Briefings Index (by article)

1. Volume: 64 Briefing: 863 Date: 2018 Author Emma Satyamurti
   Donelien v Liberata Ltd [2018] EWCA Civ 129; February 8, 2018 CA considers employers knowledge of disability Go direct to Briefing
2. Volume: 64 Briefing: 862 Date: 2018 Author Peter Nicholson
   United First Partners Research v Carreras [2018] EWCA Civ 323; February 28, 2018 Expectation that an employee would work long hours was a PCP Go direct to Briefing
3. Volume: 64 Briefing: 861 Date: 2018 Author Catherine Rayner
   Pimlico Plumbers Ltd and another v Smith [2018] UKSC 29; June 13, 2018 Landmark decision on workers rights Go direct to Briefing
4. Volume: 64 Briefing: 860 Date: 2018 Authors Kate Lill Paramjit Ahluwalia
   The impact of sentences of imprisonment upon women Go direct to Briefing
5. Volume: 64 Briefing: 859 Date: 2018 Authors Barbara Cohen Razia Karim
   What is the Windrush scandal? Go direct to Briefing
6. Volume: 63 Briefing: 858 Date: 2018 Author Daniel Zona
   CC of Norfolk v Coffey EAT confirms ET decision that a claimant with a hearing loss impairment, but who is not disabled, was directly discriminated against on the grounds of a perceived disability. The ET found that the discriminator mistakenly believed the claimant to either Go direct to Briefing
7. Volume: 63 Briefing: 857 Date: 2018 Author Michael Newman
   Baker v Abellio London Ltd Are employers required to get documents proving workers right to work? The EAT says no- the important fact is whether the individual has the right to work; not whether the worker has the documentation to prove their right to work. Go direct to Briefing
8. Volume: 63 Briefing: 856 Date: 2018 Author Catherine Casserley
   Rochford v WNS Global Services (UK) Ltd & Ors CA upholds ETs finding of in effect gross misconduct when employee refused to work even though the ET had found as discrimination a failure to allow him to resume his full role. An employee has no absolute right to refuse to work and there was nothing Go direct to Briefing
9. Volume: 63 Briefing: 855 Date: 2018 Author Rosalee Dorfman Mohajer
   In the matter of M (Children) CA upholds the right of a transgender father to have direct contact with her children raised in a Jewish Orthodox community. Go direct to Briefing
10. Volume: 63 Briefing: 854 Date: 2018 Author Eirwen Pierrot
    HM Chief Inspector of Education, Childrens Services and Skills v The Interim Executive Board of Al-Hijrah School & Ors CA overturns High Court decision and finds that a mixed sex schools practice of segregating pupils by sex was discriminatory. Go direct to Briefing
11. Volume: 63 Briefing: 853 Date: 2018 Authors Juliette Nash Louise Price
    Benkharbouche v Secretary of State for Foreign & Commonwealth Affairs, and Secretary of State for Foreign & Commonwealth Affairs and Libya v Janah SC clarifies that state immunity cannot always be invoked to deny embassy workers their employment rights within the UK, even if their contracts were negotiated at a time when they were living abroad. Additionally it confirmed the horizontal direct effect Go direct to Briefing
12. Volume: 63 Briefing: 852 Date: 2018 Author Claire McCann
    R (on the application of C) v Secretary of State for Work and Pensions SC rules that the DWPs data procedures and policies which reveal a benefit claimants gender history and, therefore, their transgender status, constitute a serious interference with their Article 8 ECHR rights and are prima facie indirectly discriminatory. Go direct to Briefing
13. Volume: 63 Briefing: 851 Date: 2018 Author Jason Braier
    Otero Ramos v Servicio Galego de Sae and another CJEU holds failure to carry out appropriate risk assessment for a breastfeeding worker amounts to direct sex discrimination. Go direct to Briefing
14. Volume: 63 Briefing: 850 Date: 2018 Author Sally Robertson
    Carvalho Pinto De Sousa Morais v Portugal ECtHR holds, without requiring a comparator, that it was a breach of Article 14, read with Article 8 ECHR, for a court to cut a womans compensation for medical negligence on the stereotypical ground that sex was not as important for a 50-year old woman Go direct to Briefing
15. Volume: 63 Briefing: 849 Date: 2018 Author Elaine Banton
    Practice and Procedure Update Go direct to Briefing
16. Volume: 63 Briefing: 848 Date: 2018 Author Susan Belgrave
    Moving beyond disbelief and complacency- a review of recent reports on racial inequality in Britain Go direct to Briefing
17. Volume: 62 Briefing: 847 Date: 2017 Author Catherine Casserley
    In the matter of an application by Joanna Toner for judicial review The NI High Court considers the lawfulness of aspects of a public realm scheme in respect of access to a town centre for blind and partially sighted people, holding for the first time that the local authority breached its s75 public sector equality duty Go direct to Briefing
18. Volume: 62 Briefing: 846 Date: 2017 Author Eirwen-Jane Pierrot
    R (DA & Ors) v Secretary of State for Work and Pensions and Shelter The Administrative Court finds not only that the application of the revised benefits cap to those with children under the age of two is discriminatory and a breach of Article 8 rights, but that real misery is being caused to no good purpose. Go direct to Briefing
19. Volume: 62 Briefing: 845 Date: 2017 Author Jason Braier
    Trayhorn v Secretary of State for Justice Upholding ETs decision, EAT confirms that in an indirect discrimination claim under the EA engaging Article 9 ECHR, the requirement to prove group disadvantage remains. EAT confirms, however, the threshold in such a case is low- whether some individuals Go direct to Briefing
20. Volume: 62 Briefing: 844 Date: 2017 Author Catherine Rayner
    Efobi v Royal Mail Group Ltd EAT rejects the concept of a shifting burden of proof in discrimination cases following consideration of the wording of s136 EA. Go direct to Briefing
21. Volume: 62 Briefing: 843 Date: 2017 Author Catherine Casserley
    Williams v Trustees of Swansea University Pension and Ors CA dismisses Ws appeal and upholds a conclusion that the payment of a pension enhancement based on part-time earnings- as a result of W reducing his hours for a disability related reason- cannot amount to unfavourable treatment for the purposes of s15 EA. Go direct to Briefing
22. Volume: 62 Briefing: 842 Date: 2017 Author Catrin Lewis
    OBrien v Bolton St Catherines Academy CA provides guidance to tribunals dealing with dismissal of a disabled employee for long-term sickness absence, and considers the overlap between s15 EA and s 98(4) ERA with the majority of the CA deciding that in this context there was no real Go direct to Briefing
23. Volume: 62 Briefing: 841 Date: 2017 Author Michael Potter
    In the matter of an application by Denise Brewster for Judicial Review Legislation requiring cohabitating couples to observe a nomination requirement to be eligible for a survivors pension entitlement is unlawful discrimination contrary to Article 14 ECHR in conjunction with Article 1 of Protocol 1. Go direct to Briefing
24. Volume: 62 Briefing: 840 Date: 2017 Author Colin Davidson
    Naeem v Secretary of State for Justice SC upholds ET decision that the prison pay scheme was indirectly discriminatory against Muslim chaplains. SC confirms there was no requirement for the claimant to show that the reason for the disparate impact of a PCP on Muslims was something peculiar to Go direct to Briefing
25. Volume: 62 Briefing: 839 Date: 2017 Authors Pouya Fard Joanna Whiteman
    Walker v Innospec Ltd & Ors SC rules that to the extent that para 18 of Schedule 9 EA authorises a restriction of equality in payment of pension benefits to same-sex spouses based on periods of service before December 5, 2005, it is incompatible with the Equality Framework Directive Go direct to Briefing