Employment and discrimination News

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...

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 &...

Due to a substantial opportunity to work with an existing major client on an exciting new stream of work, 3PB's well-established Employment & Discrimination Group are urgently recruiting junior barristers looking to specialise in the employment field. New tenants or 3rd six pupils are encouraged to apply if you are looking to specialise in this important area of legal expertise. The national footprint of 3PB makes this a marvellous opportunity to join a thriving and...

3PB Barristers employment & discrimination law specialist Matthew Curtis has just appeared in two disability discrimination cases at the EAT this last fortnight. Appearing before HHJ Eady Q.C. on both occasions, Matthew first represented a Respondent appealing on procedural irregularity and perversity grounds, then represented a Claimant on a pro bono basis under the ELAAS scheme. Matthew is a highly-ranked employment barrister, regularly appearing in Employment tribunals on multi-day cases across the UK, and is...

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...

In our latest update, Katherine Anderson analyses: In what circumstances can damages for breach of contract be assessed by reference to the sum that the claimant could hypothetically have negotiated in return for releasing the defendant from the obligation it failed to perform? Morris-Garner and another v One Step (Support) [2018] UKSC 20 (18 April 2018) If an employee is dismissed on written notice posted to his home address, when does the notice period begin...

3PB barrister Sarah Bowen analyses the latest employment law cases, covering the following topics at our Oxford Employment Breakfast Seminar. Click here to read the full update. 6 year time limit for recovery of compensation does not apply to Unauthorised Deductions from Wages Claims: AM Coletta v Bath Hill Court (Bournemouth) Property Management Ltd [2018] UKEAT/0200/17/RN (29 March 2018) Failure to pay enhanced shared parental pay to a male employee was not sex discrimination: Capita Customer Management Limited v (1) Ali...

3PB barristers Sarah Bowen and Craig Ludlow analyse the latest employment law cases, covering the following topics. Click here to read their update 6 year time limit for recovery of compensation does not apply to Unauthorised Deductions from Wages Claims: AM Coletta v Bath Hill Court (Bournemouth) Property Management Ltd [2018] UKEAT/0200/17/RN (29 March 2018) Failure to pay enhanced shared parental pay to a male employee was not sex discrimination: Capita Customer Management Limited v (1) Ali (2) Working Families...

Chambers is delighted to announce Simon Tibbitts' promotion to the Attorney General’s Regional Panel B of Counsel to the Crown for a period of five and a half years commencing on 3 April 2018. Chambers has seven members on the Attorney-General’s civil panels; they are: London A Panel: Mathew Gullick London B Panel: William Hansen, Rupert Jones, Richard Wheeler, Caroline Stone London C Panel: Mark Green Regional Panel B: Simon Tibbitts

3PB Employment barrister Simon Tibbitts analyses the latest employment law cases, covering: Can you rely on OH Advice as to whether someone is disabled or not? - Donelien v Liberata UK Limited EWCA Civ 129 Agency Worker Regulations – A ‘term-by-term’ comparison is required – Kocur v Angard Staffing Solutions Limited & Royal Mail Group Limited UKEAT/0181/17 Windfalls for Part-Time Workers? - Brazel v Harpur Trust UKEAT/0101/17 Pre-Cancerous Conditions – Do they amount to a disability?...

3PB barrister Sarah Bowen analyses the latest employment law cases, covering: Age discrimination/Objective justification – Sargeant and Others v London Fire and Emergency Planning Authority and Others UKEAT/0116/17/LA and The Lord Chancellor and Anor v McCloud and Ors [2018] UKEAT/0071/17/2901 Sex Discrimination – HM Chief Inspector of Education, Children’s Services and Skills v Interim Executive Board of Al-Hijrah School [2017] EWCA Civ 1426 Discrimination – Time limits – Hale v Brighton and Sussex University Hospitals...