-
Volume: 58
Briefing: 788
Date: 2016
Author
Jamila Duncan-Bosu
Taiwo v Olaigbe and another; Onu v Akwiwu and another
SC holds that the mistreatment of migrant domestic workers who are vulnerable because of their precarious immigration status does not amount to direct or indirect race discrimination.
Go direct to Briefing
-
Volume: 58
Briefing: 787
Date: 2016
Author
Catherine Rayner
Dansk Industri v Estate of Karsten Eigil Rasmussen
CJEU determination of the rights of an individual to claim against an employer in age discrimination case, where the discrimination flows from a state obligation placed upon an employer, and not from the private employment relationship.
Go direct to Briefing
-
Volume: 58
Briefing: 786
Date: 2016
Author
Henrietta Hill QC
-
Volume: 58
Briefing: 785
Date: 2016
Authors
Chris Johnson
Dr Simon Ruston
Marc Willers QC
-
Volume: 57
Briefing: 784
Date: 2016
Authors
Gay Moon
Michael Newman
R (application of Mrs Janice Hawke & Mr Jeremy Hawke) v Secretary of State for Justice
High Court rules that PSED is breached, but no declaration given due to s31(2A) CJCA; notes that repeated breaches, or claim supported by EHRC, may result in declaration.
Go direct to Briefing
-
Volume: 57
Briefing: 783
Date: 2016
Author
Catherine Rayner
EAD Solicitors & Ors v Abrams
EAT upholds ET decision that an incorporated body is entitled to bring EA claim of direct discrimination where it suffers detrimental treatment because of the protected characteristic of someone with whom the company is associated.
Go direct to Briefing
-
Volume: 57
Briefing: 782
Date: 2016
Author
Michael Newman
Bethnal Green and Shoreditch Educational Trust v Dippenear
Indirect age discrimination claim fails on appeal due to lack of findings by ET about the employers practice, said to be replacing more experienced teachers with less experienced teachers.
Go direct to Briefing
-
Volume: 57
Briefing: 781
Date: 2016
Author
David Stephenson
Hak v St Christophers Fellowship
EAT held that it was not an error of law for an ET to proceed with a preliminary hearing to consider striking out a claim where an interpreter had previously been requested but did not attend.
Go direct to Briefing
-
Volume: 57
Briefing: 780
Date: 2016
Author
Michael Reed
Kelly v Covance Laboratories Limited
EAT upholds ET decision that instructions not to speak Russian in the workplace was not unlawful direct race discrimination or harassment.
Go direct to Briefing
-
Volume: 57
Briefing: 779
Date: 2016
Author
Peter Kumar
Pnaiser v (1) NHS England & (2) Coventry City Council
EAT overturns ET decision on evidence required to shift the burden of proof; it sets out the steps to take in a s15 EA disability related claim.
Go direct to Briefing
-
Volume: 57
Briefing: 778
Date: 2016
Author
Peter Nicholson
Naeem v Secretary of State for Justice
CA dismisses appeal in indirect discrimination claim finding that it was necessary to establish the underlying reason for apparent disparate impact.
Go direct to Briefing
-
Volume: 57
Briefing: 777
Date: 2016
Author
Naomi Cunningham
Griffiths v Secretary of State for Work and Pensions
CA overturns EAT and ET decisions that the reasonable adjustment duty was not engaged where an absence management process was applied to a disabled employee, because the process would have been applied in the same way to a non-disabled employee with a
Go direct to Briefing
-
Volume: 57
Briefing: 776
Date: 2016
Author
Michael Potter
Cameron Mathieson (by his father Craig Mathieson) v Secretary of State for Work and Pensions
Applying the HRA, SC holds that the application of an overlapping benefits provision to remove DLvA in respect of a severely disabled child in hospital for more than 84 days in circumstances where his parents continued to act as his primary care givers
Go direct to Briefing
-
Volume: 57
Briefing: 775
Date: 2016
Author
Catherine Rayner
Ebrahimian v France
ECtHR finds no violation of A9 ECHR when contract with Muslim social worker who refused to remove her religious dress was not renewed.
Go direct to Briefing
-
Volume: 57
Briefing: 774
Date: 2016
Author
Catherine Rayner
TUC General Secretarys inspiring address at DLAs AGM
-
Volume: 57
Briefing: 773
Date: 2016
Authors
Robin Allen
Sian McKinley
-
Volume: 57
Briefing: 772
Date: 2016
Author
Catherine Casserley
Using the potential of the United Nations Convention on the Rights of Persons with Disabilities
Go direct to Briefing
-
Volume: 56
Briefing: 771
Date: 2015
Author
Professor Brice Dickson
The Committee on the Administration of Justices Application
Northern Ireland High Court finds the Northern Ireland Executive to have broken the law by failing since 2006 to fulfill its statutory duty to adopt a strategy for tackling poverty, social exclusion and patterns of deprivation based on objective need.
Go direct to Briefing
-
Volume: 56
Briefing: 770
Date: 2015
Author
Esther Maynard
R (on the application of Hottak and anor) v Secretary of State for Foreign and Esther Maynard 30 Commonwealth Affairs and anor
High Court considers whether an employee living outside the UK and recruited abroad to work there for a British employer can make a claim of discrimination under the EA. It also considers the territorial reach of the PSED.
Go direct to Briefing
-
Volume: 56
Briefing: 769
Date: 2015
Author
Nick Fry
NHS Direct NHS Trust v Gunn
EAT upholds ET decision finding that for the purposes of the EA the claimant was an applicant for alternative employment offered before a TUPE transfer.
Go direct to Briefing
-
Volume: 56
Briefing: 768
Date: 2015
Author
Sophie Garner
Begum v Pedagogy Auras UK Ltd (t/a Barley Lane Montessori Day Nursery)
EAT upholds ET decision that no indirect discrimination occurred when health and safety rule conflicted with applicants desire to wear particular form of religious dress.
Go direct to Briefing
-
Volume: 56
Briefing: 767
Date: 2015
Author
Peter Nicholson
Chief Constable Of West Midlands Police and Ors v Harrod and Ors
EAT decides that the mass compulsory retirement of police officers following budget cuts was not indirect age discrimination because it was objectively justified.
Go direct to Briefing
-
Volume: 56
Briefing: 766
Date: 2015
Authors
Shazia Khan
Daniel Zona
Kiani v SS for the Home Department
CA affirms EAT decision that total lack of disclosure by a public authority is compatible with A6 ECHR. It rejected the argument that ZZ (France) v SS Home Department created a principle whereby individuals must be given the essence of the case against
Go direct to Briefing
-
Volume: 56
Briefing: 765
Date: 2015
Author
Shantha David
R (UNISON) v Lord Chancellor
CA rejects UNISON's case that the imposition of tribunal fees breaches the EU principle of effectiveness and the public sector equality duty, and is indirectly discriminatory.
Go direct to Briefing
-
Volume: 56
Briefing: 764
Date: 2015
Author
Michael Potter
R (on the application of SG and ors (previously JS and ors) v Secretary of State for Work and Pensions (CPAG and another intervening)
SC holds, by a majority, that the benefit cap imposed by the Benefit Cap (Housing Benefit) Regulations 2012 which has a disparate impact upon women is not manifestly without reasonable foundation and was justified.
Go direct to Briefing