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Briefings Index (by article)

  1. Volume: 72 Briefing: 963 Date: 2021 Author Catherine Casserley
    VL v Szpital Kliniczny im. dra J. Babi?skiego, Samodzielny Publiczny Zak?ad Opieki Zdrowotnej w Krakowie CJEU holds that the principle of equal treatment enshrined in Directive 2000/78/EC is intended to protect a worker who has a disability against any discrimination on the basis of that disability, not only as compared with workers who do not have Go direct to Briefing
  2. Volume: 72 Briefing: 962 Date: 2021 Authors Robin Allen QC Dee Masters
    Artificial Intelligence and the risk of discrimination in the workplace Go direct to Briefing
  3. Volume: 72 Briefing: 961 Date: 2021 Author Jacqueline McKenzie
    A critique of the Windrush Lessons Learned Review Go direct to Briefing
  4. Volume: 71 Briefing: 960 Date: 2020 Author Tessa Buchanan
    Stephen Tyler v Paul Carr Birmingham County Court declares that the defendant estate agent had unlawfully indirectly discriminated against the claimant by applying to him the PCP of refusing to consider applicants in receipt of Housing Benefit in respect of three private rented Go direct to Briefing
  5. Volume: 71 Briefing: 959 Date: 2020 Author Rea Murray
    R (Lorraine Cox) v Department for Communities and Secretary of State for Work and Pensions High Court holds that the effect of the legislative definition of terminal illness amounted to unlawful discrimination against the claimant and had not been justified. Go direct to Briefing
  6. Volume: 71 Briefing: 958 Date: 2020 Authors Elaine Banton Joshua Yetman
    Fratila and Tanase v Secretary of State for Work and Pensions High Court dismisses challenge to rules which deny entitlement to Universal Credit to claimants with pre-settled status under the EU Settlement Scheme. Nevertheless, although the appellants did not have a right of residence in the UK, the court holds Go direct to Briefing
  7. Volume: 71 Briefing: 957 Date: 2020 Author Yavnik Ganguly
    Hill v Lloyds Bank EAT upholds ET decision that the employer should provide the reasonable adjustment of an undertaking to an employee for an indefinite period of time. The EAT also provides insight on recommendations which can be given by ETs and holds that there is no Go direct to Briefing
  8. Volume: 71 Briefing: 956 Date: 2020 Author Claire Powell
    DWP v Boyers EAT overturns ET decision that the DWP was not justified in its decision to dismiss a disabled employee who was on long-term absence for ill health. Go direct to Briefing
  9. Volume: 71 Briefing: 955 Date: 2020 Author Kate Egerton
    Morton v Eastleigh CAB CA rejects claimants appeal against EJs refusal of adjournment to obtain further medical reports. Respondent had conceded she was disabled; the tribunal had her witness evidence, contemporaneous medical records and a report by an occupational therapist. Go direct to Briefing
  10. Volume: 71 Briefing: 954 Date: 2020 Author Sally Robertson
    Robinson v DWP Discrimination arising from disability: a but for test is not permissible; the unfavourable treatment must be because of the something arising from disability and that requires examination of the alleged discriminators thought processes. Go direct to Briefing
  11. Volume: 71 Briefing: 953 Date: 2020 Authors Elaine Banton Joshua Yetman
    ODonnell v Department for Communities CA holds that the provisions governing receipt of bereavement support payments in Northern Ireland resulted in unlawful indirect associative disability discrimination, and were incompatible with ECHR Article 14, read with Article 8 and Protocol 1 Article Go direct to Briefing
  12. Volume: 71 Briefing: 952 Date: 2020 Author Toby Vanhegan
    Luton Community Housing Ltd v Durdana, McMahon v Watford BC and Kiefer v Hertsmere BC CA considers the PSED in an appeal by a local authority in a housing possession claim and two homelessness appeals. Held that there was no breach of the PSED in the homelessness appeals; held in the possession claim that although there was a breach it was Go direct to Briefing
  13. Volume: 71 Briefing: 951 Date: 2020 Author Megan Goulding
    Bridges v CC South Wales Police & others CA finds that South Wales Police failed to fulfil its PSED in relation to its trial of facial recognition technology and holds that the police had not investigated whether its software had an unacceptable bias on grounds of race or sex. Go direct to Briefing
  14. Volume: 71 Briefing: 950 Date: 2020 Author Catherine Casserley
    VL v Szpital Kliniczny im. dra J. Babi?skiego & others CJEU Advocate General considers that Council Directive 78/2000/EC prohibits indirect discrimination between two workers with different disabilities. Go direct to Briefing
  15. Volume: 71 Briefing: 949 Date: 2020 Authors Adam Straw Tayyiba Bajwa
    Justifying Article 14 discrimination Go direct to Briefing
  16. Volume: 71 Briefing: 948 Date: 2020 Authors Declan ODempsey Akua Reindorf Chris Milsom
    Legal avenues for holding the government to account Where now for the Public Health England COVID-19 Disparities Review? Go direct to Briefing
  17. Volume: 70 Briefing: 947 Date: 2020 Author Preetika Mathur
    Dr R Heal v The Chancellor, Master and Scholars of the University of Oxford & Others EAT upholds ET decision that the tribunal was entitled to deal with a request to make an audio recording of proceedings (a disability-related reasonable adjustment) as a case management issue at a preliminary hearing. In doing so, the EAT also provided Go direct to Briefing
  18. Volume: 70 Briefing: 946 Date: 2020 Author Sally Robertson
    Chief Constable of Gwent Police v Parsons & Roberts EAT upholds EU decision on discrimination arising in consequence of disability. The respondent had mistakenly interpreted the police regulations and failed to provide sufficient evidence to justify capping the voluntary exit payments made to disabled Go direct to Briefing
  19. Volume: 70 Briefing: 945 Date: 2020 Author Shereen Brogan
    Royal Bank of Scotland PLC v AB EAT accepts ETs finding that RBS failed to make reasonable adjustments in a claim for psychiatric injury caused by the employers discriminatory actions. However, it found that the ET had misapplied s1(2) of the Mental Capacity Act 2005 and it should have Go direct to Briefing
  20. Volume: 70 Briefing: 944 Date: 2020 Author Jonathan Boyle
    SSHD v JCWI and others CA overturns HC decision and holds that the right to rent scheme is a proportionate means of achieving its legitimate aim of deterring illegal immigration. Go direct to Briefing
  21. Volume: 70 Briefing: 943 Date: 2020 Author Yavnik Ganguly
    Ishola v Transport for London CA dismisses claimants submissions that all actions or decisions by an employer remediable by a reasonable adjustment qualify as a PCP. Simler LJ provides analysis on when one-off acts or decisions by employers can qualify as PCPs. Go direct to Briefing
  22. Volume: 70 Briefing: 942 Date: 2020 Authors Ryan Bradshaw Claudia Almeida
    Chief Constable of Leicestershire v Hextall; Ali v Capita Customer Management CA holds that it is neither discriminatory nor a breach of the equal pay sex equality clause for employers not to pay male employees enhanced shared parental pay at the same level as any enhanced maternity pay they offer to female employees. Go direct to Briefing
  23. Volume: 70 Briefing: 941 Date: 2020 Authors Zoe Johannes Paige Jones
    Alfred McConnell & YY v Registrar General for E&W; SS Health and Social Care; Minister for Women and Equalities; SS Home Dept & Aire Centre CA upholds HC ruling that the decision to require a trans man who gave birth to his son to register as mother on the birth certificate is lawful under the Gender Recognition Act 2004. CA held that while the decision interfered with the appellants rights Go direct to Briefing
  24. Volume: 70 Briefing: 940 Date: 2020 Authors Marc Willers QC Tessa Buchanan
    London Borough of Bromley CA dismisses a local authoritys appeal against High Court refusal to grant a borough-wide injunction which would prevent unauthorised encampments in its area and gives guidance on borough-wide injunctions. Such injunctions, which disproportionately affect Go direct to Briefing
  25. Volume: 70 Briefing: 939 Date: 2020 Author Claire Powell
    NH v Associazione Avvocatura per i diritti LGBTI - Rete Lenford CJEU confirms that comments made in a radio interview can constitute discrimination under the Equal Treatment Framework Directive 2000/78; the connection between the comments and potential employment must be more than hypothetical. Go direct to Briefing