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Andrew Short KC

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Event: Pensions Law Conference, Bristol. Thursday 18th May 2023

Join Outer Temple Chambers at the Marriott Delta Hotel, Bristol for an afternoon of pensions law talks at the first stop of this conference series around the country. You are invited to join Outer Temple Chambers in Bristol for the first 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. Wherehas Mitchells & Butler left Us?Lydia Seymour &…

Events 4 Apr, 2023

The Lawyer Top 10 Appeals

Outer Temple barristers included in The Lawyer’s ‘Top 10 Appeals of 2023’

The Lawyer has revealed its ‘Top 10 Appeals of 2023’ and we are delighted that four Outer Temple members have been included for their involvement in McGaugey & Anr v Universities Superannuation Scheme Limited & Ors. There are plenty of lawsuits heading to the Court of Appeal and Supreme Court this year and The Lawyer has picked its Top 10 to watch. Barclays Bank, Central Bank of Venezuela, Deliveroo, Arron Banks and United Utilities Water are just some notable examples, alongside the long running and hard fought battle between McGaugey & Anr v Universities Superannuation Scheme Limited & Ors. This rematch between two university academics and the directors of the UK’s largest private pension scheme heads to the Court of…

News 16 Feb, 2023

Outer Temple barristers in EUWA 2018 pensions case

Andrew Short KC and Bianca Venkata, acting for the claimants, and Naomi Ling, acting for the Trustee, have appeared in an important case relating to age discrimination in pension schemes. Mrs Justice Eady, President, sitting in the EAT, found that claimants bringing claims of age discrimination against a private sector body after IP Completion date (31 December 2020) could not rely on general principles of EU law to disapply a provision [in the Equality Act (Age Exemptions for Pension Schemes) Regulations 2010] excluding all claims for age discrimination relating to pensionable service before 1 December 2006. The Employment Tribunal had disapplied this provision relying on the case of Innospec v Walker [2017] UKSC 47.  The decision of the Employment Tribunal…

News 1 Nov, 2022

Andrew Short KC and Helen Pugh published in New Law Journal (LexisNexis)

Outer Temple’s Andrew Short KC and Helen Pugh have been published in the New Law Journal (LexisNexis). Their article is entitled ‘No green light (yet) for climate actions’. Andrew Short KC and Helen Pugh have written an article called ‘No green light (yet) for climate actions’ which has been published in the New Law Journal (Lexis Nexis). Within the article, they discuss the high hurdles still faced by claimants when bringing climate-related derivative actions. Please click here to read the full article. Find out more Andrew Short KC’s practice centres on pensions, employment, and general commercial work. He is able to bring years of experience as a trial lawyer in hostile and contentious claims to bear whenever necessary. He has been recommended for Pensions…

External Publications 5 Oct, 2022

Andrew Short QC and Peter Linstead win status appeal involving apps for London taxis

Representing the Respondent operators of the Mytaxi app (now called Free Now), Andrew Short QC and Peter Linstead have successfully opposed the Claimant’s appeal to the EAT of a decision that a London Hackney carriage driver using the taxi app was not a ‘worker’ when using the app to source and transport passengers. Introduction In a decision handed down on 18 January 2022 in Christopher Johnson v Transopco UK Ltd [2022] EAT 6, the EAT upheld the decision of the employment tribunal, where Peter Linstead appeared unled for Transopco, that although the driver had an obligation of personal service, the operator was a ‘client or customer’ of the driver’s business for the purposes of s.230(3) of the Employment Rights Act…

News 24 Jan, 2022

Chambers_UKBar_Awards_2021_Winner_Andrew_Short_QC

Andrew Short QC wins Employment Silk of the Year at Chambers Bar Awards 2021

We are delighted to announce that Andrew Short QC has been awarded Employment Silk of The Year at the Chambers Bar Awards 2021. The 2021 Chambers Bar Awards were back in person this year and the legal fraternity were out in force to celebrate the best in the business. The evening was held at Old Billingsgate on 18th November and some of the Outer Temple team went along to catch up with colleagues and cheer for Andrew as the shortlist for  the ‘Employment Silk of the Year’ category was announced on stage. To everyone’s delight, Andrew was announced as the winner and he can now add his ‘Employment Silk of the Year’ plaque to his trophy wall. Chambers & Partners…

News 19 Nov, 2021

Andrew Short QC and Andrew Allen QC speaking at ’22 QCs on the Hot Employment Law Issues 2021 – 22′

Andrew Short QC and Andrew Allen QC will be speaking at Michael Rubenstein’s ’22 QCs on the Hot Employment Law Issues 2021 – 22′ on 30 September & 1 October 2021. Andrew Short QC and Andrew Allen QC will be Michael Rubenstein and 17 of Britain’s other top employment law and discrimination silks over the annual 2-day seminar. Andrew Allen QC will be presenting on fair and unfair dismissal on Thursday 30 September 2021 at 2:15pm. Andrew Short QC will be presenting the latest cases in disability discrimination on Friday 1 October 2021 at 1:45pm. Registration You can register for the event here. Find out more Andrew Short QC is a leading employment law silk, ranked in the directories and…

News 2 Sep, 2021

Andrew Short QC shortlisted for ‘Employment Silk of the Year’ at the Chambers & Partners UK Bar Awards 2021

We are delighted to announce that Andrew Short QC has been shortlisted for ‘Employment Silk of the Year’ at the Chambers & Partners UK Bar Awards 2021. Andrew Short QC continues to act in the biggest multi party cases. He is at the forefront of equal pay claims in the private sector (ASDA; Sainsbury’s; Next). His multi party and pensions knowledge has resulted in instructions on behalf of hundreds of judges and thousands of firefighters in successful discrimination challenges to public sector pension reform (McCloud; Sargeant). Andrew’s expertise and experience in pensions crossover employment claims and in equal pay litigation is unrivalled and his work is different from individual claims by employees against employers. Andrew’s cases are complex in terms…

News 27 Aug, 2021

Success for beneficiaries of the Axminster pension scheme represented by Andrew Short QC and Stephen Butler at the High Court

The High Court gives important judgment in Punter Southall Governance Services Ltd v Hazlett [2021] EWHC 1652 (Ch) in favour of beneficiaries of the Axminster pension scheme represented by Andrew Short QC and Stephen Butler (instructed by Osborne Clarke LLP). This is a key judgment on limitation and interest in trust and pension claims.  Morgan J held: that there is no applicable limitation period in a claim by a beneficiary against trustees for an account of arrears where the trustee is still in possession of trust property; and that the court has the power to award interest on payments of equitable compensation for breach of trust where a breach of trust claim is brought following underpayment of pension.  The court also gave important guidance on the…

News 18 Jun, 2021

Outer Temple team successful in Supreme Court Equal Pay hearing – Asda Stores v Brierley

In a judgment handed down this morning, the Supreme Court unanimously rejected Asda’s appeal and held that the Claimants (35,000 predominantly female retail employees) can use male distribution employees as comparators for the purposes of an equal pay claim. Andrew Short QC, Naomi Cunningham and Paul Livingston were instructed by Leigh Day to appear on behalf of the Claimants. The claims are brought on the basis that retail employees are paid less than distribution employees despite doing work of equal value. Asda had argued that the distribution employees were not valid comparators as they and the retail employees worked at different locations and were not employed on “common terms” within the meaning of the legislation. This argument was previously rejected…

News 26 Mar, 2021

Daniel Barnett to hold 30 employment law webinars to raise £30,000 for FRU

Daniel Barnett will be holding 30 employment law webinars over 3 weeks from 1st – 19th March 2021 to raise £30,000 for the Free Representation Unit. Daniel Barnett’s webinars will raise funds for the FRU, which has been providing representation in social security and employment tribunals for those who are not eligible for legal aid and cannot afford legal fees since 1972. Our members will be joining Daniel’s webinars to discuss the following topics: Health and Safety with Gus Baker Monday 1 March 2021 at 3:30pm ACAS Early Conciliation with Andrew Short QC Thursday 4 March 2021 at 3:30pm Employee Data, Monitoring and Privacy with Jeremy Scott-Joynt Friday 5 March 2021 at 9:30am Changing Terms and Conditions with Lydia Seymour Monday…

News 2 Mar, 2021

Andrew Short QC and Lydia Seymour resist EAT appeal on behalf of 6,000 firefighters

Andrew Short QC and Lydia Seymour, instructed by Walkers Solicitors, have successfully resisted an appeal in the EAT by various Fire and Rescue Authorities (FRAs) who had argued that they should not be liable for age discrimination claims from firefighters on the basis that they had been “acting pursuant to an enactment”. The appeal was related to the case of Secretary of State for the Home Department & others v Sargeant [2019] EWCA Civ 2844; [2019] ICR 1489, in which Andrew and Lydia acted for over 6,000 firefighters who claimed that the decision to exclude them from their pension scheme in circumstances in which their older colleagues were allowed to remain in them, was age discrimination.  Those claims were upheld…

News 16 Feb, 2021

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