Employment and discrimination News

Welcome to May's newsletter This month’s employment law newsletter features case law updates from Sarah Clarke, Naomi Webber, Andrew MacPhail and Grace Boorer covering: the correct test to apply in re-engagement orders; the workers status of foster carers under article 11 ECHR; what to do when faced with unclear and confused pleadings from a litigant in person and the ‘long-term’ adverse effect on disability status. We share a link to our new resource page for...

New resource for employment lawyers now available

30th April 2021

3PB's Employment and Discrimination group bring you a new resource for employment lawyers designed to bring a host of useful news, case analyses, videos and podcasts together in one place. Do visit the employment law resource centre here and look out for regular updates.

New employment webinar - adapting to post pandemic trading conditions

23rd April 2021

Times are looking up with the prospect of businesses reopening and the restrictions of the pandemic being lifted. While it will be ‘business as usual’ for many, what happens when trade doesn’t get back to pre-pandemic levels? Gareth Graham and Matthew Curtis examine the options in this employment law webinar first broadcast on 21 April 2021 and look at the potential pitfalls for businesses looking to make redundancies or organisational changes due to pressures caused...

Welcome to April's newsletter In this edition we welcome Mathew Gullick QC's appointment as Silk and our new tenant Alex Leonhardt. We also introduce you to our new on-line employment law resources. Our team has reviewed the judgments in the following cases: Royal Mencap Society v Tomlinson-Blake & Others [2021] UKCS 8; Asda Stores Ltd v Brierley; Rodgers v Leeds Laser Cutting Ltd; Mallon v AECOM Ltd; Page v Lord Chancellor and ors; Smith v Pimlico Plumbers Ltd UKEAT/0211/19/DA and...

Equal pay claim of Asda v Brierley: is it time for large employers to undertake a widespread review of their pay structures?

29th March 2021

Supreme Court Judgment on the Equal Pay claim of Asda Stores Ltd v Brierley – Is it a ‘watershed moment’ as some commentators have suggested or purely a clarification of existing principles? Simon Tibbitts, employment law specialist at 3PB Barristers provides his analysis and commentary on the Judgment of the Supreme Court which was handed down last Friday, 26th March 2021. The case provides clarity on the approach and principles to be adopted when dealing...

Lucy Hendry QC and Mathew Gullick QC enjoy first day as newly-appointed Silks

15th March 2021

3PB Barristers' two new Silks - family barrister Lucy Hendry QC and public and employment law barrister Mathew Gullick QC - started their first day as Queen's Counsel today, after their appointments were announced last December. Lucy Hendry QC was called to the Bar in 1988 and is a family barrister who specialises in all areas of public and private children’s law. Mathew Gullick was called to the Bar in 2003. A specialist in public...

Welcome to March's newsletter In our latest edition we bring you employment law news on unwarranted media criticism of the ET system and revocation of the Public Sector Exit Payment Cap together with our latest webinar. Our team has analysed key employment law cases in written form, including the Uber case. Finally, we invite you to register for our employment law webinar of 21 April. Sign up for employment news Media criticism of the ET system receives...

Public Sector Exit Payment Cap Revoked

25th February 2021

On 12 February 2021 the Government announced that the Public Sector Exit Payments Regulations 2020 are to be revoked.  The Regulations imposed a £95,000 cap on public sector exit payments and had been introduced just a few months earlier in November 2020 before now being abandoned. The Regulations had faced widespread criticism when introduced and their revocation is seen as a belated acceptance of the problems initially highlighted by the employment law community. A Treasury...

Media criticism of the Employment Tribunal system receives backlash from employment law community

25th February 2021

The start of the month was greeted by an article from The Times entitled “Tribunal system chaos: No experience necessary to be a judge in hearings free-for-all”. This provocative title aptly summarises the wide-ranging criticism made within of the Employment Tribunal system, extending to attacks on Judges as being insufficient qualified and experienced. There followed a similar article on 18 February from the politically aligned Daily Mail entitled “'You can't sack me - I'll sue':...

Craig Ludlow analyses the Supreme Court’s judgment in Uber and examines its likely potential scope and impact on the issue of employment status in the future

25th February 2021

Craig Ludlow, who heads 3PB’s Employment & Discrimination Law Group, analyses the Supreme Court’s judgment in Uber and examines its likely potential scope and impact on the issue of employment status in the future. To read his full briefing on the Uber employment status case, click here. View Craig Ludlow's profile here. The article will feature in this month's newsletter produced by 3PB's Employment and Discrimination Group. If you would like to discuss this article...

February employment case law update now available

11th February 2021

In case you missed it in this month's newsletter; 3PB barristers Mark Green and Sarah Bowen bring you the latest in employment law in this month's recorded briefing covering: · University College London v Mr T Brown UKEAT/0084/19/VP · Sarnoff v YZ [2021] EWCA Civ 26 · Santander UK plc and ors v Bharaj EAT 0075/20 · Crew Employment Services Camelot v Mr W Gould [2021] UKEAT/0330/19/VP · Weber v Universal Ogden Services 2002 ·...

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...