Nathaniel Caiden

Barrister at Cloisters specialising in employment, discrimination, and equality.

[Michael Foran @michaelpforan]

I think I’ve now realised I misread your initial tweet and thought there was another case relevant for this. I think the best I can do on each of these is:

Instruct: direct command/order to engage in proscribed conduct, where mental element must include all aspects of the tort. So for direct discrimination must include intention that B act on the basis of the protected characteristic but for indirect only that that B implement the PCP in question.

Induce: persuade either verbally or via carrot/stick to engage in proscribed conduct. Need not be an instruction but must have same mental element where intention is for B to act with all aspects of the tort.

Cause: but for causation plus where it’s fair, reasonable and just to impose liability.

[Cloisters @CloistersLaw]

Catch the latest episode of Daniel Barnett's Employment Law Matters podcast where @CloistersLaw member Nathaniel Caiden (@ncbarrister) provides his insight into amendment applications.

Click the link below to listen to the full episode:

https://t.co/0iklSdEs3N

[Cloisters @CloistersLaw]

Cloisters’ Robin Allen KC and Dee Masters have developed a new AI Employment Bill in partnership with Grace Corby, Jon Cook, @The_TUC and @MCTDCambridge which is a ready-to-go blueprint for regulating AI at work. Read it here ➡️ https://t.co/wwSFuxabfE

[Caspar Glyn KC @CasparKC]

This is just such great news which makes me very happy. So pleased for the very clever, very able and outstanding advocates @AnnaCBeale and @SFraserButlin
👏 👏

[Nathaniel Caiden @ncbarrister]

@gusbb1990 @CasparKC the extent to which the new claim is in substance the same as, similar to, or wholly different from the originally pleaded claim"

[Nathaniel Caiden @ncbarrister]

My new #ukemplaw article on “Reconsidering Amendments” which in particular consider the diminishing relevance of time limits in amendment applications: https://t.co/enFoHtFfUi

[Nathaniel Caiden @ncbarrister]

@gusbb1990 @CasparKC time limits are a relevant, but not decisive, factor because an amendment application should not too easily become a means of circumventing the limitation periods which Parliament has laid down for tribunal claims...weight to be given to that consideration equally depends upon...

[Nathaniel Caiden @ncbarrister]

@gusbb1990 @CasparKC Arguably Eversheds is a paradigm type case that disproves the assumed #ukemplaw practitioner approach - if it is a new cause of action under ERA/reasonably practicable you need a good argument on NR for the amendment to be allowed. But that isn't the case imo

[Nathaniel Caiden @ncbarrister]

@gusbb1990 @CasparKC At [35]-[36] EAT assumed that it was both out of time and was 'reasonably practicable' to bring in time. The conc though was not decisive to the amendment and it was allowed

[Nathaniel Caiden @ncbarrister]

@JasonBraier Good #ukemplaw thread – as always! But standing back this case and others such as Vaughan, and Arian made me think the categorisation approach in many practitioner texts is not so helpful. https://t.co/enFoHtFfUi

[Nathaniel Caiden @ncbarrister]

Interested to have other thoughts by #ukemplaw practitioners. Is there a factor missing from my list? Do you think my interpretation of the direction of the case law is wrong?

[Dr Julia Shaw @drjuliashaw]

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