News & Events
News & Events
Saul Margo presents an Employment Law Webinar on Vicarious Liability. As part of the 28 barristers – 14 day Employment Law Series, Saul Margo presents a Q&A Webinar on Vicarious Liability. Saul recently presented this webinar in a series of employment law seminars put together by Outer Temple’s Daniel Barnett. In this Webinar Saul provided an overview of the law of vicarious liability with a particular focus on the two recent Supreme Court cases (Morrisons and Barclays) and the differences between the common law test and the test applicable to discrimination claims in the ET. Free Representation Unit The webinars raised £15000, which was donated to the Free Representation Unit, helping to train future generations of advocates and supporting vulnerable litigants.…
Webinars & Recordings 27 May, 2020
Keith Bryant QC and Saul Margo successfully represented the Trustees of Swansea University Pension and Assurance Scheme and another before the Supreme Court. Facts The case was about the interpretation of ‘treats…unfavourably’ under s.15(1) of the Equality Act 2010 (‘EA 2010’) which reads as follows: ‘A person (A) discriminates against a disabled person (B) if – (a) A treats B unfavourably because of something arising in consequence of B’s disability, and (b) A cannot show that the treatment is a proportionate means of achieving a legitimate aim’ (emphasis added). Mr Williams was ‘disabled’ within the meaning of s.6 EA 2010. He was employed by Swansea University from 12 June 2000 until he retired for ill-health reasons on 30 June 2013, aged 38.…
News 17 Dec, 2018
Limitation period for lodging appeals: Two members of Outer Temple Chambers, Saul Margo and Will Young, acted recently for the successful Appellants in joined appeals in the Court of Appeal. These joined cases contain new guidance regarding extensions of time for lodging appeals to the Employment Appeal Tribunal. In both cases (Bonnie v DWP and Rana v LB Ealing), the Appellants had their claims dismissed in the ET and sought to appeal to the EAT. Similarly, in both instances the ET sent the judgment/reasons to the Appellants’ previous legal representatives, who had in fact come off the record and ceased acting for them. This resulted in the Appellants receiving the judgment/reasons some time later than they would have done, thus…
News 25 Sep, 2018
Andrew Spink QC and Saul Margo represented the Trustees of the Coats Pension Plan in regulatory proceedings brought by the Pensions Regulator against the Coats Group. The case raised novel issues concerning the interpretation of the legislation concerning Financial Support Directions and, in particular, the Regulator’s jurisdiction to conduct its own calculations in order to determine whether a scheme is insufficiently resourced. Following the exchange of Representations, the Regulator and the Trustees have achieved a settlement with the Coats Group that will protect the pensions of 24,000 scheme members in a deal described by John Ralfe (an independent pensions consultant) as “the most important” one that the Regulator has reached. This is the first settlement of such an action achieved…
News 20 Dec, 2016
The MoJ sought to overturn the decision of the ET that part-time judges in the Residential Property Tribunal Service (now part of the First-tier Tribunal) were treated less favourably than a full-time comparator in respect of payment for judgment writing. In order to remedy the less favourable treatment the ET awarded an additional fee of two-thirds of the daily sitting fee for each day of sitting, and refused to reconsider its judgment. Before the Court of Appeal the MoJ argued that the decision of the ET (upheld by the EAT) was perverse and/or should have been reconsidered because it overcompensated part-time judges for multi-day cases. The Court of Appeal held that there was nothing wrong with the way the ET…
News 15 Jul, 2016
The Employment Tribunal has held that lay members of the Criminal Injuries Compensation Tribunal who are ticketed to chair hearings in the First-tier Tribunal carry out work that is “broadly similar” to the work of judges in the First-tier Tribunal Tax Chamber. This case is part of the long-running part-time judges litigation and it is the first time that a “judge” who is not legally qualified has been found to have a judicial comparator for the purposes of the Part-time Workers Regulations. The result means that the claimants and other current office holders will receive a pension and other financial benefits associated with full-time employment in their jurisdiction. Click here to read the judgment.
News 25 May, 2016
In Ministry of Justice v Burton & Anor, the EAT has upheld the decision of an employment tribunal that two part-time judges of the Residential Property Tribunal had been treated less favourably than their full-time equivalents in the First-tier Tribunal Tax Chamber. The case can be found on Westlaw here.
News 3 Dec, 2015
Outer Temple is delighted to announce that Saul Margo has recently been appointed to the Attorney General’s B Panel. The appointment runs from 1st September 2015 to the end of August 2020.
News 5 Jul, 2015
Following on from the liability judgment in the IBM Project Waltz proceedings which was handed down on 4th April 2014, a further lengthy and important judgment has been handed down that deals with the remedies available to members of the scheme. Outer Temple barristers Andrew Spink QC, Andrew Short QC and Saul Margo appeared for the Trustee whilst Nicolas Stallworthy QC and Lydia Seymour, also of Outer Temple, appeared on behalf of the Representative Beneficiaries. In the judgment, Warren J dealt in turn with each of the elements of Project Waltz that breached the “Imperial” duty of good faith and the contractual duty of trust and confidence. Warren J found in favour of the members on the vast majority of…
News 23 Feb, 2015
