TUPE Protection & Redundancy

Jude Shepherd acted for the Respondent in Lister v New College Swindon: Case Summary

Case summary written by 42BR's Vistra Greenaway-Harvey.

Published: 16th Apr 2024

Jonathan Davies represents Spanish Embassy in diplomatic and state immunity appeal

Case Summary on Lorenzo v the Kingdom of Spain

Published: 18th Dec 2023

Master the Art of Striking Out! The law, the rules, the tactics- how to strike out employment claims

Michael Salter and Catherine Urquhart present the next session in our Employment Law webinar series.

Published: 11th Dec 2023

Master the Art of Striking Out! The law, the rules, the tactics – how to strike out an employment claim

Join Michael Salter and Catherine Urquhart for the next session in our Employment Law series.

Published: 22nd Nov 2023

Hey ChatGPT, is AI after our jobs? - Employment Annual Lecture

Our Employment Law Group are pleased to invite you to their annual lecture exploring AI and the implications it may have for employment lawyers.

Published: 8th Nov 2023

Check your privilege: Recent developments in the without prejudice rule and legal professional privilege.

Amy Stroud and Louise Whittington presented our latest Employment Law webinar.

Published: 5th Oct 2023

When is 'Effective Date of Termination' when a summary dismissal letter is emailed?

Susan Chan successfully applied to strike out the entirety of the claimants claims of unfair dismissal, whistleblowing and trade union detriment in Carabott v London Brough of Newham.

Published: 2nd Oct 2023

Rad Kohanzad shortlisted for Employment Junior of the Year

Rad Kohanzad has been shortlisted for Employment Junior of the Year at this years Chambers UK Bar Awards.

Published: 13th Sep 2023

Nick Bidnell-Edwards contributes to the 2023 Edition of the Employment Law Handbook

The Handbook is available to purchase now.

Published: 9th Aug 2023

Benjamin Uduje represents Hull University Teaching Hospitals in whistleblowing claim

Benjamin Uduje instructed by Capsticks, represents the Hull University Teaching Hospital (HUTH) and four named Respondents in their defence of multiple claims of whistleblowing detriments by a consultant cardiologist.

Published: 2nd Aug 2023

Susan Chan successful in Dobbie v Paula Felton t/a Feltons Solicitors

Susan successfully defended the Respondent, a sole practice solicitor, in this long running saga that has been to the EAT and back.

Published: 26th Jul 2023

Employment Relations (Flexible Working) Act 2023

Jason Braier discusses the Employment Relations (Flexible Working) Act 2023.

Published: 24th Jul 2023

Employment Webinar: Schedules of Loss: a practical guide to getting it right

Max Gordon presents the next webinar in our series of Employment Webinar.

Published: 20th Jul 2023

When a subjective belief can fulfill an objective test

Catherine Urquhart comments on Pilkington UK Ltd v Jones [2023] EAT 90

Published: 14th Jul 2023

42BR shortlisted for 'Employment Set of the Year' at the Legal 500 Bar Awards

We are delighted our Employment team have been shortlisted for 'Employment Set of the Year' 2023.

Published: 12th Jul 2023

Employment Law Webinar: Schedules of Loss. A practical guide to getting it right

Register now for the next instalment of our Employment Law webinars, presented by Max Gordon.

Published: 27th Jun 2023

Employment Webinar: Avoiding the pitfalls of the badly drafted Unless Order

Jason Braier and Jamie Fireman present the next Employment Law webinar in our series.

Published: 23rd Jun 2023

Susan Chan successful in Dobbie v Paula Felton t/a Feltons Solicitors

Susan successfully defended the Respondent, a sole practice solicitor, in this long running saga that has been to the EAT and back.

Published: 15th Jun 2023

UNLESS you subscribe to this webinar, you may be disappointed (a.k.a. Avoiding the pitfalls of the badly drafted unless order)

A 42BR Employment Webinar, presented by Jason Braier and Jamie Fireman.

Published: 30th May 2023

Rad Kohanzad and Andrew Carter appear in Phipps v Priory Education Services Ltd

Case summary of Phipps v Priory Education Services Ltd, provided by Andrew Carter.

Published: 18th May 2023

Testing Times: Reasonable belief in Health and Safety detriment claim and interplay with disability definition: Miles v Driver and Vehicle Standard Agency [2023] EAT 62

Gillian Crew provides a case summary for the case Miles v Driver and Vehicle Standard Agency [2023] EAT 62

Published: 5th May 2023

Employment Webinar: Developing Persuasive Witness Statements for Employment Tribunal Cases : Insights and Best Practices for those Drafting Statements

Recording of our latest Employment Law Webinar which explores how to develop persuasive witness statements in the Employment Tribunal.

Published: 20th Apr 2023

Safia Tharoo provides a brief summary of Ramadhan from an Employment Law perspective

Employment Law Barrister Safia Tharoo shares her thoughts on Ramadhan in the workplace.

Published: 22nd Mar 2023

Employment Webinar: Developing Persuasive Witness Statements for Employment Tribunal Cases : Insights and Best Practices for those Drafting Statements

Michael Salter presents a webinar looking at Witness Statements for Employment Tribunal Cases.

Published: 21st Mar 2023

When ‘without prejudice’ privilege applies in termination discussions (Scheldebouw v Evanson)

Rebecca Thomas has written an article published by Lexis Nexis.

Published: 23rd Feb 2023

Employment Webinar: It’s not what you say, it’s the way that you say it

Does the Court of Appeal decision in Kong v Gulf International Bank UK Limited dilute the protection for whistleblowers?

Published: 22nd Feb 2023

Cabin crew set to receive millions after airline collapses

Catherine Urquhart represented Unite the Union, instructed by Spencer Wood of OH Parsons LLP

Published: 8th Feb 2023

Jason Braier discusses Earl Shilton Town Council v Miller

The case considered the provision of toileting facilities and whether female staff were treated less favourably than male staff when using the same facilities

Published: 3rd Feb 2023

Jonathan Davies acts for royal protection officers in group pay claim

The Court of Appeal handed down judgment today in a group action for non-payment of allowances brought by 400 specialist police officers who formed the Royalty and Specialist Protection squad.

Published: 20th Jan 2023

Webinar: Anonymity orders in Employment Tribunals

Susan Chan and Andrew Carter present this webinar on anonymity orders in the Employment Tribunals

Published: 19th Dec 2022

Webinar: Helping a Barrister succeed at Tribunal

A webinar in which Nick Singer will provide practical tips on how to ensure an Employment Tribunal case is as effective and easy to present as possible.

Published: 22nd Nov 2022

Collective bargaining, rectification of contracts and res judicata (Tyne and Wear Passenger Transport Executive (t/a Nexus) v National Union of Rail, Maritime and Transport Workers) by Rebecca Thomas

Rebecca Thomas has written an article which Lexis Nexis has published.

Published: 11th Nov 2022

Webinar: Pause for thought: Whether the menopause should be added as a protected characteristic under the Equality Act 2010

Gillian Crew and Rebecca Thomas explore whether the menopause should be added as a protected characteristic under the Equality Act 2010

Published: 31st Oct 2022

THE MUSLIM PENALTY? 42BR Employment barristers in conversation with Shelina Janmohamed and Dr Stephen Jones

Recording of the Employment Annual Lecture 2022, The Muslim Penalty?

Published: 26th Aug 2022

Bang out of Order! Employment Webinar

Join us for an Employment Law Webinar, hosted by Jason Braier and Catherine Urquhart

Published: 16th Aug 2022

Does a corrected judgment ‘reset’ the appeal clock?

In Reverend J G Hargreaves v Evolve Housing + Support [2022 EAT 122], the Employment Appeal Tribunal has clarified when time for instituting an appeal starts to run if the Employment Tribunal has sent out a corrected judgment By Catherine Urquhart

Published: 15th Aug 2022

Pause for thought - Gillian Crew considers whether it is time to give menopausal women greater protection under equality law

Extending the list of Protected Characteristics under the Equality Act 2010 to include menopause: is it worth it?

Published: 29th Jul 2022

TUPE, Pensions and Local Authorities by Jonathan Davies

Jonathan Davies has written an training paper on TUPE, pensions and Beckmann Rights

Published: 7th Jul 2022

Rebecca Thomas has written an article on Folarin v Transport for London

Rebecca Thomas has written a case analysis which has been published by Lexis Nexis.

Published: 24th Jun 2022

Christi Scarborough successful in Employment Tribunal case Biggs & Ors v Staveley Head Limited & Ors

Christi Scarborough has been successful in the Employment Tribunal.

Published: 20th Jun 2022

Taking Leave since Smith

Employment webinar with Amy Stroud and Max Gordon.

Published: 9th Jun 2022

Employment Webinar - Living with Covid and the ending of restrictions? Is it back to normal in the workplace or back to the new normal?

A seminar looking at the first instance tribunal decisions arising out of the pandemic and considering what impact there may be on workplace practices.

Published: 16th Mar 2022

The Employment Appeal Tribunal rules on the meaning of exceptional circumstances in rule 30A, procedural irregularity, and private life under Article 8 ECHR

Arfan Khan led Alexander Rozycki from St Philips Chambers on appeal to the EAT before Mr Mathew Gullick QC (sitting as a Deputy High Court Judge).

Published: 30th Nov 2021

Employment Seminar - The Pandemic Disruption, Acceleration, Revolution?

Members of the Employment Team will take a look at some of the changes to the way we work caused by the Pandemic.

Published: 17th Nov 2021

Webinar - Pleading in the Employment Tribunal

Pleadings are the first and vital step of tribunal proceedings. This webinar aims to give practical guidance as to what should be included in a well-drafted claim and response.

Published: 14th Oct 2021

Jonathan Davies represents Royal and Specialist Protection Officers in High Court group action for overtime and unpaid allowances

Judgment has just been handed down in the High Court in a group action brought by 400 police officers serving in the Royal and Specialist Protection Squad of the Metropolitan Police.

Published: 13th Oct 2021

Prior and others -v- Commissioner of Police of the Metropolis

Jonathan Davies is working with Simons Muirhead Burton LLP on one of the most significant employment cases of the year

Published: 16th Jul 2021

Webinar: How to maximise and defend high-value claims

As the title subjects, this webinar explores what claimants and respondents can do to maximise or minimise respectively the level of compensation awarded by an ET.

Published: 15th Jun 2021

Arfan Khan and Katherine Archer succeed in establishing the correct test to be applied to sexual misconduct appeals under s.40 of the Medical Act 1983

Published: 5th May 2021

Employment: Arfan Khan led for the Appellant at a one-day in person contested hearing

Published: 15th Dec 2020

Jude Shepherd appointed as part-time Employment Judge in the Scottish Employment Tribunal

Congratulations to Jude Shepherd on her appointment as a part-time Employment Judge.

Published: 20th Sep 2020

Holiday from Hell: Quarantine and employment rights

Published: 28th Aug 2020

Money for nothing?! Why sacked employees are chasing interim relief

Published: 24th Aug 2020

Vicarious Liability: Respite for employers?

Martin Khoshdel summarises the recent Supreme Court judgement on Vicarious Liability in Wm Morrison Supermarkets PLC v Various Claimants

Published: 23rd Apr 2020

Aysha Ahmad - An Employment tribunal case involving social media and an employee’s use of WhatsApp

Published: 17th Apr 2020

Employment Tribunal decision: O'Connor v Jaguar Land Rover

Published: 6th Feb 2020

"Protecting whistleblowing research: a step too far " by Jason Braier and Shoshana Bacall of Fox & Partners

Published: 8th Nov 2019

Jason Braier on Supreme Court's decision in Gilham v MoJ (giving judges whistleblowing protection) on 16/10/2019

Published: 18th Oct 2019

Nicholas Bidnell-Edwards has overturned an Employment Tribunal’s decision to strike out a claim for Whistleblowing Detriment, and automatically Unfair Dismissal

The Employment Tribunal Judge (the “Tribunal”) chose to strike out the Claimant’s claims of Whistleblowing Detriment.

Published: 25th Sep 2019

2019 Annual Employment Lecture: What if ... your boss was an algorithm?

42 Bedford Row invites you to their 2019 Annual Employment Lecture on Thursday 3rd October 2019 at 18.00pm: Followed by a drinks reception where you will get the opportunity to meet the speakers and members from our employment team. 42 Bedford Row are delighted to announce that Professor Jeremias Adams-Prassl will deliver our 2019 Annual Lecture.

Published: 10th Sep 2019

L v Q Ltd [2019] EWCA Civ 1417

Safia Tharoo acted for Q Ltd in this case The Court of Appeal (Bean LJ and Rose LJ) has handed down its judgment in the case of L v Q Ltd, which was heard at short notice in light of the importance of the issues involved.

Published: 15th Aug 2019

McNeil v HMRC [2019] EWCA Civ 112

McNeil v HMRC [2019] EWCA Civ 112 answers the question of whether a tribunal should approach “particular disadvantage” in equal pay and indirect discrimination cases by reference to averages or differential distribution? Differential what?! Rad Kohanzad provides a summary on McNeil v HMRC [2019] EWCA Civ 112

Published: 4th Jul 2019

The Chief Constable of Norfolk v Coffey

Jason Braier provides a summary from The Chief Constable of Norfolk v Coffey judgment.

Published: 24th Jun 2019

Aston v Martlet Group

Jason Braier of 42 Bedford Row highlights some gems from the Aston v Martlet Group judgment.

Published: 28th May 2019

Nick Singer spoke to Castle Associates about the meaning of disability

Employment Law: What is a disability? Ask the Expert

Published: 20th May 2019

Managing Autism in the Workplace

09.30am, Wednesday 12th June 2019

Published: 8th Apr 2019

An Employer’s Right to Follow its Religious Beliefs – The Case of the Cohabiting Nursery Teacher

By Jason Braier

Published: 19th Feb 2019

Ranked in The Legal 500: Leading Set

Chambers are thrilled to have 13 individual recommendations/rankings in the new Legal 500 guide.

Published: 30th Oct 2018

Bad faith = the absence of good faith

New article by Rad Kohanzad on Saad v Southampton University Hospitals NHS Trust

Published: 3rd Sep 2018

Rebecca Thomas provides top tips on how to apply for flexible working

Rebecca Thomas’s straightforward guide to flexible working for Marie Claire UK.

Published: 30th Aug 2018

Employment Newsletter

Welcome to the latest roundup from our barristers at 42 Bedford Row Employment Practice, with the latest news and unique insights from our team.

Published: 23rd Aug 2018

Nicholas Bidnell-Edwards succeeded in upholding the EAT’s strict approach to time limits in the Court of Appeal

In Nicholson v. Royal Mail Group Ltd Case No: A2/2016/1002 the Appellant had sent all of the necessary documents to Fleetbank House, the building currently housing the EAT, prior to the expiry of the deadline.

Published: 16th Jul 2018

Nicholas Bidnell-Edwards has won a case involving successful claims for Constructive Unfair Dismissal, Wrongful Dismissal, Discrimination Arising from Disability, and a Failure to Make Reasonable Adju

In Thanki v. Asda Stores Limited Case No. 1801966/2016 the Claimant was a disabled man because of hypertension and depression. The Respondent required the Claimant to attend his workplace on a weekly basis as a form of keeping in touch day.

Published: 15th May 2018

Nicholas Bidnell-Edwards attended the inaugural Oxford Disability Law and Policy Conference

Nicholas attended the inaugural Oxford Disability Law and Policy Conference at Mansfield College, Oxford, which was held between 24 and 25 February 2018.

Published: 27th Feb 2018

Employment Newsletter

Welcome to the latest roundup from our barristers at 42 Bedford Row Employment Practice, with the latest news and unique insights from our team.

Published: 29th Jan 2018

Stefan Liberadzki represents Employment Tribunal claimant who successfully establishes “employee” status for claim under the Equality Act

In EP v The Gym Ltd, the Claimant (referred to here as ‘EP’) was engaged by a nationwide chain of low-cost 24-hour gyms as a “freelance personal trainer”. His claim for disability discrimination arises from the Respondent’s termination of his contract on the grounds of absence from work, which he says was caused by a medical condition amounting to a disability.

Published: 4th Jan 2018

Bianca Durrant v Chief Constable of Avon & Somerset Constabulary (No. 2) [2017] EWCA Civ 1808

Tim Adkin successfully appealed to the Court of Appeal against the decision of the High Court arising from the failure of the trial judge to consider the operation of the two-stage burden of proof and also the quantum of damages in a claim of race discrimination against a police force. The Court considered the Presidential Guidance on injury to feelings.

Published: 20th Nov 2017

Employment Newsletter

Welcome to the latest roundup from our barristers at 42 Bedford Row Employment Practice, with the latest news and unique insights from our team.

Published: 25th Oct 2017

Nicholas Bidnell-Edwards secured a substantial increase to an injury to feelings award for a victim of maternity discrimination

After Mr Bidnell-Edwards had proved a case of maternity discrimination, the Employment Judge at South London Employment Tribunal made an injury to feelings award of £10,000.00, which then increased by more than 50% to £15,332.19 as a result of i) a 10% increase for the Simmons v. Castle award; ii) a 25% uplift for breaches

Published: 9th Oct 2017

Bianca Durrant v Chief Constable of Avon & Somerset Constabulary [2017] EWCA Civ 1275

Tim Adkin successfully appealed to the Court of Appeal against the decision of the High Court arising from the failure of the trial judge to consider the operation of the two-stage burden of proof in a claim of race discrimination against a police force

Published: 25th Sep 2017

2017 Annual Employment Lecture: The Common Law Constitution At Work

42 Bedford Row invite you to their 2017 Annual Lecture on Thursday 28th September 2017 at 18.00pm: Followed by a drinks reception where you will get the opportunity to meet the speakers and members from our employment team. 42 Bedford Row are delighted to announce that Professor Alan Bogg will deliver our 2017 Annual Lecture.

Published: 11th Sep 2017

Employment Newsletter

Welcome to the latest roundup from our barristers at 42 Bedford Row Employment Practice, with the latest news and unique insights from our team. ET fees. What now? Yesterday employment practitioners up and down the land celebrated Unison’s victory in the Supreme Court but now as the news sinks the judgment raises many questions.1.

Published: 21st Aug 2017

Tiffin v Chief Constable of Surrey

Reading ET handed down Judgment yesterday in the much publicised case of Tiffin v Chief Constable of Surrey dismissing all claims. Ben Uduje acted for the Chief Constable. Overweight policewoman quits the force ‘after being pressured to pass a bleep test’

Published: 26th Jul 2017

Employment Newsletter

Welcome to the latest roundup from our barristers at 42 Bedford Row Employment Practice, with the latest news and unique insights from our team over the last month or so. An employee is thinking of quitting? Whoever is involved write it all down! I link a good article here in the Independent, as to the

Published: 3rd Jul 2017

Nicholas Bidnell-Edwards proved that an NHS Bank Healthcare Assistant working on a zero hours’ contract had been an employee though she had no obligation to accept work offered to her

Nicholas succeeded in proving that a Bank Healthcare Assistant was an employee within the meaning of Section 230 of the Employment Rights Act 1996 even though the Tribunal Judge found that: i) the Healthcare Assistant was under no obligation to accept any offer of work, and was not guaranteed a minimum amount of work; ii)

Published: 10th Apr 2017

Chambers is proud to announce that 3 February 2017 saw the second annual 42 Bedford Row Disability Law Essay Prize take place at the University of Oxford

This year’s question concerned employment law and challenged students to think about how the law should be framed so as to ensure that persons with disabilities receive equal remuneration for work of equal value. Students and attendees were given the opportunity to question a panel consisting of Lord Justice Bean, Professor Alan Bogg of Oxford

Published: 23rd Feb 2017

Nicholas Bidnell-Edwards succeeded in proving that a recruitment agency was the employer of two Claimants, and had discriminated on the ground of maternity

Nicholas Bidnell-Edwards succeeded in proving that a recruitment agency had been the employer of two Claimants, and had discriminated against them by failing to make maternity payments.

Published: 10th Jan 2017

Jude Shepherd delivers a webinar in partnership with Masterclass Training

Jude Shepherd delivers a webinar in partnership with Masterclass Training, looking at the causes of the gender pay gap and the steps being taken to close the gap by introducing mandatory gender pay gap reporting. The new Regulations have a target introduction date of 1 October 2016. Listen to the recording of the webinar to

Published: 25th Jul 2016

Suhail vs. Barking NHS TRUST and PELC

Our member Nick Singer was recently involved in an interesting and important EAT case, Suhail vs. Barking NHS TRUST and PELC (UKEAT/0536/13/RN reported on Lawtel).

Published: 7th Jul 2015

Unison (no 2) v Lord Chancellor and EHRC

This week Susan Chan of 42BR has appeared for the Lord Chancellor in the second judicial review challenge to the employment tribunal fees system brought by the union Unison. A year ago Susan successfully defended the tribunal fees scheme against Unison’s first challenge, which was backed by the Equality and Human Rights Commission (EHRC).

Published: 23rd Oct 2014

GAURILCIKIENE v TESCO STORES LTD (2014) (Court of Appeal, 10 July 2014)

Sebastian Naughton successfully resisted an appeal at a full hearing before the Court of Appeal in a case identifying the limits of procedural irregularity in the employment tribunal. The appeal was advanced on the grounds of procedurally irregularity.

Published: 16th Jul 2014

Susan Chan represents JAC in the first judicial review claim against the Judicial Appointments Commission

Judgment was handed down on 23rd May 2014 in the first judicial review claim against the Judicial Appointments Commission to be heard by a court: Jones v Judicial Appointments Commission [2014] EWH 1680 (Admin). Susan Chan of 42BR acted as sole counsel for the Judicial Appointments Commission (JAC). Mr Jones was represented by Jonathan Swift QC.

Published: 27th May 2014

Haq -v- Audit Commission – Judgment

In a new equal pay decision Haq v Audit Commission the Court of Appeal upholds the Respondent’s “genuine material factor” defence based on a form of “pay protection ”. The policy entailed that on reorganisation, employees kept the higher pay level of their old jobs where the new and old jobs were in the same

Published: 7th Dec 2012

Employment Relations (Flexible Working) Act 2023

Jason Braier discusses the Employment Relations (Flexible Working) Act 2023.

Published: 24th Jul 0023