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Employment & Discrimination

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Andrew Allen obtains £40,000 costs award against barrister

Andrew Allen successfully represented the clerks and members of a set of barristers’ chambers against a claim of race discrimination brought by a barrister relating to allocation of work over a three year period and the manner in which the chambers responded to a complaint. All of the claims were rejected in a judgment promulgated in April 2016. At a costs hearing in November 2016, the unsuccessful Claimant was ordered to pay all of the Respondent’s legal costs, capped at £40,000 due to her means – given that she was over £100,000 in debt. The basis for the costs decision was that the Claimant had behaved unreasonably in her conduct of the case which involved “untrue allegations of discriminatory conduct” and…

News 18 Nov, 2016

Uber Employment Tribunal judgment: Driving the protection of rights?

A recent Employment Tribunal judgment found that two Uber drivers should be regarded as ‘workers’ under the relevant legislation and therefore were entitled to rights such as holiday pay and the minimum wage. Paul Livingston looks at the importance of this decision. This judgment, which included quotes from Shakespeare and Milton, is seen by many as an important step forward for the protection of those individuals working in the ‘gig economy’. Uber unsuccessfully tried to argue that it was merely a technology platform and that the drivers were therefore self-employed, something which the Tribunal regarded as “faintly ridiculous” and “a pure fiction”. However, contrary to various sources, the Tribunal did not find that the drivers were ‘employees’, but instead placed…

News 1 Nov, 2016

Outer Temple Chambers shortlisted for the Legal 500 Bar Awards 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

Brexit and Employment law

Paul Livingston and Emily Gordon Walker recently gave a talk to several solicitors’ firms on what Brexit might mean for employment lawyers. Their informative talk provoked discussions on a number of items including: A reminder of the impact that EU law has on current employment law at present; A summary of how EU law currently applies and how this would change after Brexit; An analysis of the political background and how this might affect future changes; Paul and Emily’s predictions on areas most and least likely to change, including a look at: discrimination; family-friendly rights; agency, part-time and fixed-term workers; working time; TUPE; collective rights; bankers bonuses; and Other obstacles and opportunities that might arise for employment lawyers, including the…

News 12 Oct, 2016

Lambeth & Southwark Council Tender win

Outer Temple Chambers is pleased to announce that it has been successful in its bid to provide external legal services to Lambeth and Southwark Councils for Employment and Education Law matters. This strengthens our relationship with numerous Boroughs of London and other Councils following further success in tender bids for the London Borough Legal Alliance (LBLA), whose new Framework started earlier in the year. Outer Temple provides high quality Barristers for Employment, Education and Public Law matters.

News 14 Sep, 2016

’22 QCs’ – Andrew Short QC to speak on hot employment law issues

’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

Saul Margo represents successful claimant in Court of Appeal

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

Michael Bowes QC & Katarina Sydow in the anti-slavery forum

Michael Bowes QC and Katarina Sydow were invited to participate in the Global Sustainability Network Forum at Westminster Abbey on 31st May 2016. Discussion focused on how governments could be encouraged to tackle human trafficking and modern day slavery, including by enacting and applying legislation such as the Modern Slavery Act 2015. Outer Temple’s members are experienced in advising governments, civil society and commercial organisations on the rule of law, with particular expertise in transparency and anti-corruption measures. Click here to read more about the organisation’s work.

News 2 Jun, 2016

Saul Margo represents successful part-time judges

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

Emily Gordon Walker joins Outer Temple Chambers

Outer Temple Chambers is pleased to announce that Emily Gordon Walker has recently joined our Employment team. Emily acts for businesses and individuals alike, her practice covering all statutory employment tribunal claims, High Court litigation and discrimination law. She is regularly instructed by government departments, local authorities and companies ranging in size from SMEs to global corporations, and also by trade unions, insurers and high net worth individuals. Emily is a member of the Attorney General’s C panel and is ranked as a leading junior in the employment field in both Chambers and Partners and the Legal 500. She will be a valuable asset to our Employment team.

News 19 May, 2016

Kate Davenport QC praises new development for gender equity

The New Zealand Bar Association is setting up a new committee to look at how to get greater gender equity in briefing practices. As part of its work it will promote the equitable briefing policy which aims to maximise choices for legal practitioners and their clients, promote the full use of the Independent Bar and optimise opportunities for practice development of all counsel. Kate Davenport QC chaired the New Zealand Bar Association Equitable Briefing Policy Committee when the policy was established 7 years ago. She says that the aim of the policy is to try and encourage those people who brief the bar to widen the briefing pool “and to make a conscious effort, when they are thinking about briefing, to think:…

News 26 Apr, 2016

Northern Ireland’s equality legislation vs European human rights laws

In 2015, Ashers bakery was found to have discriminated against a customer on the grounds of sexual orientation and political opinion. The complicated so-called ‘gay cake’ case seemed to be nearing its conclusion, when the last-minute postponement of the hearing extended the appeal issues. The Attorney General then intervened into the case claiming there was a potential conflict between Northern Ireland’s equality legislation and European human rights laws and that the case raised constitutional issues arising from the devolution arrangements in Northern Ireland. Further to this intervention, a special hearing will now take place on Wednesday, 3rd March 2016, and the appeal itself is re-listed to start on 9th May 2016.

News 5 Feb, 2016

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