Briefings Index (by article)

Volume: 66 Briefing: 888 Date: 2019 Author Catherine Casserley

Williams v Trustees of Swansea University Pension & Assurance Scheme & Ors SC considers the meaning of unfavourable in the context of s15 EA, giving short shrift to the appellants contention that calculation of his ill-health pension enhancement on the basis of his (disability related) reduced hours was unfavourable. Go direct to Briefing

Volume: 66 Briefing: 887 Date: 2019 Author Mohini Bharania

Moral and economic imperatives for ethnicity pay reporting Go direct to Briefing

Volume: 66 Briefing: 886 Date: 2109 Author Daphne Romney QC

Establishing a valid comparator in equal pay claims Go direct to Briefing

Volume: 66 Briefing: 885 Date: 2019 Authors Catherine Rayner Michael Newman

Urgent action demanded on disproportionate impact of austerity on protected groups to enable their access to justice Go direct to Briefing

Volume: 66 Briefing: 884 Date: 2019 Authors Leila Moran Kiran Daurka

Challenging assumptions and bias Go direct to Briefing

Volume: 65 Briefing: 883 Date: 2018 Author Catherine Casserley

C & C v The Governing Body of a School Upper Tier Tribunal finds that the Equality Act (Disability) Regulations 2010 are incompatible with ECHR right to education. Go direct to Briefing

Volume: 65 Briefing: 882 Date: 2018 Author Catherine Casserley

Plummer v Royal Herbert Freehold Ltd County Court finds that the management company breached its duty to make reasonable adjustments under the EA services provisions; it indirectly discriminated against P in respect of what building alteration works it undertook. Court awarded 9,000 damages Go direct to Briefing

Volume: 65 Briefing: 881 Date: 2018 Author Mary Kitson

Hanna v Eventsec Northern Ireland County Court finds that a service provider acted unlawfully and failed to make reasonable adjustments in relation to its admissions policy when it refused permission for a diabetic customer to bring a Lucozade drink, which she used to Go direct to Briefing

Volume: 65 Briefing: 880 Date: 2018 Author Sally Robertson

X v Y Ltd. No legal advice privilege in an email advising the employer how to cloak discrimination in a redundancy exercise. That email crossed the high bar of iniquity: it was so unconscionable as to be contrary to public policy. Go direct to Briefing

Volume: 65 Briefing: 879 Date: 2018 Author Sally Robertson

Dunn v Secretary of State for Justice & HM Inspectorate of Prisons A flawed early retirement process did not constitute disability discrimination. CA agrees with EATs substituted decision to dismiss the claim, rather than remit to the ET. On the facts found and argued, only one answer was possible: no discrimination. Go direct to Briefing

Volume: 65 Briefing: 878 Date: 2018 Author Shazia Khan

Unite v Nailard CA holds that Unite was liable for the acts of its lay officials because they were acting Tariro Nyoka as its agents; the union was not liable for failures of its employed union officials to prevent discrimination by third-party lay officials. Go direct to Briefing

Volume: 65 Briefing: 877 Date: 2018 Author Louise Whitfield

R (Steinfeld and Keidan) v Secretary of State for International Development SC allows appeal of different-sex couple on basis that unavailability of civil partnerships to them is in breach of HRA 1998. Governments wait and evaluate approach is not justification for on-going discrimination. Go direct to Briefing

Volume: 65 Briefing: 876 Date: 2018 Author Laura McMahon

McLaughlin, Judicial Review (Northern Ireland) SC overturns CA decision and holds that the law which prevents unmarried people from claiming widowed parents allowance is incompatible with article 14 ECHR, read with article 8. Go direct to Briefing

Volume: 65 Briefing: 875 Date: 2018 Author Catherine Casserley

MB v SS Work and Pensions CJEU holds the Gender Recognition Act 2004 requirement that, in order for a gender recognition certificate to be granted, the applicants marriage had to be annulled, may constitute direct sex discrimination. Go direct to Briefing

Volume: 65 Briefing: 874 Date: 2018 Author Jessica Smeaton

Practice and procedure update Go direct to Briefing

Volume: 65 Briefing: 873 Date: 2018 Authors Dee Masters Robin Allen QC

Algorithms, apps and artificial intelligence: the next frontier in discrimination law Go direct to Briefing

Volume: 65 Briefing: 872 Date: 2018 Author Michael Potter

The Ashers judgment: has the Supreme Court provided both a sword and a shield for discriminators? Go direct to Briefing

Volume: 64 Briefing: 871 Date: 2018 Author Jason Braier

Hale v Brighton and Sussex University Hospitals NHS Trust UKEAT/0342/16/LA; December 8, 2017 Disciplinary processes form a continuing act Go direct to Briefing

Volume: 64 Briefing: 870 Date: 2018 Author Michael Potter

Toy v Chief Constable of Leicestershire Police UKEAT/0124/17/LA; March 9, 2018 Employers knowledge of disability Go direct to Briefing

Volume: 64 Briefing: 869 Date: 2018 Author Daniel Zona

Really Easy Car Credit Limited v Thompson UKEAT/0197/17/DA; January 3, 2018 Dismissal and the date of employers knowledge of employees pregnancy Go direct to Briefing

Volume: 64 Briefing: 868 Date: 2018 Author Nina Khuffash

Capita Customer Management Ltd v Ali and Working Families (Intervenor) UKEAT/0161/17; April 11, 2018 EAT holds that failure to pay enhanced shared parental pay to a male employee was not sex discrimination Go direct to Briefing

Volume: 64 Briefing: 867 Date: 2018 Author Elaine Banton

Moorthy v HMRC [2018] EWCA Civ 847; April 20, 2018 Injury to feelings awards are not taxable (age discrimination) Go direct to Briefing

Volume: 64 Briefing: 866 Date: 2018 Author Michael Reed

Pemberton v Inwood, Bishop of Southwell and Nottingham [2018] EWCA Civ 564; March 22, 2018 Schedule 9 EA religious requirements defence found not to apply to harassment claim Go direct to Briefing

Volume: 64 Briefing: 865 Date: 2018 Author Catherine Rayner

City of York Council v Grosset [2018] EWCA Civ 1105; May 15, 2018 Unfavourable treatment and the employers belief in a link with disability: the correct legal test considered Go direct to Briefing

Volume: 64 Briefing: 864 Date: 2018 Author Michael Newman

Air Products Plc v Cockram [2018] EWCA Civ 346; March 2, 2018 Age discrimination - legitimate aim Go direct to Briefing