海角破解版

Welcome to April's newsletter

In this听edition we welcome Mathew Gullick QC's appointment as Silk and our new tenant Alex Leonhardt. We also introduce you to our new on-line employment law resources.

Our team has听reviewed the judgments in the following cases: Royal Mencap Society v Tomlinson-Blake & Others [2021] UKCS 8;听Asda Stores Ltd v Brierley; Rodgers v Leeds Laser Cutting Ltd; Mallon v AECOM Ltd;听Page v Lord Chancellor and ors;听Smith v Pimlico Plumbers Ltd UKEAT/0211/19/DA and L v 1) X 2) Z & 3) E UKEAT/0080/20/RN.

Finally, we look forward to our next employment law webinar听on 21 April, with Gareth Graham and Matthew Curtis.

Mathew Gullick QC enjoys his听first weeks as newly-appointed Silk听

Employment and public law barrister听听started his听first day as Queen's Counsel on Monday 15 March, after his听appointment was announced last December.

海角破解版 now boasts 15 QCs across our national practice.

Employment law resources from 海角破解版

Our team of听26听specialist employment barristers operating from six centres across the UK has听created its own employment knowledge hub, gathering听in one place our employment resources, including legal knowledge and news.

Search for specific key terms or subscribe to receive invitations, news and updates from our specialist barristers.

海角破解版 welcomes Alex Leonhardt as a tenant听听

We are delighted to congratulate Alex Leonhardt on the successful completion of his pupillage and to welcome him as a new tenant focusing on听employment, education and housing.

Alex is available to accept instructions for听advocacy and advisory work.

A Fourth Addendum to the Presidential Guidance on employment tribunal awards for injury to feelings

This fourth addendum听includes updated Vento bands for claims presented on or after听6 April 2021:

- a lower band of 拢900 to 拢9,100 for less serious cases
- a middle band of 拢9,100 to 拢27,400听for cases that do not merit an award in the upper band
- an upper band of 拢27,400 to 拢45,600 for the most serious cases.

UK Supreme Court听Sleep-in Workers Decision

analyses the UK Supreme Court's judgment of 19 March 2021, which completed many years of litigation over the issue of whether 鈥渟leep-in鈥� workers were entitled to be paid the National Minimum Wage (NMW) during the whole of the periods when they were required to be at work but were permitted to be asleep.

March 2021 employment case law analysis

and 听discuss two significant cases which were decided in March 2021.

Simon analyses Asda Stores Ltd v Brierley, an equal pay case which has received extensive press attention.

Daniel discusses Rodgers v Leeds Laser Cutting Ltd,听a case in which an听employee was dismissed for refusing to attend work due to concerns about Covid-19.

SC judgment on Asda Stores Ltd v Brierley: a 鈥榳atershed moment鈥� or a clarification of existing principles?

analyses听the judgment of the Supreme Court handed down on Friday, 26th March, outlining听 the clarity the case听provides on the approach and principles to be adopted when dealing with cross-establishment comparisons in Equal Pay claims.

Simon highlights the clarity the Judgment brings and suggests听large employers would be well advised to review their pay structures.

Workers are not entitled to carry over unpaid annual leave that was actually taken

In this article, analyses听the EAT's decision in Smith v Pimlico Plumbers Ltd UKEAT/0211/19/DA , in which Mr Justice Choudhury considers whether a worker is entitled to a payment in lieu of annual leave upon termination, whether such leave was taken or not, in circumstances where the respondent did not provide any paid annual leave during the relationship.

Strike-out applications of discrimination claims: approach with particular caution

Alex Leonhardt analyses Mallon v AECOM Ltd, UKEAT/0175/20/LA (V), a case in which听the EAT again urged caution in the use of strike-out applications in discrimination cases, and warned against only considering the first of the three duties under s20 of the Equality Act in reasonable adjustment claims.

Decision to remove magistrate for 鈥減re-conceived beliefs鈥� not religious discrimination nor victimisation 听

Grace Nicholls听reviews Page v Lord Chancellor and ors [2021] EWCA Civ 254, a case in which a magistrate expressed views about the appropriateness of the adoption of a child by a same sex couple based on his religious views and refused to sign the order approving the adoption.

What is 鈥渃onduct extending over a period鈥� and how and when should that question be determined?

Katherine Anderson reviews听L v 1) X 2) Z & 3) E UKEAT/0080/20/RN听and examines the principles considered by听the听EAT听in determining whether there was 鈥渃onduct extending over a period鈥� for the purposes of section 123 of the Equality Act 2010.

21 April employment law webinar at 11am

What happens when trade doesn鈥檛 get back to pre-pandemic levels?

and examine the options and potential pitfalls for businesses looking to make redundancies or organisational changes due to pressures caused by reduced activity.

Please register to .

Meet the team

海角破解版鈥檚 employment law group offers expert advisory and advocacy services to private and public sector employers across all areas of employment law including unfair dismissal, discrimination, equal pay, industrial disputes, executive contracts, wrongful dismissals, restrictive covenants, whistleblowing, TUPE, injunctions, pensions disputes and disciplinary proceedings.