News & Events
News & Events
Outer Temple Chambers would like to invite you to a lunch-time briefing update on Abuse Claims on Wednesday 27th May 2020. James Counsell QC, Patrick Sadd and Paul Livingston will be conducting a lunch-time briefing update and practice points review on the subject of abuse claims. Topics will include: Reviewing two High Court decisions: DSN v Blackpool Football Club and BXB v Watchtower Costs: the impact of the Defendants’ approach before and during trial Limitation climate: is it possible to forecast? Consequence for vicarious liability following Supreme Court decisions in Barclays and Morrisons The Speakers James specialises in acting for claimants in historical and more recent sex abuse claims against religious organisations, schools, the scouts and against football clubs and…
Events 20 May, 2020
Employment Tribunals may well face an increase in interim relief applications arising from concerns from those returning to work after lockdown. Andrew Allen QC provides a practical guide for both employees and employers. There has been considerable speculation about the potential for applications in the employment tribunal for interim relief to continue the employment contract, being brought by employees who have raised concerns about the safety of returning to their workplace after lockdown and who have been dismissed. Andrew Allen QC provides a practical guide to the situations in which an employee can and cannot make such applications and sets out the legal tests and hurdles to be overcome for those making and defending such applications. Introduction Sections 128 to…
Legal Blogs 18 May, 2020
A House of Commons Briefing Paper, “Coronavirus; Returning to Work”, has noted Gus Baker’s recent guidance on Coronavirus and Health & Safety Dismissals as a key reference point. Gus Baker’s guide, published last month, provides a detailed look at when employees will be protected from dismissal and detriment under Section 44 and Section 100 of the Employment Rights Act. His guide notes that: “prior to the coronavirus pandemic, employment disputes in which individuals refused to work because of danger were relatively rarely seen by employment tribunals. …The emergence of Covid 19 is likely to change this. For as long as the virus remains prevalent, and no vaccine has been found, each and every workplace is potentially an environment in which…
External Publications 18 May, 2020
Victoria Brown presents an Employment Law Webinar on Time Limits. As part of the 28 barristers – 14 day Employment Law Series, Victoria Brown presents a Q&A Webinar on time limits. Victoria recently presented this webinar in a series of employment law seminars put together by Outer Temple’s Daniel Barnett. Victoria looks at the two key time limit extension provisions for employment lawyers: reasonable practicability and just & equitable. She considers common reasons for extension applications, and gives practical tips on how to maximise your chances of successfully bringing or opposing an application. Victoria also suggests how tribunals might treat covid-19 based difficulties with meeting deadlines. Free Representation Unit The webinars raised £15000, which was donated to the Free Representation Unit,…
Webinars & Recordings 15 May, 2020
Andrew Short QC presents an Employment Law Webinar on Objective Justification & Age Discrimination. As part of the 28 barristers – 14 day Employment Law Series, Andrew Short QC presents a Q&A Webinar on Objective Justification & Age Discrimination. Andrew recently presented this webinar in a series of employment law seminars put together by Outer Temple’s Daniel Barnett. Andrew discusses age discrimination, objective justification and reliance upon ex post facto rationalisations in the light of Seldon and RMT v Lloyd. 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. Find out more For more details visit www.employmentwebinars.co.uk Andrew Short QC has an extensive employment law…
Webinars & Recordings 15 May, 2020
Daniel Barnett discusses employee and worker rights on the Coronavirus Job Retention Scheme on the Jeremy Vine Show. Daniel Barnett has been providing regular updates to help decipher the Coronavirus Job Retention Scheme since its launch in March. Daniel’s expertise prompted Jeremy Vine to invite Daniel on to his weekday morning show on Wednesday 13 May to discuss the scheme in advance of the Chancellor Rishi Sunak’s update announcement. Daniel discussed employee rights regarding returning to work and answered viewers’ questions on workers rights. Watch the Jeremy Vine interview Find out more Daniel Barnett is also the resident legal expert on LBC Radio. You can hear him on DAB Radio, FM 97.3 or via the GlobalPlayer App from 9pm…
Webinars & Recordings 14 May, 2020
What notice pay should employers pay to employees on furlough if the employee has agreed to accept 80% of pay during furlough? Daniel Barnett clarifies. Salary payments made by the employer during furlough can still be reclaimed from HMRC (subject to the limits of the Coronavirus Job Retention Scheme), despite the employee working out notice. An unresolved issue is: if employees have agreed to accept 80% of their salary while on furlough, is their notice pay also paid at 80%, or does it revert by operation of law to 100%? Remarkably little has been written on this, in part because such a simple question entails an extremely complex analysis, and in part because even with that analysis, the answer remains…
Legal Blogs 4 May, 2020
This month, Daniel Barnett celebrates a decade as the resident legal expert on LBC Radio. Since May 2010, he has helped over 6,000 members of the public over the course of nearly 500 episodes of the LBC Legal Hour. “It’s one of the most professionally rewarding things I’ve ever done”, Barnett says. “People have problems which keep them awake at night and they don’t know where to turn. Just being able to talk to a lawyer, for free, for a few minutes, can be immensely reassuring and point them in the right direction.” What legal problems do you with? “It can be all sorts; consumer, landlord & tenant, employment, business disputes, and occasionally family law. I don’t take questions on…
News 4 May, 2020
Further to Daniel Barnett’s recent article highlighting a potential problem with the Coronavirus Job Retention Scheme, HMRC has responded directly with some answers. Daniel Barnett recently wrote an article highlighting a problem with the Coronavirus Job Retention Scheme (see here). He also highlighted this directly to HMRC. HMRC has written to Daniel, providing clarity for employers and employees on one of the seemingly inconsistent aspects of the Coronavirus Job Retention Scheme. Paragraph 6.7 of The Treasury’s Direction to HMRC, which is the legislative source of HMRC’s power to make payments under the CJRS, states that an employer can only reclaim the employee’s salary, amongst other things, “…if the employer and employee have agreed in writing (which may be in an electronic form such…
Covid-19 23 Apr, 2020
There is a problem with the numerous iterations of the Coronavirus Job Retention Scheme. You now need to get the employee to agree in writing that they will not work. Daniel Barnett looks at the implications for employers who have already started the scheme. On 20 March 2020, the Chancellor Rishi Sunak MP announced as part of “an unprecedented package of measures” that businesses and their employees would be assisted by the Job Retention Scheme (the Scheme), thus bringing the word “furlough” into common usage. The Scheme allows for a grant covering 80% of an employee’s usual monthly wage up to £2,500 per month plus Employer National Insurance contributions and pension contributions up to the level of the minimum automatic enrolment…
Covid-19 17 Apr, 2020
Gus Baker looks at Sections 44 and 100 of the Employment Rights Act in relation to coronavirus and health and safety dismissals. Gus Baker has produced a guide concerning health and safety dismissals and detriments under sections 44 and 100 of the Employment Rights Act 1996 in the time of Coronavirus. The guide provides a detailed look at how and when employees will accrue protection under the Act for taking unilateral action to protect their safety including: When can employees who consider themselves at risk of infection refuse to attend work? Can staff insist on wearing face masks? Can employers make employees redundant if they refuse to take part in activities they consider would be risky? Read the full guide…
Covid-19 16 Apr, 2020
A High Court judgment has provided important guidance on the provisions for furloughing employees where a company has gone into administration due to COVID-19. Peter Linstead explains how it is no less relevant despite the new Treasury Direction on furlough leave. On Easter Monday 13th April, a High Court judgment gave declaratory guidance on how the provisions for furloughing employees should be applied by administrators where a company had gone into administration as a result of the effects of coronavirus. The judgment succeeds in providing essential clarity on the status of employees’ claims in an insolvency situation and has wider application to contractual variations in the context of furlough. It remains relevant in both these areas despite the publication on 15 April of…
Covid-19 15 Apr, 2020
