Judgment on Asda Stores Ltd v Brierley and others [2021] UKSC 10 – case summary by Daisy van den Berg – Old Square Chambers

‘Judgment was handed down on 26 March 2021 by the Supreme Court in the case of Asda Stores Ltd v Brierley and others [2021] UKSC 10. It was held that employees working in Asda’s stores can use as comparators employees working in Asda’s depots for the purposes of an equal pay claim.’

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Old Square Chambers, 26th March 2021

Source: oldsquare.co.uk

Cross – establishment comparisons are generally to be permitted save in exceptional circumstances: Asda Stores Ltd v. Brierley & Ors [2019] EWCA Civ 44 – 3PB

‘This Equal Pay claim has been ongoing for some time already (since 2016) and is set to continue for some time yet. In short, the Supreme Court’s Judgment handed down 3 days ago (26th March 2021) is focused upon a narrow point, which whilst of importance and interest to both parties and their advisors, in no sense has brought closure to these proceedings which are likely to continue to attract media attention as the layers of equal value litigation unfold.’

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3PB, 29th March 2021

Source: www.3pb.co.uk

Supreme Court: Carers not entitled to minimum wage when asleep – Law Society’s Gazette

‘Care workers who “sleep-in” are not entitled to the national minimum wage when they are in bed, the Supreme Court has ruled.’

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Law Society's Gazette, 19th March 2021

Source: www.lawgazette.co.uk

Clapham vigil policing investigator is suing Home Office for sex and race bias – The Guardian

‘The investigator helping coordinate the official inquiry into the Metropolitan police’s handling of the Sarah Everard vigil and concerns over women’s safety is suing the Home Office for sex discrimination over claims that he has been penalised for being a “white man”, the Observer can reveal.’

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The Guardian, 21st March 2021

Source: www.theguardian.com

‘A lot are sceptical’: Uber drivers’ cautious welcome over worker status – The Guardian

‘On Wednesday Uber, the taxi hailing app, began offering 70,000 UK drivers a minimum hourly wage, holiday pay and pensions after years of legal battles.’

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The Guardian, 18th March 2021

Source: www.theguardian.com

Courts close in on gig economy firms globally as workers seek rights – The Guardian

‘Gig economy companies, including Uber and Deliveroo, have faced at least 40 major legal challenges around the world as delivery drivers and riders try to improve their rights.’

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The Guardian, 17th March 2021

Source: www.theguardian.com

For Whom the Bell Tolls: “Contract” in the Gig Economy – Oxford Human Rights Hub

‘Are Uber drivers ‘limb (b) workers’ and so entitled to fundamental statutory rights such as the minimum wage and working time protections? In a decision of fundamental significance, six Justices of the United Kingdom Supreme Court (UKSC) upheld the original Employment Tribunal (ET) decision that the drivers were ‘limb (b) workers. In reaching this conclusion, the UKSC endorsed the ‘purposive’ approach that had been set down in the earlier case of Autoclenz v Belcher by Lord Clarke.’

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Oxford Human Rights Hub, 7th March 2021

Source: ohrh.law.ox.ac.uk

Low Pay Commission to review minimum wage exemption for domestic staff – The Guardian

‘The government has asked the Low Pay Commission to review a rule exempting live-in domestic workers from minimum wage regulations. It comes after an employment tribunal in December found that the exemption was discriminatory against women. The tribunal heard extensive evidence that women are far more likely to be employed as family workers than men.’

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The Guardian, 7th March 2021

Source: www.theguardian.com

Women earn two-thirds less than men in top finance roles – report – The Guardian

Posted March 1st, 2021 in banking, equality, news, remuneration, sex discrimination, statistics, women by tracey

‘Female directors at the UK’s largest financial services firms earn on average two-thirds less than their male counterparts, new research shows, underlining the pay gap that still exists between men and women at the highest levels in the financial sector.’

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The Guardian, 1st March 2021

Source: www.theguardian.com

UK firms given six months’ grace on gender pay gap reporting – The Guardian

Posted February 23rd, 2021 in enforcement, gender, news, notification, remuneration, time limits by tracey

‘Companies that fail to meet the gender pay gap reporting deadline of 4 April will be given a six-month reprieve before any enforcement action is taken against them. The Equality and Human Rights Commission (EHRC) said companies should report by the deadline if possible, but confirmed it would not begin enforcement proceedings until 4 October.’

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The Guardian, 22nd February 2021

Source: www.theguardian.com

Uber drivers “set for £12k awards” after Supreme Court ruling – Litigation Futures

‘Tens of thousands of Uber drivers could be entitled to £12,000 in compensation, lawyers said today after the Supreme Court ruled they should be classed as workers.’

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Litigation futures, 19th February 2021

Source: www.litigationfutures.com

The impact of Covid-19 on women’s sport – how the virus compounds funding disparities – Littleton Chambers

Posted January 26th, 2021 in coronavirus, news, remuneration, sport, women by sally

‘The impact of Covid-19 on sport has been significant but not all sports, or athletes, have been affected equally. In particular women’s sport and women’s teams have experienced the pandemic very differently from their male counterparts.’

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Littleton Chambers, 18th January 2021

Source: littletonchambers.com

Pinto: Gender parity a long way off in fraud work – Legal Futures

‘The immediate past chair of the Bar Council has welcomed work by the Crown Prosecution Service (CPS) to ensure greater gender parity in its instructions but said female fraud barristers are “a long way from parity” with their male colleagues.’

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Legal Futures, 8th January 2021

Source: www.legalfutures.co.uk

Research lays bare gender disparities in publicly funded advocacy – Legal Futures

Posted January 5th, 2021 in barristers, equality, legal aid, news, queen's counsel, remuneration, reports, women by sally

‘There are “significant gender disparities” in barristers’ access to work and pay across both criminal and civil publicly funded work, research by a circuit judge has found.’

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Legal Futures, 5th January 2021

Source: www.legalfutures.co.uk

Big firm reveals 23% pay gap between white and BAME staff – Law Society’s Gazette

Posted December 15th, 2020 in diversity, law firms, minorities, news, remuneration, reports by tracey

‘Listed firm DWF has published its ethnicity pay gap for the first time, admitting it is “not where it needs to be” in terms of black, Asian and minority ethnic (BAME) representation at senior levels. According to the firm’s annual pay gap report, BAME employees and partners earn 23% less on average than their white colleagues. The combined ethnicity bonus gap is 22% in mean terms.’

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Law Society's Gazette, 15th December 2020

Source: www.lawgazette.co.uk

Law Society: Race inclusion in profession not improving quickly enough – Legal Futures

‘Actions to improve race inclusion in the solicitors’ profession are not delivering change quickly enough, Law Society research has found, highlighting a significant ethnicity pay gap.’

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Legal Futures, 9th December 2020

Source: www.legalfutures.co.uk

Boris Johnson ‘acted illegally’ over jobs for top anti-Covid staff – The Guardian

‘Boris Johnson and his health secretary, Matt Hancock, acted “unlawfully” when appointing three key figures – including the head of NHS Test and Trace, Dido Harding – to posts in the fight against Covid-19, according to a legal challenge submitted by campaigners to the high court.’

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The Guardian, 21st November 2020

Source: www.theguardian.com

Justifying Austerity – Not Solely a Question of Cost – Littleton Chambers

Posted November 19th, 2020 in age discrimination, budgets, news, probation, remuneration by sally

‘On 11 November 2020, the Court of Appeal dismissed the appeal in Heskett -v- Secretary of State for Justice [2020] EWCA Civ 1487, holding that the “pay freeze” imposed on probation officers as the result of the Government’s austerity measures, which might otherwise have been regarded as indirectly age discriminatory, was capable of being justified as a proportionate means of achieving a legitimate aim.’

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Littleton Chambers, 12th November 2020

Source: littletonchambers.com

Legal aid lawyers under severe pressure because of Covid – Legal Futures

‘Four-fifths of legal aid lawyers have experienced stress as a result of the pandemic, with more than half of them blaming longer working hours, according to a survey.’

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Legal Futures, 18th November 2020

Source: www.legalfutures.co.uk

Is “Compensation” Back to the Fore in Financial Remedy Proceedings – Becket Chambers

‘The brief facts of the matter are that the parties cohabited and were married for a total of 11 years. They had two children, aged 8 and 10. When they met both the Husband (H) and the Wife (W) were working as solicitors with H an associate and W a trainee although W became an associate on qualifying in 2001. They started a relationship in 2002/3 and in that year, H became an equity partner. By 2019 he earned net of tax just short of £1m per annum. In 2006 W became a managing associate, and in 2007 cohabitation started. Later that year W left the firm to be an in-house lawyer at a bank (on the promise she could work part time if she had children). In 2010 she was made a director, although after her maternity leave she found she was not permitted to work part time in the legal department, and took a part time role in the business team. In 2016 she was made redundant, and she did not work after that.’

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Becket Chambers, 2nd November 2020

Source: becket-chambers.co.uk