News & Events
News & Events
Naomi Cunningham was part of a legal team who, today, have won a High Court challenge against the Office for National Statistics regarding a question on sex and the issue of self-identification in the 2021 census. Campaign Group Fair Play for Women has won its campaign to have guidance from the Office for National Statistics about the “sex” question in the 2021 Census permanently withdrawn. Mr Justice Swift granted permission and interim relief in an urgent hearing in the Admin Court last week, and listed the case for an expedited full merits hearing on 18th March 2021. Jason Coppel QC and Tom Cross from 11KBW and Outer Temple Chambers’ Naomi Cunningham were instructed by Sinclairslaw for Fair Play…
News 17 Mar, 2021
On 29 March 2021 Peter Linstead has been invited by the DIFC Academy of Law to speak on the discrimination provisions within the DIFC Employment Law of 2019. This two hour webinar will provide a comprehensive overview of DIFC Discrimination Law. Peter Linstead was involved in aspects of the consultation on the new law. The presentation aims to provide an in-depth analysis of the provisions and how the DIFC courts might apply them; to consider the few existing DIFC discrimination decisions and those in other jurisdictions which assist in interpreting the law; and to focus on the interesting and topical issues, as well as explaining what the provisions mean. Booking the Webinar You may read more about the webinar and…
News 16 Mar, 2021
Outer Temple Chambers is delighted to welcome Joshua Hitchens to our public law team. Joshua qualified in 2018 and practises in all of Chambers’ specialisms. He is a member of the Equality and Human Rights Commission Panel of Counsel and has acted in a number of high-profile public law matters. Most recently, he acted for the Claimant in the landmark case of R(Ncube) v Brighton and Hove City Council, Shelter Intervening [2021] EWHC 578 (Admin) in which it was established that Covid-19 is an emergency for the purposes of the Local Government Act 1972 and that local authorities have statutory powers to accommodate those with no recourse to public funds during the pandemic. He is also currently instructed in a…
News 15 Mar, 2021
In this article, Peter Linstead considers the use of applications for orders permitting a search of a defendant’s computers and electronic devices, including why they are useful and also their limitations. Applications for orders permitting a search of a defendant’s computers and electronic devices are routinely sought in cases involving employee competition and claims based on the misappropriation of IP. This is commonly at the outset of proceedings, in tandem with an interim injunction application. The High Court has been receptive to these applications in the last few years, to varying degrees. This article considers the reasons for, and the limits of, these applications, including a recent pronouncement on the relevant principles by the Court of Appeal. Peter’s article can…
Legal Blogs 11 Mar, 2021
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, 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
Peter Linstead, a specialist in employment and commercial law from Outer Temple Chambers, has written a new handbook on Employee Competition; “Restraining Competition by Employees – A Practical Guide to Restrictive Covenants, Injunctions and Other Remedies”. “Restraining Competition by Employees – A Practical Guide to Restrictive Covenants, Injunctions and Other Remedies” is published by Law Brief Publishing. Click here for further information or to purchase a copy. The purpose of the book is to create an easily accessible, indexed guide to this area of law, which is often regarded as highly specialist, even within the employment law community. Whilst fully up to date and covering all areas of importance, it is designed to enable solicitors and barristers to gain knowledge…
External Publications 15 Feb, 2021
On 19 January 2021, the Court of Appeal handed down an important decision regarding data protection and law enforcement. Bianca Venkata evaluates the judgment. On 19 January 2021, in The Queen (on the application of M) v The Chief Constable of Sussex Police, Brighton & Hove Business Crime Reduction Partnership [2021] EWCA Civ 42 the Court of Appeal has handed down a decision regarding part 3 of the Data Protection Act 2018 (“DPA”) which is concerned with the processing of personal data for law enforcement purposes. The unanimous judgment, delivered by Lady Justice Andrews, is the first of its kind to examine Part 3 of the DPA. The judgement considers the safeguards for the processing of “sensitive data” for law enforcement…
News 1 Feb, 2021
Daniel Barnett has published a new book on Resolving Grievances, aimed at employers, HR Professionals and employment lawyers. By raising a formal grievance an employee is indicating dissatisfaction with some aspect of work or the workplace. Resolving grievances promptly and effectively can minimise the damage and disruption, and limit an employer’s exposure to employment tribunal claims. This book shows you how to define, manage and resolve a grievance. It covers: the Acas Code of Practice on Disciplinary and Grievance Procedures the employer’s initial response when receiving a grievance conducting an investigation holding a grievance meeting the right to be accompanied deciding and issuing the grievance outcome the appeal process follow-up after the grievance has ended tricky grievance situations getting it…
News 29 Dec, 2020
Daniel Barnett acted for the Claimant in Angard & Royal Mail v Kocur, a decision of the Employment Appeal Tribunal handed down in December 2020. Mr Kocur was an agency worker, supplied to the Royal Mail by its wholly owned subsidiary employment agency Angard Staffing Solutions. He brought a number of claims, which have previously been ruled upon by the EAT and Court of Appeal. This latest appeal rolls up multiple legal issues on the rights of agency workers under the Agency Worker Regulations 2010. In a 72 page judgment spanning eight legal issues on the rights of agency workers, the EAT held (amongst other things): the rights of agency workers to be informed about permanent vacancies does not extend…
News 15 Dec, 2020
Daniel Barnett and Jeremy Scott-Joynt have updated the market-leading Employment Law Handbook. First published in 1999, the eighth edition of the Employment Law Handbook provides a comprehensively updated overview of employment law. Lord Neuberger, past President of the Supreme Court, says in his foreword: “This book makes employment law simple… I commend it as a reliable, user-friendly and clear guide to anyone with an employment law problem.” The latest handbook provides a comprehensively updated overview of employment law. Fully revised and rewritten, it covers: Employment status Unfair and wrongful dismissal Discrimination Redundancy Transfer of undertakings Health & safety at work Remedies and compensation Tribunal procedure For more information and to purchase a copy, please visit www.employmentlawhandbook.co.uk About the Authors Daniel…
External Publications 3 Nov, 2020
What can be achieved via electronic means within the 2013 Employment Tribunal Rules? Andrew Allen QC has updated his earlier article to reflect the changes to the 2013 ET Rules made on 8 October 2020? Hearings by electronic means Following the changes to the 2013 ET Rules made on 8 October 2020, Andrew Allen QC has updated his article analysing the practical issues faced by Employment Judges in considering, within the parameters of the 2013 ET Rules, whether to list hearings that are to be conducted by electronic communication. You can view the article here. Find out more These extraordinary circumstances bring new perspectives on employment law and the existing rules. Please contact Nick Levett on 020 74274905 or Mark Gardner on +44 (0)20 7427 4909ho will be…
Legal Blogs 9 Oct, 2020
