pecuniary loss • practical considerations/valuation; and • the Employment Tribunal v the County Court?

Daniel Brown edits the Employment and Discrimination team's October newsletter

6th October 2020

Daniel Brown has edited 3PB's October Employment and Discrimination newsletter, including contributions from Matthew Curtis, Sarah Clarke, Simon Tibbitts, Stephen Wyeth, Karen Moss, Grace Boorer, Lachlan Wilson, Grace Nicholls, Andrew MacPhail and Charlotte Hadfield. The newsletter brings you 3PB news, recordings as well as our case and legal analysis. You are also invited to register to attend our 8 October webinar on injunctions, restrictive covenants and team moves. Click here to view the newsletter. News...

3PB Barristers specialist employment and discrimination barristers Lachlan Wilson and Daniel Brown have just delivered the webinar, “Preparing for redundancies” to over 200 employment lawyers. Recent figures showed 300,000 redundancies in the UK simply during June and July 2020. Next month -October – sees the Coronavirus Job Retention Scheme (CJRS)  goes down to 60% of wages with employers contributing 20% and finishes at the end of the month.  Many companies face continued drop off in...

Employment barristers Karen Moss and Grace Boorer presented today's employment law webinar on disability discrimination. You can view the webinar below. Karen gave an updated overview of liability under Section 15 Equality Act 2010 including the most recent authorities. She focused on how tribunals approach a claim of discrimination arising from disability encompassing: Requisite knowledge under s.15 cf. failure to make reasonable adjustments, considering Baldeh v Churches Housing Association of Dudley and District and Tesco...

3PB Barristers have created a dedicated webpage on its website to act as a hub for the many articles, briefings and webinar and podcast recordings about lockdown laws and regulations as well as practical issues like court attendance, e-bundles, remote and hybrid hearings. The Coronavirus (COVID-19) pandemic continues to create employment, contractual and other legal challenges which are in many ways unprecedented. The impact of the virus is being felt, and in response, 3PB have...

3PB’s employment and discrimination barrister Simon Tibbitts was instructed by law firm Clarks Legal LLP to represent the claimant, a hugely successful IT sales executive, before the London Central employment tribunal in a final hearing lasting over 6 days in December 2019. The claimant, Nadine Lee, brought several claims against her ex-employer Splunk Services UK, which is part of a US multinational technology company based in San Francisco. Splunk were represented by Jane Mulcahy QC...

3PB barristers Naomi Webber and Katherine Anderson​ bring you another chance to see this webinar - first broadcast on 9 July 2020 - in which Katherine and Naomi discuss Religion and Belief in the Workplace, the issues arising and the implications of relevant case law.  

Two former paratroopers brought claims of victimisation, direct race discrimination and harassment against the MOD. 3PB’s employment barrister Simon Tibbitts represented the MOD throughout. The victimisation claims were all struck out at a preliminary hearing in April 2019 with the direct race discrimination and racial harassment claims proceeding to be heard over 10 days in Central London ET in July 2019. The trial (final hearing) attracted widespread media attention and the Judgment, which has recently...

Music teacher Lesley Brazel, supported by the Incorporated Society of Musicians (ISM) and their legal expenses insurers ARAG, turned to Nottinghamshire law firm Hopkins Solicitors LLP and counsel Lachlan Wilson and Mathew Gullick from 3PB to bring her holiday pay claim discrimination case to court. For more details click here .