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Andrew Short KC, Paul Livingston & Victoria Brown successful in equal value stage of Asda’s equal pay claim

Andrew Short KC, Paul Livingston & Victoria Brown successful in equal value stage of Asda’s equal pay claim

The Employment Tribunal handed down judgment on Friday 31st January 2025 in the landmark equal pay claim for Asda workers. Andrew Short KC, Paul Livingston and Victoria Brown, instructed by Leigh Day, acted for the Claimants. The ET found in favour of 12 female lead claimants, represented by Andrew, Paul and Victoria, determining that they have established equal value with at least one of the male comparators. Asda’s female workers launched their claim in 2014 against their employer based on the fact that the predominantly female retail workforce is paid less than the predominantly male depot workforce per hour. The recent decision means tens of thousands of Asda shop floor workers have now established their work was of equal value…

News 6 Feb, 2025

Andrew Short KC and Gus Baker successful in Next PLC equal pay group claim

Andrew Short KC and Gus Baker successful in landmark equal pay group claim against Next

The Employment Tribunal has handed down judgment in Thandi and Others v Next PLC. Andrew Short KC and Gus Baker represented the successful claimants. Following a three-week hearing in May 2024, the Employment Tribunal rejected the Respondents’ argument that paying comparators who worked in majority male warehouses a better hourly rate and better allowances than individuals who worked in retail (who are overwhelmingly female) due to market forces was a proportionate means of meeting a legitimate aim. The judgment means that the equal terms clauses implied into retail workers contracts are effective. Accordingly, thousands of individuals will be entitled to recover arrears of pay from 2012 to date. The claim is the first of a number retail equal pay cases…

News 27 Aug, 2024

Virgin Media v NTL Pension Trustees II & Ors - Judgment delivered by the Court of Appeal

Virgin Media v NTL Pension Trustees II & Ors – Judgment delivered by the Court of Appeal

The Court of Appeal have today handed down the much-anticipated judgment in the matter of Virgin Media v NTL Pension Trustees II and others. The case concerned one of the biggest, industry-wide questions concerning the pensions industry over the last decade; namely whether section 37 of the Pension Schemes Act 1993, in conjunction with Regulation 42 of the Contracting-Out Regulations 1996, invalidated amendments made without an actuary’s confirmation in writing. The case was identified as one of the ‘Top 10 Appeals of 2024’ by The Lawyer. Nicolas Stallworthy KC and Philip Stear appeared for the appellant, Virgin Media, instructed by Gowling WLG LLP whilst Andrew Short KC and Patrick Tomison appeared for the Representative Beneficiary respondent, John Jardine and were instructed by Squire Patton Boggs. Find…

News 25 Jul, 2024

We are proud to announce that Outer Temple Chambers has been shortlisted across 15 areas, including ‘Set of the Year’ for Clinical Negligence, Employment, Personal Injury, Sport, and Technology Data & Crypto at The Legal 500 Bar Awards.

Outer Temple Chambers shortlisted across 16 areas at The Legal 500 Bar Awards

We are proud to announce that Outer Temple Chambers has been shortlisted across 16 areas, including ‘Set of the Year’ for Clinical Negligence, Employment, Personal Injury, Sport, and Technology Data & Crypto at The Legal 500 Bar Awards. The Bar Awards, presented by The Legal 500, celebrates the finest barristers, chambers, and legal expertise, bringing together some of the brightest minds in the industry. The awards evening will take place on Wednesday 25th September 2024, at Park Plaza Westminster Bridge London. Set Awards We are delighted to share that we have been shortlisted for the following Set Awards: Clinical Negligence Set of the Year – Outer Temple Chambers Employment Set of the Year – Outer Temple Chambers Personal Injury Set of the…

News 9 Jul, 2024

We are delighted to share that four of our pensions law specialists, Nicolas Stallworthy KC, Andrew Short KC, Philip Stear, and Patrick Tomison, feature in The Lawyer's Top 10 Appeals of 2024.

Outer Temple Chambers features in The Lawyers Top 10 Appeals of 2024

We are delighted to share that four of our pensions law specialists, Nicolas Stallworthy KC, Andrew Short KC, Philip Stear, and Patrick Tomison, feature in The Lawyer’s Top 10 Appeals of 2024. At the beginning of each year, The Lawyer releases the ‘Top 10 Appeals of 2024’ highlighting the most influential and intriguing, high-profile cases that are set to return to the courtroom over the next 12 months. The cases listed reflect some of the key issues facing the legal industry and world today. Four of our members are instructed on the case of Virgin Media v NTL Pension Trustees II and others, which has been highlighted by The Lawyer as one of the ‘Top 10 Appeals of 2024’. Nicolas…

News 12 Feb, 2024

Andrew Short KC to speak at Michael Rubenstein Conferences' event: Discrimination Law in 2024

Andrew Short KC to speak at Michael Rubenstein Conferences’ event: Discrimination Law in 2024

Employment Law expert, Andrew Short KC will be speaking at the Discrimination Law in 2024 Conference on Friday, 23rd February 2024. Michael Rubenstein Conferences Ltd is a small independent conference company which organises several high-level conferences a year on aspects of employment and discrimination law. Discrimination Law in 2024, presented by Michael Rubenstein Conferences Ltd and The Trade Union Congress will highlight the authoritative review of the most dynamic area of employment law. The conference will take place from 09:15 to 16:30. Andrew Short KC will be speaking on the topic of ‘Equal Pay: Latest Developments’ at 09:45. Book your place This conference will be virtual. To view the full agenda and book your place, click here. Find out more…

News 6 Feb, 2024

Andrew Short KC swims the Channel for Aspire

Andrew Short KC successfully swims the Channel to raise funds for Aspire

Outer Temple Chambers cheered on Andrew Short KC as he swam the English Channel on Thursday, 10th August 2023 to raise £15,000 for Aspire. Update We’re extremely proud to announce that Andrew has successfully completed his swim across the English Channel, in an impressive 15 hours, 49 minutes. All of Andrew’s friends and colleagues at OTC, would like to congratulate Andrew on this incredible achievement. A big thank you to those that supported Andrew. For those that wish to do so, please donate via the link below. About the swim Being a swimming enthusiast and having taken part in a couple of relay Channel swims with Team Wallabies in 2020 and Team Rhinos in 2022, Andrew Short KC this year…

Events, News 11 Aug, 2023

The Court of Appeal has published its judgment in (1) Lawrence Ewan McGaughey (2) Neil Martin Davies (Claimants/Appellants) -v- Universities Superannuation Scheme Ltd (First Defendant/First Respondent), the landmark company multiple derivative case which raised the question of directors’ duties in relation to divestment in fossil fuels for the first time.

Milestone Court of Appeal judgment published in McGaughey & Davies v USSL

The Court of Appeal has published its judgment in (1) Lawrence Ewan McGaughey (2) Neil Martin Davies (Claimants/Appellants) -v- Universities Superannuation Scheme Ltd (First Defendant/First Respondent), the landmark company multiple derivative case which raised the question of directors’ duties in relation to divestment in fossil fuels for the first time. In a significant judgment (found here) handed down on Friday 21 July 2023 Asplin LJ, with whom the Rt Hon. Sir Julian Flaux, Chancellor of the High Court, and Snowden LJ agreed, dismissed the appeal on all grounds. Two members of a pension scheme had sought permission to bring a claim against the current and former directors of one of the UK’s largest pension schemes by assets in the form…

News 25 Jul, 2023

Andrew Short KC, David E Grant KC, Philip Stear and Helen Pugh in Court of Appeal for (1) Dr Ewan McGaughey (2) Dr Neil Davies -v- Universities Superannuation Scheme Ltd

Andrew Short KC, David E Grant KC, Philip Stear and Helen Pugh in pensions and company Court of Appeal case; McGaughey & Anor -v- USS Ltd

Andrew Short KC, David E Grant KC, Philip Stear and Helen Pugh were in Court of Appeal this week for the long running pensions and company law dispute (1) Dr Ewan McGaughey (2) Dr Neil Davies -v- Universities Superannuation Scheme Ltd. David E Grant and Philip Stear acted on behalf of the Appellants, instructed by Leigh Day, in the Court of Appeal in (1) Dr Ewan McGaughey (2) Dr Neil Davies -v- Universities Superannuation Scheme Ltd. Andrew Short KC and Helen Pugh acted on behalf of the Respondent, instructed by CMS Cameron McKenna Nabarro Olswang LLP. The claim brought by members of a pension scheme is as a common law derivative action. This ground-breaking case has raised novel issues with…

News 15 Jun, 2023

Event: Pensions Law Conference, Manchester. Thursday 8th June 2023

Event: Pensions Law Conference, Manchester. Thursday 8th June 2023

Join Outer Temple Chambers at the Edwardian Radisson Hotel, Manchester for an afternoon of pensions law talks at the next stop of this conference series around the country. You are invited to join Outer Temple Chambers in Manchester for the next stop of our Pensions Law Conference 2023 series. Topics will include: an actuary’s role in Section 67 certification, age discrimination and the EU Withdrawal Act 2018, the presumption of regularity, and notable non-pensions cases for pensions lawyers. The event will be rounded off with a panel discussion comprised of Outer Temple’s silks. Agenda 1.30pm – Registration (tea and coffee on arrival)2pm – Consultation with the scheme actuary and Section 67 Certification. Where has Mitchells & Butler left Us?2.30pm –…

Events 18 May, 2023

Andrew Short KC shortlisted for ‘Barrister of the Year’ at The Lawyer Awards 2023

We are delighted to announce that Andrew Short KC has been shortlisted for ‘Barrister of the Year’ at The Lawyer Awards 2023. The Lawyer Awards have been the ultimate stage for legal mastery in the UK, honouring top-notch lawyers and powerhouse firms across diverse areas.​ Andrew Short KC’s practice centres on pensions, employment, and general commercial work. He has acted in many of the leading employment cases relating to discrimination in pay and pensions, including Abdulla v Birmingham City Council, Brierley v Asda, McCloud v Lord Chancellor, and Sargeant v LFEPA. His recent notable pensions cases have included the landmark case of Lloyds Banking Group Pension Trustees Ltd v Lloyds Bank [2030] EWHC 3135 (Ch), Britvic PLC v Britvic Pensions Ltd & Mohun [2021] EWCA Civ 867  and…

News 5 May, 2023

Andrew Short KC and Saul Margo successful in Sainsbury's Supermarkets Ltd v Clark

Andrew Short KC and Saul Margo successful in Sainsbury’s Supermarkets Ltd v Clark

The Court of Appeal has handed down judgment in Sainsbury’s Supermarkets Ltd v Clark and Others in which the successful claimants were represented by Andrew Short KC and Saul Margo. In this long-running equal pay claim against Sainsbury’s Supermarket, a number of the claimants brought their claims on a claim form that only contained one EC number relating to one of the claimants on the form. The claims were rejected on that basis, but the claimants successfully appealed to the EAT where it was held that it is sufficient if one EC number is given on the claim form for any claimant who brings a claim on the same form. Sainsbury’s appealed against the order of the EAT. Court of Appeal In…

News 6 Apr, 2023

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