News & Events
News & Events
Martina Murphy successfully represented the Claimants in ‘British Airways Plc v Rollett & Others, Minister for Women and Equalities intervening’; claims for ‘same disadvantage’ indirect discrimination could be brought under s.19 EqA 2010. The President of the EAT, Mrs Justice Eady, has dismissed BA’s appeal and held that indirect discrimination under section 19 Equality Act 2010 allows a claim by someone who does not have the protected characteristic of the disadvantaged group but suffers the same disadvantage. The Respondent (BA) appealed the Employment Tribunal’s finding that it had jurisdiction to hear ‘associative’ indirect discrimination claims under s19 EqA 2010. The EAT considered the CJEU’s judgment in CHEZ Razpredelenie Bulgaria AD v Komisia za zashita ot discriminatsia (Case C-83/14) [2015] IRLR 746 (‘CHEZ’).…
News 21 Aug, 2024
Naomi Cunningham secures £54,000 compensation for a social worker after her local authority employer admitted discriminating against her protected beliefs. Naomi recently acted for Lizzy Pitt who accused her employer, Cambridgeshire County Council, of harassment related to sexual orientation and her philosophical beliefs. The council had launched disciplinary proceedings against Ms Pitt after she voiced her gender-critical views at an LGBT network meeting. The council launched a probe after formal complaints were made which led to a management instruction and suspension from the LGBT network. Ms Pitt said she found the whole process “stressful and humiliating” and took the council to an employment tribunal. On the morning of the hearing, the council accepted liability and agreed to pay Ms Pitt…
News 12 Aug, 2024
Outer Temple’s Naomi Cunningham has been published in the August 2024 ELA Briefing in an article titled ‘Legal costs as damages for discrimination’. Naomi Cunningham of Outer Temple Chambers has written an article with Shazia Khan of Cole Khan Solicitors for the August 2024 ELA Briefing. In this article, Naomi and Shazia discussed damages, litigation costs and the Tribunal. They also discussed the recent decision of Meade v Westminster City Council and Social Work England (in which they successfully represented the Claimant). To read the full article ‘Legal costs as damages for discrimination’, click here. Find out more Naomi Cunningham has specialised in discrimination law, mainly but not exclusively in the employment context, throughout her career. In recent years, Naomi has…
External Publications, News 7 Aug, 2024
Naomi Cunningham has been published in the latest Discrimination Law Association Briefings paper dissecting the case of Omooba v Michael Garrett Associates (1) Leicester Theatre Trust Ltd (2). Naomi Cunningham’s article titled ‘Bowing to the mob: a ‘business case’ defence?’ was included in the DLA July briefing paper (Vol 82, 1088-1100 July 2024) following the recent EAT decision in Omooba v Michael Garrett Associates (1) Leicester Theatre Trust Ltd (2) [2024] EAT 30. Actress Seyi Omooba accepted a role as a lesbian character. However, whenever historic homophobic comments surfaced on social media, her contract was terminated. Despite conceding that she would have resigned in any event, Ms Omooba brought employment tribunal claims of discrimination and harassment on grounds of religion…
External Publications, News 2 Jul, 2024
In Clayson and others v Ministry of Justice and others [2024] EAT 99, the Employment Appeal Tribunal (Mr Justice Kerr) dismissed an appeal brought by Claimant Circuit Judges in relation to their pension rights. Andrew Allen KC and Alexander Line successfully represented the Respondents. The three test Claimants (who formed part of a larger cohort) were each former Recorders who were appointed to the office of Circuit Judge on or after 31st March 1995. That date was important, as it was the date on which a new judicial pension scheme under the Judicial Pensions and Retirement Act 1993 (‘JUPRA’) came into effect. They contended that the terms of this scheme were less favourable than the scheme under the Judicial Pensions…
News 28 Jun, 2024
The Employment Appeal Tribunal has handed down judgment in the case of NSL v Zaluski, in which Lydia Seymour and Elizabeth Grace successfully acted for the Appellant. The Employment Appeal Tribunal has handed down a detailed judgment overturning an Employment Tribunal’s finding of indirect race discrimination in relation to an employer’s annual leave policy during the Covid pandemic. The EAT also overturned an award of aggravated damages but upheld a finding of harassment related to race. In NSL v Zaluski [2024] EAT 86, the employer adopted an annual leave policy during the pandemic which required employees to factor in any relevant period of quarantine as a result of the pandemic. If an employee exceeded the authorised period of leave, even…
News 25 Jun, 2024
Outer Temple Chambers’ Employment Law specialist, Daniel Barnett, has recently hit one million downloads on his podcast channel ‘Employment Law Matters’, ranking it a #1 business podcast. Employment Law Matters, the podcast by Daniel Barnett, which features many members of the Outer Temple Chambers employment team, has been ranked a #1 business podcast in the Apple podcast charts, after reaching one million downloads. Launched five years ago, for the first 12 months after the podcast launched, Daniel published one episode a week, mainly consisting of monologues and mini-seminars on employment law. During the height of the Covid lockdown, it moved to up to three episodes a week keeping employment lawyers and HR Professionals up to date on the frequently changing furlough…
News 11 Jun, 2024
The Times has named Naomi Cunningham ‘Lawyer of the Week’ after she acted for social worker Rachel Meade in an employment tribunal claim against both her employer, Westminster City Council, and her Regulator, Social Work England. Ms Meade had been sanctioned by Social Work England and then suspended on a charge of gross misconduct by the Council after a Facebook friend presented a dossier of her “gender-critical” posts to her regulator. The tribunal found that the regulator had “allowed its processes to be subverted to punish and supress the Claimant’s lawful political speech”. Both the regulator and the Council must now train their staff in freedom of belief and expression in the workplace. Read Naomi’s full interview, available to The…
News 9 May, 2024
Courtney Step-Marsden successful in EAT appeal regarding the liability of individually named respondents under Section 110 Equality Act 2010. Naming individual employees as respondents to employment tribunal proceedings is a common issue, particularly in circumstances where the employer is not seeking to run the defence as outlined in s,109(4) Equality Act 2010. However, the recent judgment of Baldwin v Cleves School reminds us that, on a correct construction of s.109 and s.110, an employment tribunal does not have discretion to find that the named respondents are not liable for their own acts of discrimination. The EAT has recently handed down judgment in Baldwin v Cleves School and ors [2024] EAT 66 in which Courtney Step-Marsden, instructed by Elizabeth McGlone and…
News 7 May, 2024
We are delighted to welcome Salomé Lemasson to Outer Temple Chambers as a professional associate within the Business Crime, Regulation and Sanctions team. Salomé is qualified to practise in France and Germany, admitted to the Paris Bar (2014) and Berlin Bar (2020). Prior to setting up independent practice in 2023, she worked for law firms in Paris and Berlin (Gibson Dunn, Hogan Lovells, and AL & Associés). Her practice focuses on representing top tier companies and high net worth individuals in sensitive, high-stake matters involving international sanctions, fraud, corruption, and money laundering. Salomé is particularly active in the field of sanctions, and regularly assists and represents individuals, organizations, and major international conglomerates in this area of law. In addition, Salomé…
News 2 May, 2024
Outer Temple’s Courtney Step-Marsden and Gerard Airey of Kilgannon & Partners LLP were successful in statutory redundancy pay claim for the Claimant against Guys and St Thomas NHS Foundation Trust. Courtney Step-Marsden was instructed in this case which reinforces the importance of suitability in alternative employment offers during redundancy. Courtney Step-Marsden and Gerard Airey were successful in the claim and achieved a significant victory for the Claimant against Guys and St Thomas NHS Foundation Trust. The Claimant was employed by Guys and St Thomas NHS Foundation Trust, initially as a general manager (grade 8c role). He then engaged in a number of secondments over a period of 9 years in which he was working as a Programme Director (‘PD’) a grade…
News 28 Mar, 2024
Employment and discrimination barrister, Oliver Lawrence, successfully acted for the Respondent in the case of Rentokil Initial UK v Mr M Miller, a case which looks at reasonable adjustments within the workplace. The judgment is now available. The EAT has established that a trial period can be a reasonable adjustment in Miller v Rentokil, a case in which an employer dismissed a disabled employee instead of placing him in an alternative role on a trial basis. The proposition had previously been doubted by the EAT in Environment Agency v Rowan .The Claimant worked as a field-based pest controller. After being diagnosed with multiple sclerosis he could no longer work in this role, mainly because of his consequent difficulties working at heights…
News 18 Mar, 2024
