News & Events
News & Events
Today, Advocate General Tanchev handed down his Opinion at the Court of Justice of the European Union, Luxembourg, in Case C-171/18 Safeway Ltd v (1) Andrew Richard Newton and (2) Safeway Pension Trustees Ltd (a preliminary reference from the Court of Appeal). The case concerns the methods by which men and women’s pension ages can be equalised under a pension scheme. The scheme contained a power of amendment that permitted retrospective adverse amendments to rights. The material events occurred prior to the coming into force of section 67 of the Pensions Act 1995. The reference asks whether EU law permits equalisation to be achieved during the Barber window by retrospectively reducing the rights of the advantaged class where those rights were…
News 27 Mar, 2019
The conclusion of the Court of Appeal in Asda Stores Ltd v Brierley [2019] EWCA Civ 44 handed down this morning. Thousands of Asda’s mainly female retail staff are entitled to compare themselves for equal pay purposes with workers in Asda’s network of warehouses and distribution centres. More than 27,000 claims have been presented by Leigh Day & Co, with hundreds of new claims added every month. The shop workers say their customer-facing roles are undervalued compared to warehouse work. Each of them is claiming up to six years’ arrears of pay. This appeal was Asda’s latest unsuccessful attempt to stop the mass claims in their tracks. The Court refused Asda’s application for permission to appeal to the Supreme Court,…
News 31 Jan, 2019
Andrew Short QC, Lydia Seymour and Naomi Ling have been successful in the Court of Appeal in the claims of more than 200 judges and 6000 firefighters for age discrimination, equal pay and race discrimination. The Court of Appeal held that transitional protections that sheltered older judges and firefighters from the significant reductions in pensions entitlements which the claimants suffered as a result of the public sector pensions changes in 2015, were unlawfully discriminatory. It made findings on the correct approach to take to the exercise of objective justification where the state has a legitimate interest in the issue. It also held that the desire to protect older judges/firefighters when they would have been least affected by the 2015 changes…
News 20 Dec, 2018
On 26 October 2018 Mr Justice Morgan handed down Judgment in Lloyds Banking Group Pensions Trustees Limited v Lloyds Bank PLC & Others. Andrew Short QC and Nicholas Hill acted for the Representative Beneficiaries, instructed by Ivan Walker of Walkers Solicitors. This landmark decision settles the longstanding question of whether Pension Scheme Trustees are required to adjust non-GMP benefits (“Excess”) in order that the total benefits received by male and female members with equivalent age, service and earnings histories are equal. In summary, the Judge held that: Pension Scheme Trustees are obliged to adjust the Excess payable under schemes in order that the total benefits received by male and female members with equivalent age, service and earnings histories are equal.…
News 26 Oct, 2018
Andrew Short QC and Naomi Ling successful in judges’ pensions case appeal, resisting appeal against ET decision that they were discriminated against on grounds of age. Andrew Short QC and Naomi Ling successfully resisted an appeal by the Ministry of Justice to the EAT from a finding that judges had been discriminated against on grounds of age. The claimants are more than 200 judges who were moved to a less generous pension scheme in 2015. The Employment Tribunal found that the aim of protecting those closest to retirement was not legitimate and, in any event, the judges were so badly affected by the change that it was not proportionate. The EAT found that the judge had made some errors in…
News 7 Feb, 2018
Andrew Short QC and Lydia Seymour successful in the EAT in firefighters’ pension case appeal, overturning ET decision to dismiss the firefighters’ claims. Andrew Short QC and Lydia Seymour act for more than 6,000 firefighters in this group claim for age discrimination, equal pay, sex and race discrimination following the introduction of a less generous pension scheme for younger firefighters in 2015. All claims were originally dismissed by the Employment Tribunal, but the rejection of the age and race discrimination claims has now been overturned. The EAT found that the Employment Tribunal had applied the wrong test on the question of justification and an inadequate level of scrutiny on the issue of proportionality. All parties were given permission to appeal…
News 7 Feb, 2018
’22 QCs on the Hot Employment Law Issues for 2017-18 ′ is a forthcoming equality, diversity and discrimination law conference, presented by an outstanding team of 22 top Queen’s Counsel on Thursday the 5th and Friday the 6th of October 2017. Andrew Short QC will be there again talking on ‘Employment law and occupational pensions: an update’. Feedback for the last year’s conference includes: ‘What an exceptional series of briefings on a huge range of topics given by the thought-leaders in the field – the added value for practitioners is massive. It is the best conference I have ever attended’; ‘An exceptional array of expert speakers’; ‘First class – the best employment law training available’. To learn about Andrew’s expertise, access…
Events 5 Oct, 2017
Andrew Short QC, Naomi Cunningham and Keira Gore (instructed by Leigh Day) have successfully represented over 7000 claimants before the Employment Appeal Tribunal in the UK’s largest ever private sector equal pay claim. The appeal was to determine whether predominantly female workers in Asda’s retail stores were entitled to compare themselves to higher paid male workers in Asda’s distribution centres. Asda’s position was, in short, that because it set the more favourable terms and conditions of the distribution workers separately to the terms of the retail workers the two pay regimes were distinct and incomparable. This argument was rejected by the EAT who found that a comparison was valid applying domestic law and EU law. This judgment makes it clear…
News 31 Aug, 2017
We are delighted to announce that Chambers has been shortlisted for ‘Personal Injury/Clinical Negligence Set of the Year’ in the 2017 Chambers UK Bar Awards. In addition, Andrew Short QC has been shortlisted for ‘Employment Silk of the Year’ and James Leonard is listed for ‘Health and Safety Junior of the Year’. The 2017 Chambers UK Bar Awards will be held on Thursday, 26th October 2017.
News 30 Aug, 2017
Outer Temple Chambers is pleased to have been shortlisted for Employment Set of the year while Andrew Short QC has received a nomination for Employment Silk of the year. Our employment & discrimination team continues to reinforce its reputation as a major player in the sector, with an number of key appointments to the team in recent years. Andrew, together with Naomi Cunningham and Keira Gore, is counsel for the claimants in Brierley & others v Asda. This is the largest equal pay claim that the private sector has seen. Read more about Andrew and our Employment team or contact David Smith for further information. Winners of the awards will be listed on Monday 27th October.
News 20 Oct, 2016
’22 QCs on the hot employment law issues for 2016-17′ is a forthcoming equality, diversity and discrimination law conference, presented by an outstanding team of 22 top Queen’s Counsel. The event – described as a “unique one-stop conference for anyone advising on employment or discrimination law” – takes place on 29-30 September 2016 in London, and addresses key discrimination law topics likely to be of concern in 2016. Andrew Short QC is expected to give a talk on “Employment law and occupational pensions”. Andrew’s employment practice covers everything from complex or sensitive dismissal and discrimination cases through TUPE to high value contract, restrictive covenant, fiduciary duty and equal pay claims. He has lectured on pensions, discrimination and employment issues and is on…
News 18 Aug, 2016
Three Outer Temple members, Andrew Short QC, Naomi Ling and Fiona Scolding are highlighted by The Lawyer for their involvement in two high profile cases throughout 2016. To read more please click here.
News 19 Jan, 2016
