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Andrew Allen KC and Alexander Line successfully resist appeal in the EAT brought by Circuit Judges in relation to their pension rights

Andrew Allen KC and Alexander Line successfully resist appeal in the EAT brought by Circuit Judges in relation to their pension rights

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

Lydia Seymour and Elizabeth Grace successful in complex indirect race discrimination appeal

Lydia Seymour and Elizabeth Grace successful in complex indirect race discrimination appeal

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

Andrew Allen and Alex Line in EAT

Andrew Allen KC and Alexander Line successfully represent the Ministry of Justice & Lord Chancellor in the EAT

Judgment was handed down by the Employment Appeal Tribunal (‘EAT’) on 7th March 2023 in a group claim brought by salaried judges; Ministry of Justice & Lord Chancellor v Mr R Dodds & Others [2023] EAT 31. Andrew Allen KC and Alexander Line represented the Ministry of Justice and Lord Chancellor. The Background Claims had been brought by a group of salaried judges under the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000. Representative claims from that group were determined by the Employment Tribunal (‘ET’) in December 2021. Three of the representative claimants were salaried Circuit Judges who each had authorisation to sit in the High Court under s.9(1) of the Senior Courts Act 1981. They claimed that, when…

News 10 Mar, 2023

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