Employment and discrimination News

3PB is thrilled to have been shortlisted by the Legal 500 directory in the following categories: Regional Bar: Set of the Year and Regional Bar: Silk of the Year – Vanessa Meachin QC The nomination for Regional Set of the Year is further acknowledgment of the talent, hard work and investment by 3PB's members and staff this year across all of our specialisms and 6 office locations in the UK. The set was previously shortlisted in...

Richard Owen-Thomas edits 3PB's latest Employment & Discrimination newsletter, including contributions from Sarah Bowen, Katherine Anderson, Grace Nicholls and Naomi Webber. Case summaries cover: Bessong v Pennine Care NHS Foundation Trust UKEAT/0247/18/JOJ - Third party harassment Mustard v Flowers & Ors [2019] EWHC 2623 (QB) - Covert recording in a PI claim: ramifications for Employment Tribunals? Ugradar v Lancashire Care NHS Foundation Trust UKEAT/0301/18 - Contractual redundancy pay and the statutory cap Gray v Mulberry...

In the EAT case of Humankind Charity (formerly Blenheim CDP) v Gittens (judgment not yet available), Mark Green (instructed by Ellis Whittam) successfully represented the Appellant. Ms Gittens was dismissed for misconduct, following an allegation of dishonesty. The Employment Tribunal found that the Respondent had fairly dismissed her but went on to find that she had been wrongfully dismissed, as she had no duty to disclose her own misconduct and therefore had not fundamentally breached...

Supreme Court: A Judge, even though not a worker, can rely on whistleblowing protection in a boost for the application of EU rights to domestic law Joseph England of 3PB Barristers analyses the Supreme Court's decision - Read the full article here. Gilham v Ministry of Justice [2019] UKSC 44 The Supreme Court handed down its judgment in Gilham on 16 October 2019. The SC considered whether a Judge could rely on whistleblowing protection, holding...

Lachlan Wilson and Mathew Gullick edit 3PB's latest Employment & Discrimination newsletter, including contributions from Sarah Clarke. Case summaries cover: L v Q Ltd, [2019] EWCA Civ 1417 - The Court of Appeal affirms the importance of the principle of open justice in the context of Employment Tribunals, doubts whether there would ever be grounds (in a case not involving national security) for withholding publication of an ET judgment altogether, and refuses a disabled litigant’s...

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...

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.

3PB Employment Barrister, Dan Brown, has in the last few days taken part in a pilot being run by London Central Employment Tribunal. The pilot is for ‘paperless’ proceedings. Dan's hearing was a five day final hearing involving nine witnesses and concerning claims of race and disability discrimination. Dan was only informed that the hearing would be paperless on the first day of the hearing itself and so if you have a hearing in London...

Music teacher Lesley Brazel, supported by the Incorporated Society of Musicians (ISM) and ARAG who provide legal expenses insurance to the ISM’s members, turned to Nottinghamshire law firm Hopkins Solicitors LLP and counsel Charlotte Hadfield, Lachlan Wilson, and Mathew Gullick from 3PB, to bring her holiday pay claim to court. Mrs Brazel, who was employed on a zero-hours contract, which was expressed to be permanent but under which she was only required to work during...

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 .

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...