Andrew Worthley successfully represents the respondent in a unfair dismissal and unlawful deduction of wages claim appeal – Hanson Quarry Products -v- Lock

An interesting and important read in relation ill health and lack of return to work support. https://assets.publishing.service.gov.uk/media/62bec86c8fa8f519b5f1b7a2/Hanson_Quarry_Products_Europe_Limited_of_Hanson_House_v_Mr_Peter_Luck__2022__EAT_98.pdf [...]

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Train strike 2022: should strikes be supported by law in a society so dependant on travel services or is it time for change?

The National Union of Rail, Maritime and Transport Workers (RMT) launched a ballot of its members in May 2022 on taking strike action. This ballot saw over 40,000 Network Rail workers and 15 train operating companies ballot for strike action. [...]

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*WE ARE RECRUITING*

If you are a member of the Bar seeking to leave the city hustle and bustle aside and relocate to practice in the scenic South West, we want to hear from you! Magdalen Chambers is one of the largest sets [...]

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Chambers continued success with rankings in Chambers and Partners 2021

Chambers are thrilled to achieve success for another year having been recognised by Chambers and Partners 2021. Over three areas of law, Employment, Family and Planning, six members have also been individually ranked together with recognition for the clerking team. [...]

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Nigel Moore is ranked again by Chambers and Partners 2020

Chambers is delighted to congratulate Nigel Moore on his ranking in the Employment - Western (Bar) by Chambers and Partners 2020 (Band 3). Nigel was called to the Bar after a number of years practising as a solicitor, and has [...]

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Chambers celebrates further success with rankings in Chambers and Partners 2020

We are proud and delighted to announce that Chambers continues in it’s success being recognised by Chambers and Partners 2020. Five members have also been individually ranked together with recognition for the clerking team for client service “The clerks are [...]

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Civil Second Six Pupil James Lewis-Bale is accepting instructions

We are pleased to announce that James has commenced is second six period within his pupillage in the area of Civil Law. Please contact Harry Turner our Senior Civil Clerk and his team for assistance. [...]

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James Bax Appointed as Full Time Salaried Employment Judge

Chambers are delighted to congratulate James Bax on his Appointment of a Salaried Employment Judge of the Employment Tribunals (England and Wales) The Lord Chancellor, The Right Honourable David Gauke MP, has appointed James Alexander Bax to be a Salaried [...]

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Nigel Moore ranked by Chambers and Partners 2019 for Employment Law

Chambers are delighted to congratulate Nigel on his ranking in this years Chambers and Partners which are announced today. Nigel - Band 3 Called to the Bar after a number of years' practice as a solicitor, and has since acted [...]

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Pimlico Plumbers Ltd & Mullins v Smith [2018] UKSC 29

In what is likely to be the leading authority on employment status for years to come, the Supreme Court today has dismissed the appeal of Pimlico Plumbers from the Court of Appeal decision that Mr Smith was a worker and [...]

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Constructive Dismissal: Appealing the Last Straw

Constructive Dismissal: Appealing the Last Straw Can the rejection of an appeal against a final written warning constitute a ‘last straw’ for the purposes of a constructive dismissal claim? Not in the case of Kaur v Leeds Teaching Hospitals NHS [...]

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No leniency for ‘computer-illiterate’ LiP who filed 73 days late

The Court of Appeal has told a litigant who was more than two months late lodging an employment appeal that he cannot rely on his interpretation of new guidance applied following the Mitchell case. https://www.lawgazette.co.uk/law/no-leniency-for-computer-illiterate-lip-who-filed-73-days-late/5065770.article [...]

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Burden of Proof under the Equality Act 2010: Ayodele v Citylink Limited & Napier [EWCA] Civ 1913 a Return to Orthodoxy after Efobi v Royal Mail Limited.

Further to my article on 9th October 2017 the Court of Appeal has considered the effect of section 136 of the Equality Act 2010 in the case of Ayodele v Citylink Ltd. The point arose as an additional ground of [...]

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UK Employment Appeal Tribunal rejects Uber appeal

The ride-hailing firm Uber has lost its appeal against a ruling that its drivers should be classed as workers with minimum-wage rights, in a case that could have major ramifications for labour rights in the growing gig economy. Read the full judgment. [...]

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Burden of Proof under the Equality Act 2010 and Adverse Inferences

Burden of Proof under the Equality Act 2010 and Adverse Inferences: Efobi v Royal Mail Group Limited (Judgment handed down on 10 August 2017).  Prior to the advent of the Equality Act 2010 the burden of proof under the earlier [...]

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Employment Tribunals: Rebates

The commons debated the aftermath of the removal of employment tribunal fees this week- stay up to date with the employment team at Magdalen Chambers. http://hansard.parliament.uk/commons/2017-09-05/debates/17BEC6CA-B80F-4F1A-B8ED-4EDAB477EC7F/EmploymentTribunalsRebates [...]

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MPs, racist language and the law

Andrew Worthley has written an article for The Conversation looking at the intersection between MPs, racist language and the law of unfair dismissal, in light of recent comments made by Newton Abbot MP Anne Marie Morris. It is published here. [...]

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Working: employed or gigging? 

We lawyers have been arguing about the status of ‘employees’ since the dawn of the first codified employment legislation in this country and the advent of the industrial tribunals. Cases such as Ready-Mixed Concrete v Minister of Pensions & National [...]

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Chambers welcomes Sarah Hornblower back to practice

We are pleased to announce that after the birth of her gorgeous daughter Connie Grace, Sarah is returning to practice at Magdalen Chambers.  Sarah is a very experienced Barrister, called 11 years ago, specialising in Employment, Criminal and Prison Law. [...]

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Employment Appeal Tribunal allows claim to be pursued which arose after the ACAS Early Conciliation Certificate

Can an ACAS Early Conciliation Certificate cover a claim which has not arisen before the date of the Certificate (or even before ACAS were first contacted)? "Yes", said the Employment Appeal Tribunal in Compass Group UK and Ireland Ltd v [...]

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Chambers warmly welcomes Associate member Martin Fodder

Magdalen Chambers is delighted to announce that Martin Fodder (formerly an Associate Member of Colleton Chambers) joins chambers as an Associate Member. Martin is a barrister practising from Littleton Chambers, one of the leading London employment sets and now as [...]

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Employer National Insurance contributions for apprentices aged under 25 years have been abolished.

This is a guide for employers on changes to National Insurance contributions for apprentices aged under 25 applying from April 2016. https://www.gov.uk/government/publications/national-insurance-contributions-for-under-25s-employer-guide/paying-employer-national-insurance-contributions-for-apprentices-under-25 [...]

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National Living Wage becomes Law 1 April 2016

With just one month to go until the government’s new National Living Wage comes into force, the government is urging businesses to prepare early for the changes and make sure they follow these four simple steps: Know the correct rate [...]

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