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Volume: 56
Briefing: 763
Date: 2015
Author
Sally Robertson
Matrellis v Ypourgos Dikaiosynis kai Anthropinon Dikaiomaton
CJEU rules that national legislation cannot deprive a male civil servant of the right to parental leave on the ground that his wife does not work or exercise any profession.
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Volume: 56
Briefing: 762
Date: 2015
Author
Catherine Rayner
Chez Razpredelenie Bulgaria AD v Komisia za zashita ot disckriminatsia
CJEUs Grand Chamber rules that Directive 2000/43/EC can be interpreted to permit a claimant to claim indirect discrimination on grounds of race or ethnic origin because of her association with the disadvantaged group.
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Volume: 56
Briefing: 761
Date: 2015
Author
Geraldine Scullion
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Volume: 56
Briefing: 760
Date: 2015
Authors
Geoffrey Bindman, Harminder Singh, Camilla Palmer
Gay Moon, Karon Monaghan, Tufyal Choudhury
Catherine Casserley, Barbara Cohen
The distance travelled to secure legal protection and the road ahead to real equality
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Volume: 56
Briefing: 759
Date: 2015
Author
Stephanie Harrison QC
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Volume: 55
Briefing: 758
Date: 2015
Author
David Stephenson
Traveller Movement & Others v JD Wetherspoon plc
Central London County Court upholds direct race discrimination claims when Irish Traveller Movement conference attendees, including Irish Travellers, Romani Gypsies and others associated with them, were refused service in the defendants public house.
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Volume: 55
Briefing: 757
Date: 2015
Author
Lisa Taggart
Lee v Ashers Baking Company
Belfast County Court upholds complaints of discrimination on grounds of sexual orientation, religious belief and political opinion in the provision of goods and services.
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Volume: 55
Briefing: 756
Date: 2015
Author
Emma Webster
Cranwell v Cullen & Sterling v United Learning Trust
EAT upholds ETs rejection of ET1s where the strict form filling requirements of ACAS early conciliation had not been met.
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Volume: 55
Briefing: 755
Date: 2015
Author
Peter Nicholson
Henderson v GMB
EAT considers claims of direct discrimination and harassment based on a protected belief in left-wing democratic socialism.
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Volume: 55
Briefing: 754
Date: 2015
Author
Michael Newman
EF & NP v AB & Ors
EAT overturns ET decision and permanently extends a restricted reporting order to cover a respondent and non-party.
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Volume: 55
Briefing: 753
Date: 2015
Authors
Shazia Khan
Daniel Zona
Chersterton Global Ltd & Verman v Nurmohamed
EAT dismisses employers appeal affirming that the employees whistle-blowing concerning a change to his personal pay structure was in the public interest. So long as the individual when making the disclosure has within their contemplation that the
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Volume: 55
Briefing: 752
Date: 2015
Author
Katya Hosking
Home Office (UK Border Agency) v Essop
Overturning the EAT, the CA holds that a claimant in an indirect discrimination case must show that his own disadvantage arises for the same reason as the group disadvantage. However, statistical evidence may in principle be sufficient to shift the burden
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Volume: 55
Briefing: 751
Date: 2015
Author
Henrietta Hill
Benkharbouche v Embassy of Sudan, Janah v Libya
CA makes declarations that in preventing embassy staff from bringing employment claims against embassies, the State Immunity Act 1978 infringed the Articles 6 and 14 ECHR.
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Volume: 55
Briefing: 750
Date: 2015
Author
Jenny Earle
R (Coll) v SS for Justice
CA rejects sex discrimination claim against Justice Secretary in challenge to lack of approved premises for women leaving prison.
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Volume: 55
Briefing: 749
Date: 2015
Author
Sally Robertson
CLFIS v Mary Reynolds
CA upholds ET judgment that decision-maker was not motivated by age; the motivation of others who supplied tainted information could not render the act in question discriminatory because of age.
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Volume: 55
Briefing: 748
Date: 2015
Author
Joanna Whiteman
R (SG and others) v SS for Work and Pensions
SC majority decides the particular disadvantage faced by lone mothers as a result of the benefit cap is justified and does not breach Article 14 in conjunction with Article 8 ECHR. However, three justices consider that, if UNCRC was directly applicable,
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Volume: 55
Briefing: 747
Date: 2015
Author
Catherine Casserley
Akerman-Livingstone v Aster Communities Limited (formerly Flourish Homes Limited)
SC distinguishes approach to be taken to s15 EA discrimination defence from the proportionality assessment applied to Article 8 ECHR holding that the substantive right to equal treatment protected by the EA is different from and extra to the Article 8
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Volume: 55
Briefing: 746
Date: 2015
Author
Catherine Rayner
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Volume: 55
Briefing: 745
Date: 2015
Author
Louise Whitfield
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Volume: 54
Briefing: 744
Date: 2015
Author
Michael Reed
Windle v Secretary of State for Justice
EAT overturns ET judgment which had incorrectly considered the lack of mutuality of obligation between assignments to be relevant to the question of whether there was a contract to personally do work.
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Volume: 54
Briefing: 743
Date: 2015
Author
Peter Nicholson
Chandhok & Anor v Tirkey
EAT holds caste can come within the definition of race under s9(1) EA.
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Volume: 54
Briefing: 742
Date: 2015
Author
Nick Fry
Saad v UHS NHS Trust
EAT upholds ET decision which had properly considered the long-term effect of the claimants impairment on his ability to work.
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Volume: 54
Briefing: 741
Date: 2015
Author
Parminder Sanghera
Moore and Coates v SSCLG and London Borough of Bromley and Dartford Borough Council and EHRC
High Court quashes the SSCLGs decisions to recover for his own determination the planning appeals of two Romani Gypsies. The SSCLG had indirectly discriminated against Gypsies and Travellers, breached his PSED and article 6 ECHR.
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Volume: 54
Briefing: 740
Date: 2015
Author
Michael Reed
Halawi v WDFG UK Ltd t/a World Duty Free
CA rejects discrimination appeal as claimant was not an employee: there was no obligation on the claimant to do work personally nor any form of economic dependence or subordination normally required to establish an employment relationship.
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Volume: 54
Briefing: 739
Date: 2015
Author
Catherine Casserley
Thomas Cook Tour Operations Ltd v Campbell (No.1) [2014] EWCA Civ 1668, October 30, 2014; Campbell v Thomas Cook Tour Operations Ltd (No.2) Sheffield County Court, Case No.2 YK 74402 [2014] EqLR 655, September 29, 2014
Application of EA to disability discrimination in provision of services abroad
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