Employment and discrimination News

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...

Karen Moss has successfully appealed a judgment which wrongly excluded all pre-termination negotiations pursuant to s.111A ERA 1996, when such negotiations were admissible for the purposes of determining whether there was a termination at all - Basra v BJSS Ltd UKEAT/0090/2017.

3PB Employment barristers Oliver Isaacs and Katherine Anderson analyse the latest employment law cases, covering: Holiday Pay - The Sash Window Workshop v King The Burden of Proof - Ajayi Ayodele v Citylink Ltd & Napier (2017) EWCA Civ 1913 Marriage or Marriage Difficulties - Gould v Trustees of St John's Downshire Hill [2017] UKEAT 0115_17_0510 Uber BV and ors v Aslam and ors (2017) IRLR 4 Weekly Rest Breaks 0 Mr Maio Marques da Rosa v...

On 12 December, 3PB head of employment James Dawson, and barristers Sarah Bowen and Gareth Graham delivered a mock Employment Tribunal to ACAS South West attendees. To discuss employment training sessions, contact Chambers Director Russell Porter at [email protected].

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...

Following Karen Moss’s successful appearance before the Court of Appeal earlier this year, the employment tribunal in K v CGDM Ltd has just given a judgment for the Respondent for costs in respect of the original hearing. The Respondent was awarded the maximum costs order within the jurisdiction of the employment tribunal - £20,000 - as a result of the Claimant’s unreasonable conduct during the proceedings

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...

Karen Moss’s latest article, “Post-Pnaiser protection”, an update on discrimination arising from disability after Pnaiser v NHS England and another, has been published by the New Law Journal. To read Karen, article, click here.

3PB Employment barrister Oliver Isaacs analyses the latest employment law cases, covering: 1. Early Conciliation – De Mota v ADR Network UKEAT/0305/16/DA 2. Practice and Procedure - Jhuti v Royal Mail UKEAT/0061/17/RN 3. Burden of Proof - Efobi v Royal Mail Group Ltd 4. Causation and Apportionment – BAE Systems (Operations) Ltd v Konczak (2017) EWCA Civ 1188 5. Permanent Health Insurance - ICTS (UK) Ltd v Visram (2017) All ER D 229 6. Whistleblowing...

Simon Tibbitts has secured awards of costs for his respondent clients in two recent cases before the Employment Tribunal both on the basis that the original claims presented were unreasonable / misconceived. The first, which was heard in London Central Employment Tribunal at the end of August 2017 resulted in a cost award of £2,000. The second, an unconnected matter, resulted in a costs award being made of just over £16,000 following a week long...

In her latest article, 3PB Employment barrister Sarah Bowen examines the ECHR’s final decision in Burbalescu v Romania and its impact on private and public employers who chose to monitor staff communications. Sarah provides a useful summary of the principles relevant to this complex area of law and its impact on convention rights.