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Briefings Index (by article)

  1. 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
  2. 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
  3. Volume: 58 Briefing: 786 Date: 2016 Author Henrietta Hill QC
    The Battle of Orgreave: why an inquiry is needed Go direct to Briefing
  4. Volume: 58 Briefing: 785 Date: 2016 Authors Chris Johnson Dr Simon Ruston Marc Willers QC
    Who is a Gypsy or Traveller? Go direct to Briefing
  5. 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
  6. 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
  7. 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
  8. 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
  9. 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
  10. 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
  11. 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
  12. 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
  13. 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
  14. 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
  15. Volume: 57 Briefing: 774 Date: 2016 Author Catherine Rayner
    TUC General Secretarys inspiring address at DLAs AGM
  16. Volume: 57 Briefing: 773 Date: 2016 Authors Robin Allen Sian McKinley
    2016 and crystal balls: a querulous look to the year ahead! Go direct to Briefing
  17. 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
  18. 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
  19. 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
  20. 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
  21. 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
  22. 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
  23. 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
  24. 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
  25. 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