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Volume: 54
Briefing: 738
Date: 2015
Author
Emma Satyamurti
FirstGroup plc and Paulley
CA overturns county court decision that requiring, rather than requesting, non-wheelchair using passengers to vacate the designated wheelchair space on a bus when needed by a wheelchair user, was a reasonable adjustment the bus company was required to
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Volume: 54
Briefing: 737
Date: 2015
Author
Alison Harvey
Gudanaviciene et ors v Director of Legal Aid Casework and the Lord Chancellor
CA holds that the Director of Legal Aid Casework's guidance on the operation of the exceptional case funding scheme under s10 LASPO is unlawful and misstates the law. Also addresses the scope of Schedule 1 LASPO in respect of refugee family reunion and
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Volume: 54
Briefing: 736
Date: 2015
Author
Michael Newman
Nayif v High Commissioner of Brunei Darussalam
CA overturns High Court and holds that defence of issue estoppel was not available when appellant's ET claim had not been considered by the tribunal as it was presented out of time.
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Volume: 54
Briefing: 735
Date: 2015
Author
Razia Karim
Cary v Commissioner of Police for the Metropolis
CA provides guidance on the appointment of assessors in county court discrimination cases
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Volume: 54
Briefing: 734
Date: 2015
Author
Catherine Rayner
Fag og Arbejde, acting on behalf of Karsten Kaltoft v Kommunernes Landsforening acting on behalf of the Municipality of Billund
CJEU holds that obesity is not a characteristic protected by EU directive 2000/78/EC nor is it of itself a disability
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Volume: 54
Briefing: 733
Date: 2015
Author
Nimrod Ben-Cnaan
Gateway or gatekeeper? Some findings from the civil legal aid telephone gateway review
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Volume: 54
Briefing: 732
Date: 2015
Author
Brice Dickson
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Volume: 53
Briefing: 731
Date: 2014
Author
Catherine Casserley
Howard v Metropolitan Police Service
ET upholds complaints of victimisation and direct sex and race discrimination; it makes an extensive series of recommendations for action by the respondent.
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Volume: 53
Briefing: 730
Date: 2014
Author
Katya Hosking
Essop v Home Office (UK Border Agency)
EAT overturns ET decision preventing indirect discrimination case from succeeding unless claimant could prove the reason why he was disadvantaged, as well as the fact he had suffered a group-based disadvantage.
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Volume: 53
Briefing: 729
Date: 2014
Author
Brenda Parkes
Fraser v Leicester University
EAT upholds ET dismissal; the ET had correctly looked at the discrimination allegations individually, as well as looking at the big picture.
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Volume: 53
Briefing: 728
Date: 2014
Author
Gay Moon
(Winder and Others) v Sandwell Metropolitan Borough Council and the Equality and Human Rights Commission (intervening)
High Court upholds JR challenge to the Councils residency requirement for entitlement to council tax rebate.
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Volume: 53
Briefing: 727
Date: 2014
Author
John Halford
The Queen on the Application of the Public Law Project v The Secretary of State for Justice
High Court finds residence test for eligibility for civil legal aid amounts to unlawful discrimination.
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Volume: 53
Briefing: 726
Date: 2014
Author
Michael Reed
R (on the application of MA) v Secretary of State for Work and Pensions
CA dismisses appeal holding that Secretary of States approach was not disproportionate; the discrimination arising from the application of the bedroom tax to disabled claimants was justified.
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Volume: 53
Briefing: 725
Date: 2014
Author
Peter Nicholson
Hainsworth v Ministry of Defence
CA confirms that employers do not have a duty to make reasonable adjustments for non-disabled employees associated with disabled people.
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Volume: 53
Briefing: 724
Date: 2014
Author
Michael Newman
Hounga v Allen
SC overturns CA decision that illegality was a defence to a discrimination claim brought by a trafficked migrant worker; held that the defence of illegality does not apply as the integrity of the legal system was not jeopardized by allowing the
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Volume: 53
Briefing: 723
Date: 2014
Author
Mohini Bharania
SAS v France
ECtHR upholds French burqa ban - interference with right to freedom of religion is legitimate in terms of respect for the minimum requirements of life in society or living together.
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Volume: 53
Briefing: 722
Date: 2014
Author
Geraldine Scullion
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Volume: 53
Briefing: 721
Date: 2014
Author
Binder Bansel
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Volume: 53
Briefing: 720
Date: 2014
Author
Catherine Rayner
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Volume: 53
Briefing:
Date: 2014
Authors
Catherine Casserley
Barbara Cohen
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Volume: 52
Briefing: 719
Date: 2014
Author
Caroline Gooding
Kurtagja v Department of Work and Pensions, Sheffield County Court
Where a tribunal has ruled on a social security appeal this does not prevent discrimination claims being brought under the EA; these may be brought in the county court by way of JR.
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Volume: 52
Briefing: 718
Date: 2014
Author
Michael Reed
Wilejesundera v Heathrow 3PL Logistics Ltd
EAT overturns ET decision that illegal working prevents claim for unlawful harassment; as the harassment was not inextricably bound up with the claimants illegal conduct, she was entitled to protection.
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Volume: 52
Briefing: 717
Date: 2014
Author
Peter Nicholson
Solicitors Regulation Authority v Mitchell
EAT upholds ETs decision that the respondents false explanation for its less favourable treatment of the claimant constituted something more for the purposes of shifting the burden of proof from the claimant to the respondent.
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Volume: 52
Briefing: 716
Date: 2014
Author
Nick Fry
Grace v Places for Children
EAT agrees with ETs decision that employer was reasonable to dismiss for the way in which the employee manifested their religion; however the decision should not be read as drawing a clear distinction between holding a belief and manifesting it.
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Volume: 52
Briefing: 715
Date: 2014
Author
Sharon Wardale
Keohane v Commissioner of Police for the Metropolis
EAT partially overturns ET decision that a Police Officer had not been subjected to indirect sex discrimination by having one of her search dogs removed from her as a result of her pregnancy. The ET had wrongly concluded that matters which gave rise to a
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