Briefings Index (by article)

1. Volume: 74 Briefing: 988 Date: 2021 Authors Paula Lee Lara Kennedy
   Dare to compare it just got easier Review of the development of case law on the ‘common terms’ test under the Equal Pay Act 1970 (EPA) Go direct to Briefing
2. Volume: 74 Briefing: 987 Date: 2021 Author Geraldine Scullion
   The fight for equality requires tenacity and courage Equal pay Go direct to Briefing
3. Volume: 73 Briefing: 986 Date: 2021 Authors Zoe Leventhal Emma Foubister
   SH v Norfolk County Council HC finds the councils care charging policy to be unlawful and discriminates against severely disabled people who have higher care needs and face significant barriers to work. The differential impact of the policy is manifestly without reasonable Go direct to Briefing
4. Volume: 73 Briefing: 985 Date: 2021 Authors Zoe Leventhal Emma Foubister
   R (on the application of DMA, AHK, BK and ELN) & (R (on the application of AA) v Secretary of State for the Home Department HC finds that Secretary of States approach to her duty to provide accommodation for destitute failed asylum seekers is unlawful, and constitutes disability discrimination, a breach of the duty to make reasonable adjustments and a breach of the PSED. Go direct to Briefing
5. Volume: 73 Briefing: 984 Date: 2021 Author Matthew Manso de Zuniga
   Price v Powys County Council EAT dismisses the claimants appeal and confirms that there are material differences between a male employee on shared parental leave and a female employee on adoption leave. Go direct to Briefing
6. Volume: 73 Briefing: 983 Date: 2021 Author Katya Hoskings
   Cummings v British Airways The EAT emphasises the need for clarity about the nature of the comparative exercise in indirect discrimination cases and the importance of specific evidence which enables the comparison to be carried out correctly. Go direct to Briefing
7. Volume: 73 Briefing: 982 Date: 2021 Author Changez Khan
   Allay (UK) Ltd v Gehlen EAT considers whether providing equal opportunities training was enough to avoid liability and to provide the employer with a defence under s109(4) EA. Go direct to Briefing
8. Volume: 73 Briefing: 981 Date: 2021 Author Joshua Yetman
   Fratila & Tanse v SSWP CA overturns HC decision and rules that EU nationals with pre-settled status are entitled to claim Universal Credit. Article 18 TFEU applies and entitles EU citizens with a right of residence to the same benefits as UK nationals. Go direct to Briefing
9. Volume: 73 Briefing: 980 Date: 2021 Author Michael Potter
   Page v The Lord Chancellor and the Lord Chief Justice CA confirms that a magistrates removal from office was lawful and involved no breach of his human rights. He had been removed because he declared publicly that in dealing with cases involving adoption by same-sex couples, he would proceed, not on the law Go direct to Briefing
10. Volume: 73 Briefing: 979 Date: 2021 Author Claire Powell
    Commissioner of the City of London Police v Geldart CA overturns ET and EAT decision that a failure to pay London allowance to a police constable on maternity leave was direct sex discrimination. Contractually, the claimant was entitled to the allowance; as the reason for the shortfall was her absence (not Go direct to Briefing
11. Volume: 73 Briefing: 978 Date: 2021 Author Jason Braier
    All Answers Ltd v (1) W and (2) R CA overturns ET decision to consider whether the claimants impairments had a long-term effect on the basis of the facts existing at the date of the preliminary hearing rather than the date of the alleged discriminatory acts. Go direct to Briefing
12. Volume: 73 Briefing: 977 Date: 2021 Author Michael Newman
    Asda Stores Ltd v Brierley and others SC upholds ET decision that Asda workers bringing equal pay claims can compare themselves with distribution warehouse colleagues. SC gives guidance to ETs on comparability, emphasising that common terms is a threshold test to ensure that the comparators Go direct to Briefing
13. Volume: 73 Briefing: 976 Date: 2021 Author Elizabeth Cleaver
    The complexity of public law challenges during the pandemic - seeking priority access to the Covid-19 vaccine for people with learning disabilities Go direct to Briefing
14. Volume: 73 Briefing: 975 Date: 2021 Author Naomi Cunningham
    Where freedoms clash: the Higher Education (Freedom of Speech) Bill Go direct to Briefing
15. Volume: 73 Briefing: 974 Date: 2021 Author Oliver Lawrence
    The Sewell report and the meaning of institutional racism Go direct to Briefing
16. Volume: 73 Briefing: 973 Date: 2021 Author Geraldine Scullion
    Defining terms and tackling racism Go direct to Briefing
17. Volume: 72 Briefing: 972 Date: 2021 Authors Robin Moira White Sioban Calcott
    Taylor v Jaguar Land Rover Limited ET upholds discrimination claim on grounds of the protected characteristic of gender reassignment which was brought by an employee who characterised herself as gender fluid or non-binary. Go direct to Briefing
18. Volume: 72 Briefing: 971 Date: 2021 Author Robyn Taylor
    Cornerstone (North East) Adoption and Fostering Service v Office for Standards in Education, Childrens Services and Skills HC holds that an adoption and fostering agencys recruitment policy which only accepts heterosexual evangelical Christians as the potential carers of fostered children is unlawful discrimination in breach of ss19 EA on grounds of sexual orientation. The Go direct to Briefing
19. Volume: 72 Briefing: 970 Date: 2021 Authors Lara Kennedy Tariro Nyoka
    Chief Constable of Devon and Cornwall v Town EAT rules on whether transferring a pregnant officer from a frontline role to an office-based role amounts to discrimination under ss18 and 19 EA. Go direct to Briefing
20. Volume: 72 Briefing: 969 Date: 2021 Authors Matthew Manso de Zuniga Daniel Zona
    Ryan v South West Ambulance Services NHS Trust EAT allows the claimants appeal and affirms that the statutory test for indirect discrimination requires correspondence between the group and individual disadvantage and that to advance the undeserving claimant defence requires evidence that the claimants Go direct to Briefing
21. Volume: 72 Briefing: 968 Date: 2021 Author Lara Kennedy
    Sullivan v Bury Street Capital Ltd EAT upholds the ET decision that an employee who suffered paranoid delusions was not disabled because although these had a substantial adverse effect, they were not long-term as they were unlikely to last at least 12 months or recur. Go direct to Briefing
22. Volume: 72 Briefing: 967 Date: 2021 Author Yavnik Ganguly
    Steer v Stormsure Ltd EAT dismisses arguments that the absence of interim relief for discrimination/victimisation dismissal claims amounts to a breach of EU law. The EAT confirms that the absence of interim relief for such claims amounts to a breach of the ECHR, but, as it Go direct to Briefing
23. Volume: 72 Briefing: 966 Date: 2021 Author Ayisha Akamo
    Heskett v Secretary of State for Justice CA considers the extent to which costs can justify discriminatory action. Whilst costs alone cannot justify discriminatory action, the combination of costs and another factor, such as the absence of means, can be a legitimate aim justifying indirect Go direct to Briefing
24. Volume: 72 Briefing: 965 Date: 2021 Author Henrietta Hill QC
    Delve & Glynn v Secretary of State for Work and Pensions CA upholds first instance decision that pensions legislation which equalised the pension age for men and women was not discriminatory against women on grounds of age, sex, or age and sex; and that the women had not received inadequate notice of the Go direct to Briefing
25. Volume: 72 Briefing: 964 Date: 2021 Author Rea Murray
    R (on the application of Z and another) v Hackney London Borough Council and another SC finds the policy of restricting the provision of housing stock to members of the Orthodox Jewish Community to be lawful. It upholds the decisions of the Divisional Court and the CA that the statutory defences in ss158 and Orthodox Jewish Community to Go direct to Briefing